scholarly journals Defnition as a Tool of the Formation of Legal Concepts

2020 ◽  
Vol 15 (3) ◽  
pp. 92-105
Author(s):  
VITALY V. OGLEZNEV
Keyword(s):  
The Other ◽  
Normative Reasons ◽  
Writing Style ◽  
Philosophy Of Law ◽  
Legal Philosopher ◽  
Legal Norms ◽  
Other Hand ◽  
Interesting Approach ◽  
The One ◽  
Legal Concepts

In his paper "The Influence of Normative Reasons on the Formation of Legal Concepts", German legal philosopher Lorenz Kähler offers a very interesting approach to normativity for the Russian theory and philosophy of law. L. Kähler, considering various normative reasons that influence on the formation of legal concepts, puts forward original and sometimes unexpected conclusions. On the one hand, this can be attributed to the peculiarities of his writing style, but on the other hand, it sometimes seems that he deliberately provokes the reader to questions, involving him in a discussion. In L. Kähler’s approach, there are at least two arguments that require serious clarification and discussion. First, the fact that all the concepts used in legal norms are legal, and, secondly, that the legislator can use lexical, stipulative and real definitions to disclose a content of these concepts. The counterarguments and criticisms offered in this article are based on the statements that the definition is one of the ways of forming legal concepts, and that the question of what is meant by concepts is closely related to the question of which definitions the legislator can use. This led to the following conclusions. First, that in the formulation of legal norms, non-legal concepts, legal concepts and concepts of the law can be used, and this use does not entail that all these concepts become legal. Second, that three types of definitions (lexical, stipulative, and real) are clearly not enough to define these concepts. Moreover, not all of these definitions can be effective and productive, and only some of them are normative in nature. Therefore, it is necessary either to expand the list of definitions, or to significantly modify them in accordance with the specifics of the field of application.

scholarly journals On the Relationship between Facts and Legal Concepts: Methodological Analysis

2020 ◽  
Vol 15 (3) ◽  
pp. 106-115
Author(s):  
ANTON B. DIDIKIN
Keyword(s):  
Legal Order ◽  
Broad Context ◽  
Normative Reasons ◽  
Legal Philosopher ◽  
Legal Norms ◽  
Definition Of ◽  
Legal Concepts ◽  
The Relationship ◽  
Legal Normativity ◽  
Philosophical Understanding

In his paper "The Influence of Normative Reasons on the Formation of Legal Concepts", German legal philosopher Lorenz Kähler attempts to give a theoretical and philosophical understanding of the legal normativity in terms of disclosure of normative reasons that determine the choice and definition of the legal concepts. Despite the broad context of substantiating the problem under study and ways to solve it, the author formulates a number of controversial and disputable provisions. Among them, we can note the ambiguity and uncertainty of the content of legal concepts that are projected by the author exclusively on the field of legal norms, which does not allow us to correctly distinguish the process of cognition of legal phenomena and the application of legal norms. The analysis of the problem of normativity is carried out from the position of separating the normative legal order from the field of empirical facts without the possibility of correlating normative prescriptions with factual circumstances and actions (the normative grounds of which are the main point of L. Kähler, s research). The paper offers a number of critical arguments that demonstrate the methodological incorrectness and unreasonableness of certain judgments of L. Kähler, as well as conceptual decisions about the relationship between facts and norms in the context of the boundaries of normative and factual law.

The Relationship between Legality and Legitimacy: A Double-Edged Sword

2019 ◽  
pp. 302-310
Author(s):  
Dana Burchardt
Keyword(s):  
The Other ◽  
Two Dimensional ◽  
Legal Norms ◽  
Other Hand ◽  
Norm Theory ◽  
The One ◽  
The Relationship

This comment on Thilo Marauhn’s chapter addresses the relationship between legality and legitimacy from a norm-related perspective. It inquires into the reasons for the two-dimensional relationship between legality and legitimacy through the lens of norm theory. It considers legal norms on the one hand and legitimacy norms on the other hand, interrogating how these different kinds of norms can coexist, interrelate, and influence each other and what functions they can fulfil in the international sphere. By doing so, it highlights to what extent legal norms and legitimacy norms compete and complement each other—where the double-edged sword in the relationship between legality and legitimacy can be used for undercutting or rather for defending each other.

scholarly journals GROUNDS FOR ENDING A POSTPONEMENT IN THE EXECUTION OF A CUSTODIAL SENTENCE

Probacja ◽  
2020 ◽  
Vol 2 ◽  
pp. 65-115
Author(s):  
Jarosław Tekliński
Keyword(s):  
Theoretical Perspective ◽  
Legal Regulation ◽  
Penal Code ◽  
The Other ◽  
Legal Norms ◽  
Other Hand ◽  
Article 9 ◽  
The Subject ◽  
The One ◽  
The Postponement

One of the few exceptions to the principle of the immediate execution of a penalty, expressed in Article 9 § 1 of the Executive Penal Code, is the institution of its deferral. The conditions of its application are specifi ed in the provisions of Article 150 and Article 151 of the Executive Penal Code. Postponement of a custodial sentence is not absolute, because the occurrence of certain factual or legal conditions during its duration may result in its termination. The subject of the article is to analyse the grounds for ending the postponement of a custodial sentence, with particular emphasis on the institution of appealing the postponement, and modifi cation of the decision pursuant to Article 24 of the Executive Penal Code. The study uses the method of dogmatic analysis, emphasizing, albeit with diff erent intensity, elements such as: description and systematization of legal norms, their interpretation as well as establishing and defi ning concepts. In the opinion of the author, the issue of the grounds for ending a postponement of a custodial sentence is, on the one hand, an attractive area of scientifi c research from a theoretical perspective. On the other hand, it is an important problem faced in the practice of judicial authorities. It is also a subject to which science seems to devote too little attention. Such a state of aff airs undoubtedly determines the need for scientific of the subject under consideration. Its results allow for the conclusion that the current legal regulation requires correction, the direction of which, by indicating the proposed changes to the applicable regulations, is presented by the author in this study.

Klassizistisch oder innovativ? Zur Rechtsprechung von Diokletians Reskriptenkanzlei

Millennium ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 139-162
Author(s):  
Jan Dirk Harke
Keyword(s):  
20Th Century ◽  
Textual Criticism ◽  
The Other ◽  
Roman Law ◽  
Other Hand ◽  
The Law ◽  
The One ◽  
Legal Concepts

AbstractModern research has established the prejudice that Diocletian focused on defending Roman law against the influence of primitive legal concepts of non-Roman origin and aimed to protect classical law from any kind of change. This is based, on the one hand, on circular textual criticism, which declared all innovations in the jurisprudence of Diocletian’s chancellery to be the result of later alterations of the primary texts, and, on the other hand, on the assumption that the parties to a dispute confronted the emperor directly with their own legal ideas, even though they knew that he judged only according to Roman law. An unbiased examination of Diocletian’s decisions on the law of obligations reveals a completely different picture: The rulings by which Diocletian’s chancellery purportedly reacted to popular legal ideas can almost always be explained by misunderstandings which stem from the concepts of classical Roman law itself. And once liberated from the exaggerated textual criticism of the 20th century, one can identify a variety of innovations that are more in keeping with Diocletian’s character than the obstinate conservatism that is commonly attributed to him in legal matters.

Gibt es eine kulturelle Identität?

2020 ◽  
Keyword(s):  
Cultural Identity ◽  
Political Science ◽  
The Other ◽  
Cultural Identities ◽  
Philosophy Of Law ◽  
Late Modernity ◽  
Other Hand ◽  
Identity Narratives ◽  
Kulturelle Identität ◽  
The One

In reaction to François Jullien’s essay ‘There is no cultural identity’, this volume discusses questions and problems of cultural identity from the perspectives of different disciplines in times of newly emerging lines of conflict between open and closed societies, hyperculture and cultural essentialism as well as cosmopolitanism and communitarianism in late modernity. On the one hand, the book emphasises theoretical interpretations of the concept from the perspectives of political science, sociology and philosophy (of law), which liberate it from its static and essentialist substance in order to include praxeological, dynamic, transformative and collective as well as individual aspects. On the other hand, it brings empirical constructions and debates into focus—from identity narratives, representations and performances, via their use as a political slogan in discourses, to the question of the compatibility of cultural identities with democracy in principle.

scholarly journals A Pragmatic Utopia? Utopianisms and Anti-utopianisms in the Critique of Educational Discourse

Paideusis ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 37-50
Author(s):  
Christopher Martin
Keyword(s):  
Social Change ◽  
Public Education ◽  
Political Action ◽  
The Other ◽  
Normative Reasons ◽  
Educational Justice ◽  
Educational Discourse ◽  
Other Hand ◽  
The One

This paper seeks to address what I claim are competing utopian and anti-utopian impulses within educational discourse aimed at formulating a just and fair conception of public education. On the one hand, there is a tendency to prescribe concrete utopias – normative blueprints that claim to portent how a redeemed public education will (and ought to) be. On the other hand, there is the tendency to prescribe material revolutions – strategic blueprints that dictate the kinds of political action that educators must undertake in order to bring about lasting social change. I argue that both of these approaches to formulating a just conception of public education are flawed for pragmatic as well as normative reasons. As a way of avoiding the pitfalls inherent to utopianism and anti-utopianism, I suggest that those of us interested in a just conception of education maintain our focus on a kind of pragmatic utopianism. While pragmatic utopianism requires that we abandon the notion that we can ever know what a redeemed public education will look like in its particulars, it does set out standards of deliberation that can increase the likelihood that we will be able to address issues of educational justice as they arise.

scholarly journals Indonesian Cyber Law Formulation in The Development Of National Laws In 4.0 Era

2020 ◽  
Vol 4 (1) ◽  
pp. 49-62
Author(s):  
Rama Halim Nur Azmi
Keyword(s):  
Social Control ◽  
New World ◽  
Digital Age ◽  
The Other ◽  
Legal Norms ◽  
Other Hand ◽  
Cyber Law ◽  
The One

The digital age has made the loss of boundaries for interaction and communication which then creates a new world of cyberspace. The cyberspace entity on the one hand provides advantages and on the other hand also causes losses if there is no protection in the cyberspace. Protection of cyberspace in Indonesia is still far from good and tends to be bad. Even President Susilo Bambang Yudhoyono has been a victim of the weak protection of the cyberspace. These weaknesses are the implications of the existence of norms that are legal norms which are the basis of the implementation of cyberspace protection in Indonesia. In this paper ,we will discuss  about the problems of  cyberspace in Indonesia and how legal norms should be present as a means of social control and engineering. Especially the cyberspace in order to realize order and security in the cyberspace. The method used in this study is the normative juridical method with the legislation approach and case approach.

Stories and the Self

2020 ◽  
Vol 32 (2) ◽  
pp. 47-58 ◽  
Author(s):  
Stefan Krause ◽  
Markus Appel
Keyword(s):  
Meta Analysis ◽  
The Self ◽  
The Other ◽  
Lower Degree ◽  
Contrast Effects ◽  
Self Perception ◽  
Self Perceptions ◽  
Other Hand ◽  
The One ◽  
Implicit And Explicit

Abstract. Two experiments examined the influence of stories on recipients’ self-perceptions. Extending prior theory and research, our focus was on assimilation effects (i.e., changes in self-perception in line with a protagonist’s traits) as well as on contrast effects (i.e., changes in self-perception in contrast to a protagonist’s traits). In Experiment 1 ( N = 113), implicit and explicit conscientiousness were assessed after participants read a story about either a diligent or a negligent student. Moderation analyses showed that highly transported participants and participants with lower counterarguing scores assimilate the depicted traits of a story protagonist, as indicated by explicit, self-reported conscientiousness ratings. Participants, who were more critical toward a story (i.e., higher counterarguing) and with a lower degree of transportation, showed contrast effects. In Experiment 2 ( N = 103), we manipulated transportation and counterarguing, but we could not identify an effect on participants’ self-ascribed level of conscientiousness. A mini meta-analysis across both experiments revealed significant positive overall associations between transportation and counterarguing on the one hand and story-consistent self-reported conscientiousness on the other hand.

Radioimmunotherapy for treatment of acute myeloid leukaemia and myelodysplastic syndrome

2005 ◽  
Vol 44 (03) ◽  
pp. 107-117
Author(s):  
R. G. Meyer ◽  
W. Herr ◽  
A. Helisch ◽  
P. Bartenstein ◽  
I. Buchmann
Keyword(s):  
Acute Myeloid Leukaemia ◽  
Myeloid Leukaemia ◽  
Primary Tumour ◽  
The Other ◽  
Haematopoietic Stem Cell ◽  
Other Hand ◽  
Primary Reduction ◽  
The One ◽  
Acute Myeloid

SummaryThe prognosis of patients with acute myeloid leukaemia (AML) has improved considerably by introduction of aggressive consolidation chemotherapy and haematopoietic stem cell transplantation (SCT). Nevertheless, only 20-30% of patients with AML achieve long-term diseasefree survival after SCT. The most common cause of treatment failure is relapse. Additionally, mortality rates are significantly increased by therapy-related causes such as toxicity of chemotherapy and complications of SCT. Including radioimmunotherapies in the treatment of AML and myelodyplastic syndrome (MDS) allows for the achievement of a pronounced antileukaemic effect for the reduction of relapse rates on the one hand. On the other hand, no increase of acute toxicity and later complications should be induced. These effects are important for the primary reduction of tumour cells as well as for the myeloablative conditioning before SCT.This paper provides a systematic and critical review of the currently used radionuclides and immunoconjugates for the treatment of AML and MDS and summarizes the literature on primary tumour cell reductive radioimmunotherapies on the one hand and conditioning radioimmunotherapies before SCT on the other hand.

The Salvage of Ideas: Schumpeter and the Core Problems Still Confronting Economics

2003 ◽  
pp. 15-26
Author(s):  
P. Wynarczyk
Keyword(s):  
The Other ◽  
The Core ◽  
Other Hand ◽  
The One

Two aspects of Schumpeter' legacy are analyzed in the article. On the one hand, he can be viewed as the custodian of the neoclassical harvest supplementing to its stock of inherited knowledge. On the other hand, the innovative character of his works is emphasized that allows to consider him a proponent of hetherodoxy. It is stressed that Schumpeter's revolutionary challenge can lead to radical changes in modern economics.

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