The Problem of Definition of Legal Concepts with “Open Texture”

2020 ◽  
Vol 2 (1) ◽  
pp. 150-161
Author(s):  
V. V. Ogleznev ◽  
Keyword(s):  
Theoretical Basis ◽  
Special Kind ◽  
Analytical Philosophy ◽  
Clear Cut ◽  
The Core ◽  
Open Texture ◽  
Contextual Definition ◽  
Definition Of ◽  
Legal Concepts ◽  
Core Meaning

Introduction: The article discusses the problems associated with the definition of legal concepts which have the feature of “open texture”. The introduction presents the nature and meaning of “open texture”, which is understood as a special kind of indeterminacy. Such concepts are considered in the form in which they were postulated in the works of the Austrian linguistic philosopher Friedrich Waismann and the British legal philosopher Herbert Hart. Theoretical Basis. Methods. It is contested that, in Hart’s interpretation, “open texture” appears in legal concepts in borderline cases, when the meaning of the term of “concept” becomes indeterminate, unclear, uncertain, and we do not know whether or not it should be applied. Such cases should be distinguished from clear-cut cases where such doubt does not arise. The methodological basis of the study is Hart’s thesis stating that legal concepts have “core” and “penumbra” of meaning. The “core” meaning indicates a set of certain conditions, in which the use of the term “concept” is clear, while a “penumbra” meaning refers to conditions in which the its use becomes less clear. “Open texture” in this case, is an irreducible feature of legal concepts. Results. The main result of the study is the assertion that “open texture” as an irreducible feature of legal concepts, can be disproved by changing its definition. It is shown that the most appropriate kind of definition of open-textured legal concepts is the definition or contextual definition, widely used in analytical philosophy.

Political Personalization

2018 ◽  
Author(s):  
Gideon Rahat ◽  
Ofer Kenig
Keyword(s):  
Theoretical Basis ◽  
Research Literature ◽  
Party Change ◽  
The Core ◽  
Different Types ◽  
National Perspective ◽  
Definition Of ◽  
Core Meaning ◽  
Cross National

The chapter lays down the conceptual and theoretical basis for the analysis of political personalization from a cross-national perspective. It proposes a definition of political personalization and a typology of its types—institutional, media, and behavioral—and its subtypes—personalization of governmental and nongovernmental institutions; of controlled and uncontrolled media; and of the behavior of politicians and voters. It looks closely at the core meaning of the proposed definition, at its broadness, and at the implications of perceiving personalization as a process. The chapter also examines, on the basis of the research literature, the general causes of political personalization—party change, mediatization, individualization—and the relationships between its different types.

PROPERTY AND THE DEFINITION OF SLAVERY

2012 ◽  
Vol 61 (4) ◽  
pp. 915-938 ◽  
Author(s):  
Jean Allain ◽  
Robin Hickey
Keyword(s):  
International Law ◽  
Clear Understanding ◽  
Property Law ◽  
Legal Definition ◽  
The Core ◽  
Definition Of ◽  
Core Meaning ◽  
Interpretation Problem

AbstractCurrently there is no clear understanding of the meaning of ‘slavery’ in modern international law. While generally it is accepted that the authoritative definition of slavery is provided by Article 1 of the Slavery Convention 1926, in recent times slavery has been understood in such a wide variety of ways that effectively it is a meaningless term. This paper reflects on this interpretation problem and aims to redress this balance by reclaiming the core meaning of the legal definition. It applies property law perspectives to explain the conception of ownership invoked by Article 1, to argue that it remains relevant and to explore how it might be applied in identifying modern cases of slavery.

scholarly journals ‘What and then a little robot brings it to you?’ The reactive what-x construction in spoken dialogue

2019 ◽  
Vol 24 (2) ◽  
pp. 307-332
Author(s):  
NELE PÕLDVERE ◽  
CARITA PARADIS
Keyword(s):  
Cognitive Linguistics ◽  
Construction Grammar ◽  
Pitch Accent ◽  
British English ◽  
The Core ◽  
Broad Framework ◽  
Definition Of ◽  
Core Meaning ◽  
Dialogic Space

In the process of compiling a new corpus of contemporary spoken British English, the London–Lund Corpus 2, we hit upon a construction used in the conversations recorded that had not previously been dealt with in the literature, namely the reactive what-x construction. Prompted by this discovery, we carried out a detailed analysis of its properties and constraints within the broad framework of Cognitive Linguistics, namely Construction Grammar, and found that the reactive what-x construction features the interrogative what directly followed by a phrasal or clausal complement x. Moreover, what forms one tone unit with the complement and never carries a nuclear pitch accent. The core meaning is to signal an immediate reaction to something said by another speaker in the preceding turn, and the dialogic functions include questions proper as well as expressions of disagreement. The two contributions of this study are: (i) to provide a definition of the reactive what-x construction and (ii) to propose a crucial theoretical extension of Construction Grammar involving a broadening of the concept of construction to cover not only the lexical–semantic pairing but also prosodic properties and the role of the construction in the interactive dialogic space in speech.

Ways and Voices in the Psychoanalysis of Links According to Enrique Pichon-Rivière

2016 ◽  
Vol 6 (2) ◽  
Author(s):  
Rosa Jaitin
Keyword(s):  
Couple Therapy ◽  
Clinical Observation ◽  
Clinical Work ◽  
The Core ◽  
The Social ◽  
The 1960S ◽  
Definition Of ◽  
Relationship Of ◽  
The Voice ◽  
Different Levels

This article covers several stages of the work of Pichon-Rivière. In the 1950s he introduced the hypothesis of "the link as a four way relationship" (of reciprocal love and hate) between the baby and the mother. Clinical work with psychosis and psychosomatic disorders prompted him to examine how mental illness arises; its areas of expression, the degree of symbolisation, and the different fields of clinical observation. From the 1960s onwards, his experience with groups and families led him to explore a second path leading to "the voices of the link"—the voice of the internal family sub-group, and the place of the social and cultural voice where the link develops. This brought him to the definition of the link as a "bi-corporal and tri-personal structure". The author brings together the different levels of the analysis of the link, using as a clinical example the process of a psychoanalytic couple therapy with second generation descendants of a genocide within the limits of the transferential and countertransferential field. Body language (the core of the transgenerational link) and the couple's absences and presence during sessions create a rhythm that gives rise to an illusion, ultimately transforming the intersubjective link between the partners in the couple and with the analyst.

The Evolution of Psychoanalytic Practice with Psychotic Patients

2002 ◽  
Vol 4 (1) ◽  
pp. 31-43
Author(s):  
Sophie de Mijolla-Mellor
Keyword(s):  
Special Kind ◽  
Main Hypothesis ◽  
Actual Case ◽  
Definition Of ◽  
Psychoanalytic Method

This paper deals with the evolution of the psychoanalytic practice with psychotic patients beginning with Freud's scepticism about the transference capacities of those patients to a new definition of a special kind of psychotic transference. The main hypothesis is that the actual case of psychotics within a psychoanalytic cure has modified the psychoanalytic method itself, even in the field of neuroses. Within the framework and, more specifically, in the case of schizophrenics, this paper develops some reflections on the evolution of the three following concepts: transference/countertransference, communication and interpretation, and reality.

ДОМИНАНТНО-ФУНКЦИОНАЛЬНАЯ СТРУКТУРА ИДИОСТИЛЯ М.Ф. ДОРОНОВИЧА// Humanitarian and Socio-Economic Sciences Journal/ OEAPS Inc., Berlin, Germany, pp.46-55

2018 ◽  
Author(s):  
Olga Dorofeeva ◽  
Любовь Викторовна Чернова
Keyword(s):  
Functional Structure ◽  
The Core ◽  
Definition Of

Обращаясь к рассмотрению вопроса о доминантно-функциональной структуреидиостиля, авторы раскрывают дефиницию «идиостиль» в его связи с экстра- и интралингвистическими факторами. Рассматривая творчество публициста М.Ф. Дороновича через призму одножанровых текстов, авторы выделяют доминанты, составляющие ядро идиостиля публициста. К числу таковых относятся оценочная метафоричность, гиперболичность, фразеологичность, реализующиеся как на уровне тропов, так и на уровне синтаксических фигур.Addressing the issue of dominant-functional structure of idiostyle, the authors reveal the definition of "idiostyle" in its connection with extra- and intralinguistic factors. Considering the creativity of the writer M.F. Doronovich through the lens of various genres of texts, the authors identify the dominant components of the core of the idiostyle of the writer. These include evaluative metaphoricity, hyperbolicity, phraseology, which are implemented both at the level of tropes and at the level of syntactic figures.СВЕДЕНИЯ О ГРАНТАХ И ФИНАНСИРОВАНИИИсследование подготовлено при поддержке Российского фонда фундаментальных исследований (отделение гуманитарных и общественных наук) и Министерства образования, науки и молодёжной политики Краснодарского края в рамках научного проекта № 18-412-230008 а(р) «Язык и стиль публикаций М.Ф. Дороновича в кубанских дореволюционных газетах». Руководитель проекта – О.А. Дорофеева.

Reference Conundrum: The Broad Definition of Peer-Review

2018 ◽  
Author(s):  
Cody Fullerton
Keyword(s):  
Peer Review ◽  
Gold Standard ◽  
Review Process ◽  
Peer Review Process ◽  
Academic Publishing ◽  
Inaccurate Information ◽  
The Core ◽  
Literature Reviews ◽  
Reference Interactions ◽  
Definition Of

For years, the gold-standard in academic publishing has been the peer-review process, and for the most part, peer-review remains a safeguard to authors publishing intentionally biased, misleading, and inaccurate information. Its purpose is to hold researchers accountable to the publishing standards of that field, including proper methodology, accurate literature reviews, etc. This presentation will establish the core tenants of peer-review, discuss if certain types of publications should be able to qualify as such, offer possible solutions, and discuss how this affects a librarian's reference interactions.

Assessment of multimorbidity of diseases in geriatric practice

2020 ◽  
pp. 17-21
Author(s):  
Mark Oprenko
Keyword(s):  
Quality Of Life ◽  
The Core ◽  
Definition Of

The definition of the multimorbidity concept reveals insufficient specificity of the comorbidity and multimorbidity definitions and, as a result, confusion in the use of these terms. Most authors are unanimous that the “core” of multimorbidity is presence of more than one disease in a patient. These coexisting diseases can be pathogenetically interconnected and non-interconnected. Regardless, the degree of multimorbidity always affects prognosis and quality of life.

scholarly journals CASTING THE LIGHT OF THE THEORY OF OPPOSITION ONTO HOHFELD'S FUNDAMENTAL LEGAL CONCEPTS

Legal Theory ◽  
2021 ◽  
pp. 1-34
Author(s):  
João Alberto de Oliveira Lima ◽  
Cristine Griffo ◽  
João Paulo A. Almeida ◽  
Giancarlo Guizzardi ◽  
Marcio Iorio Aranha
Keyword(s):  
Conceptual Framework ◽  
Legal Theory ◽  
Analytical Framework ◽  
The Core ◽  
Recent Developments ◽  
The Law ◽  
Opposition Theory ◽  
Legal Concepts ◽  
Number Of Authors

Abstract At the core of Hohfeld's contribution to legal theory is a conceptual framework for the analysis of the legal positions occupied by agents in intersubjective legal relations. Hohfeld presented a system of eight “fundamental” concepts relying on notions of opposition and correlation. Throughout the years, a number of authors have followed Hohfeld in applying the notion of opposition to analyze legal concepts. Many of these authors have accounted for Hohfeld's theory in direct analogy with the standard deontic hexagon. This paper reviews some of these accounts and extends them employing recent developments from opposition theory. In particular, we are able to extend application of opposition theory to an open conception of the law. We also account for the implications of abandoning the assumption of conflict-freedom and admitting seemingly conflicting legal positions. This enables a fuller analysis of Hohfeld's conceptual analytical framework. We also offer a novel analysis of Hohfeld's power positions.

scholarly journals Exploring International and Inter-Sector Differences of Social Enterprises in the UK and India

2021 ◽  
Vol 13 (11) ◽  
pp. 5870
Author(s):  
Philipp Kruse
Keyword(s):  
Social Entrepreneurship ◽  
Social Enterprise ◽  
Social Enterprises ◽  
Future Research ◽  
Shape Features ◽  
Qualitative And Quantitative ◽  
Clear Cut ◽  
The One ◽  
Definition Of ◽  
The Uk

Social Entrepreneurship (SE) describes a new entrepreneurial form combining the generation of financial and social value. In recent years, research interest in SE increased in various disciplines with a particular focus on the characteristics of social enterprises. Whereas a clear-cut definition of SE is yet to be found, there is evidence that culture and economy affect and shape features of SE activity. In addition, sector-dependent differences are supposed. Building on Institutional Theory and employing a mixed qualitative and quantitative approach, this study sheds light on the existence of international and inter-sector differences by examining 161 UK and Indian social enterprises. A content analysis and analyses of variance were employed and yielded similarities as well as several significant differences on an international and inter-sector level, e.g., regarding innovativeness and the generation of revenue. The current study contributes to a more nuanced picture of the SE landscape by comparing social enterprise characteristics in a developed and a developing country on the one hand and different sectors on the other hand. Furthermore, I highlight the benefits of jointly applying qualitative and quantitative methodologies. Future research should pay more attention to the innate heterogeneity among social enterprises and further consolidate and extend these findings.

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