Figure 7.3: argument construction 7.6 THE NATURE OF PROBLEMS AND RULES Before continuing to discuss the detail of argument construction and the legal reasoning preferences of the English legal system it is useful to look briefly at the nature of problems and rules. A number of issues are raised by the activity of resolving problems by making rules and/or applying rules. Twining and Miers introduce the idea that much of law concerns rule handling and that an integral part of rule handling requires an understanding of the nature of problems. For the life of the law is equally connected with the human condition and the issue of problems as it is connected to the manipulation of legal rules. The definition of a problem varies according to context and can be: (a) a difficult question put forward for an answer in scholastic disputation; (b) the question asked in the standard formal logic method of deductive reasoning; (c) in mathematics and physics an inquiry or a question which, starting from a given position, investigates some fact, result or law. Twining and Miers (1999:114) states that:

2012 ◽  
pp. 220-220
Keyword(s):  
Legal System ◽  
Deductive Reasoning ◽  
Legal Reasoning ◽  
Formal Logic ◽  
Human Condition ◽  
Legal Rules ◽  
Definition Of ◽  
Mathematics And Physics ◽  
Logic Method ◽  
The Human Condition

Introduction: almost nothing

2017 ◽  
Author(s):  
Anna Dezeuze
Keyword(s):  
Contemporary Art ◽  
Human Condition ◽  
Work Of Art ◽  
Art Object ◽  
New Perspective ◽  
The 1960S ◽  
Definition Of ◽  
The Human Condition

This introduction introduces the term ‘precariousness’ by contrasting it with the ‘ephemeral’. Precarious practices that explore the ‘almost nothing’ are situated in the context of studies of ‘nothingness’ and empty exhibitions in contemporary art. Such debates focus on the ‘dematerialisation’ of the art object since the 1960s, which will be addressed from a new perspective following Lawrence Alloway’s 1969 definition of ‘an expanding and disappearing’ work of art. Re-readings of the materiality of contemporary art since the 1960s are related to continental debates concerning ‘precarity’ in the 1990s, and traced back to Hannah Arendt’s 1958 remarks on The Human Condition. Two different philosophical books — Vladimir Jankélévitch’s 1957 Le Je-ne-sais-quoi et le presque rien, and Simon Critchley’s 1997 Very little, almost nothing — point to some of the questions and methods raised by the study of precarious practices.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

scholarly journals THE PRONOUNCED (LITERAL) MEANING OF THE LEGISLATIVE TEXT (AL-MANṬŪQ) IN SHAFII SCHOOL OF LAW

2019 ◽  
pp. 253-265
Author(s):  
Šukrija Ramić
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Legal Reasoning ◽  
Literal Meaning ◽  
Legal Rules ◽  
The Difference ◽  
Definition Of ◽  
The Way

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the context of the Methodology of Islamic Law (Uṣūlu-l-fiqh) as well as its significance for ijtihad, followed by the difference between the Ḥanafis and the Shafiis in the classification of textual allusions (ad-dalalāt) of legislative texts, and the linguistic and terminological definition of the concept of al-manṭūq in the Shafii school of law. Also, the classification of al-manṭūq in the Shafii school of law is presented. Providing examples, the author clarifies the significance of al-manṭūq in the Shafii school of law and the way in which the Shafiis used al-manṭūq in their argumentation in support of legal rules. Furthermore, the author presents the classification of al-manṭūq and the restriction of its meaning with respect to the mafhūm al-muwāfeqa and mafhūm al-muhālefe. Finally, the value of al-manṭūq and its legal status as well as the indications in Shariah are clarified.

scholarly journals Japan: Economic Success and Legal System

1997 ◽  
Vol 27 (1) ◽  
pp. 175
Author(s):  
A H Angelo
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Human Condition ◽  
Economic Success ◽  
Japanese Law ◽  
Japanese Enterprise ◽  
The Human Condition

This article is a book review of Harald Baum (ed) Japan: Economic Success and Legal System (de Gruyter, Berlin, 1997) pp i-xxii, 1-401. This book is the record of the 1995 conference on "Japan: Economic Success and Legal System" which was held at the Japanese-German Center, Berlin, Germany. The book is divided into four main parts: dispute resolution, contract in Japanese business, Japanese enterprise, and the bureaucracy in Japanese economic and legal affairs. Angelo praises the book as one that gives cause for reflection on matters of Japanese law and comparative, as well as the human condition generally. 

The lawyer, like a scientist, spends time considering the importance of supporting all statements with evidence and considers how one might weigh evidence on a scale of weak to strong. What is it that is actually proved by the evidence? However, the lawyer deals in words, reports, reconstructions; the lawyer was not present observing the wrong, the accident, the incident. The scientist can always replay the event, observe the event. So, there is not a strict correlation between the lawyer and the scientist. The logician, like the lawyer, deals in statements expressed in words and symbols called propositions. In the context of logic, the word ‘proposition’ only means making a statement or an assertion about something. Essentially, logic is the study of propositions and how conclusions may be correctly obtained from propositions in the process of reasoned argument. There are two main types of logic: deductive and inductive. There is also a third process: abduction. Each of these processes will be briefly explained. In addition, ‘analogic argument’ (which is really a form of inductive reasoning) will be discussed, because analogic reasoning is the type of reasoning used within the English legal system where the courts argue from precedent to precedent. In fact analysis is a species of inductive reasoning. Reasoning itself is analogous to a journey: (a) prepare/collect information; (b) order/organise information; (c) start working through the information once the direction of travel is clear. When people set out on a journey, they normally have an idea of where they are going. If they do not know where they are going, this is usually a matter of deliberate choice. When people begin to consider argument construction, they need to know where they are going: To begin with the end in mind.’ Many students, however, do not know where they are going, hope they will know when they get there, and often give up exhausted and arbitrarily state ‘Therefore, this is the end’! It is not possible to craft a good argument by accident. Useful information to include as evidence for an argument may be uncovered accidentally; however, the argument can never be accidentally constructed. 7.8 TYPES OF LEGAL REASONING 7.8.1 Deduction Reasoning can be described as a careful journey through various propositions. Movement being allowed by evidence leading to inference. In deductive reasoning, the argument has to follow a prescribed form.

2012 ◽  
pp. 228-228
Keyword(s):  
Legal System ◽  
Deductive Reasoning ◽  
Inductive Reasoning ◽  
Legal Reasoning ◽  
Good Argument ◽  
Working Through

Systematicity to Excess

2017 ◽  
Author(s):  
Benedict Vischer
Keyword(s):  
Legal System ◽  
Continuous Process ◽  
Human Condition ◽  
Philosophical System ◽  
Integral Element ◽  
International Legal System ◽  
Fixed State ◽  
Self Transcendence ◽  
The Human Condition

This chapter argues that pervading tensions constitute a crucial dimension of Kant’s international legal system. Kant did not intend to provide the conclusive plan for legislation that many readers seek. By contrast, following the fundamental insights of his philosophy, his sketch of the cosmopolitan system shows that the emancipatory project of law is an infinite endeavour we can never conclude. In its ultimate openness, the idea of the system points to the ongoing excess of any determined system. An integral element of Kant’s philosophical system, the system of law reflects the human condition of conscious finitude; it is shaped by our situation as worldly beings who act within a historical horizon. The full actualization of law lies not in a fixed state, but in a continuous process of self-transcendence.

Absent Felicity

2020 ◽  
Vol 32 (3) ◽  
pp. 45-58
Author(s):  
Andrew Sanders
Keyword(s):  
American Revolution ◽  
Human Condition ◽  
Pursuit Of Happiness ◽  
State Of Mind ◽  
The Common ◽  
Definition Of ◽  
The Human Condition

‘Happiness’, as we now commonly understand the term, is not something we should expect to meet in Shakespeare’s work. When he employs alternative words – such as ‘felicity, ‘merry’ or ‘blessed’ – he rarely seeks to convey what latter-day readers might assume to be the concept of ‘happiness’ that we accept as an agreeable state of mind. Shakespeare’s ‘happy’ seems to apply to circumstances rather than to a state of mind. His characters often appear to be luckier in their happiness rather than actual achievers of happiness. The idea that the ‘pursuit of happiness’ is an essential part of the definition of the human condition (as in the founding documents of the American Revolution) may well owe far more to John Milton’s use of the words ‘happy’ and ‘happiness’ and the common acceptance of ‘happiness’ as a socially and politically desirable condition.

An Adolescent Girl Experiments with Sexuality: Rain (Christine Jeffs, 2001)

2018 ◽  
Author(s):  
Alistair Fox
Keyword(s):  
New Zealand ◽  
Adolescent Girl ◽  
Emotional Problems ◽  
Human Condition ◽  
The Core ◽  
Parental Neglect ◽  
The Human Condition

The analysis in this chapter focuses on Christine Jeffs’s Rain as evidence of a shift that had occurred in New Zealand society whereby puritan repression is no longer perceived as the source of emotional problems for children in the process of becoming adults, but rather its opposite – neoliberal individualism, hedonism, and the parental neglect and moral lassitude it had promoted. A comparison with Kirsty Gunn’s novel of the same name, upon which the adaptation is based, reveals how Jeffs converted a poetic meditation on the human condition into a cinematic family melodrama with a girl’s discovery of the power of her own sexuality at the core.

Deadly Mirrors: Animal Death in Tommaso Landolfi and Stefano D'Arrigo

Paragraph ◽  
2019 ◽  
Vol 42 (1) ◽  
pp. 76-90
Author(s):  
Damiano Benvegnù
Keyword(s):  
Short Story ◽  
Killer Whale ◽  
Human Condition ◽  
Nonhuman Animal ◽  
Western Philosophy ◽  
Mise En Abyme ◽  
The Human Condition

From Hegel to Heidegger and Agamben, modern Western philosophy has been haunted by how to think the connections between death, humanness and animality. This article explores how these connections have been represented by Italian writers Tommaso Landolfi (1908–79) and Stefano D'Arrigo (1919–92). Specifically, it investigates how the death of a nonhuman animal is portrayed in two works: ‘Mani’, a short story by Landolfi collected in his first book Il dialogo dei massimi sistemi (Dialogue on the Greater Harmonies) (1937), and D'Arrigo's massive novel Horcynus Orca (Horcynus Orca) (1975). Both ‘Mani’ and Horcynus Orca display how the fictional representation of the death of a nonhuman animal challenges any philosophical positions of human superiority and establishes instead animality as the unheimlich mirror of the human condition. In fact, in both stories, the animal — a mouse and a killer whale, respectively — do die and their deaths represent a mise en abyme that both arrests the human narrative and sparks a moment of acute ontological recognition.

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