FORMAL VALIDITY

2020 ◽  
pp. 87-91
Author(s):  
Alexandre Boiché
Keyword(s):  
Author(s):  
James Sheldon

In this article, I explore the potential for people with disabilities to conduct research about disability in education. Drawing upon Rasmussen (2006), I consider whether merely sharing one aspect of identity with participants is enough to gain an emic (insider) perspective when doing research. I argue that not only should we problematize our own identity, but that research should change the researcher’s own identity and that the degree to which research promotes this change is an essential aspect of formal validity of the research. Finally, I propose some practical implications and offer some advice for researchers conducting research on disability.


Vivarium ◽  
2010 ◽  
Vol 48 (1-2) ◽  
pp. 159-192 ◽  
Author(s):  
Christopher J. Martin

AbstractA study of the reception of Aristotle’s Prior Analytics in the first half of the twelfth century. It is shown that Peter Abaelard was perhaps acquainted with as much as the first seven chapters of Book I of the Prior Analytics but with no more. The appearance at the beginning of the twelfth century of a short list of dialectical loci which has puzzled earlier commentators is explained by noting that this list formalises the classification of extensional relations between general terms and that this classification had already be put forward by Boethius in his de Syllogismo Categorico and Introductio ad Syllogismos Categoricas. It is pointed out the kind of text referred to as an ‘Introductio’ at the beginning of the twelfth-century follows very closely the structure of Boethius own Introductio and adds to it material drawn from his accounts of loci and the conditional propositions. It is argued that the reception of the Prior Analytics has to be understood against the background of this well developed tradition of treating together syllogisms, loci, and conditional propostions. Referring to a challenge to the formal validity of Darapti in the Ars Meliduna the paper concludes by illustrating that the theory of the syllogism presented in Prior Analytics was still controversial in the middle of the twelfth-century.


2021 ◽  
Vol 24 (1) ◽  
pp. 210-241
Author(s):  
Harold Tarrant

Abstract Olympiodorus led the Platonist school of philosophy at Alexandria for several decades in the sixth century, and both Platonic and Aristotelian commentaries ascribed to him survive. During this time the school’s attitude to the teaching of Aristotelian syllogistic, originally owing something to Ammonius, changed markedly, with an early tendency to reinforce the teaching of syllogistic even in Platonist lectures giving way to a greater awareness of its limitations. The vocabulary for arguments and their construction becomes far commoner than the language of syllogistic and syllogistic figures, and also of demonstration. I discuss the value of these changes for the dating of certain works, especially where the text lectured on does not demand different emphases. The commitment to argument rather than to authority continues, but a greater emphasis eventually falls on the establishment of the premises than on formal validity.


2019 ◽  
Vol 9 (1) ◽  
pp. 76-116 ◽  
Author(s):  
LUCRECIA GARCÍA IOMMI

Abstract:Finnemore and Sikkink’s norms life cycle model (NLCM) is a powerful heuristic device that continues to be a mandatory point of reference for theoretical and empirical scholarship on norm change. Yet the internalisation stage as conceptualised in the NLCM is problematic. Drawing from Wiener’s Theory of Contestation, this article proposes to reconceptualise the norm internalisation stage as the phase at the extreme of the norm cascade in which inherently contested norms simultaneously enjoy formal validity, social recognition, and cultural validation among stakeholders. Unlike Finnemore and Sikkink’s, this conceptualisation focuses solely on norm validity and does not assume ‘almost automatic’ compliance. While Finnemore and Sikkink emphasise habit and institutionalisation as mechanisms of internalisation, the proposed conceptualisation highlights the role of applicatory contestation under conditions of high contestedness. Furthermore, I argue that internalised norms continue to be contested. Finally, my conceptualisation explicitly incorporates norm regression as the fourth stage of the NLCM. Norms might regress because they become obsolete, they change, or they are replaced. To assess the descriptive power of the proposed conceptualisation vis-à-vis Finnemore and Sikkink’s, the article applies them to the analysis of the norm that prohibits torture.


Author(s):  
Hartley Trevor C
Keyword(s):  

This chapter considers choice-of-court agreements under Brussels 2012, Lugano 2007, and Hague. The issue is considered based on the assumption that the courts of only one country are involved. Several provisions in all three instruments are relevant. In the case of Brussels 2012, the most important for present purposes is Article 25; in the case of Lugano 2007, it is Article 23; in the case of Hague, the whole Convention could be regarded as relevant, since all of it is concerned with choice-of-court agreements. The discussions cover the nature of choice-of-court agreements, relevant provisions, location of the designated court, the need for an international element, asymmetric choice-of-court agreements, indirect designation, formal validity and consent, substantive validity, severability, disputes covered, parties covered, the obligation to hear the case, and the obligation to decline jurisdiction.


Author(s):  
Torremans Paul

This chapter examines the choice of law rules governing the formal validity of a marriage and those rules governing its essential validity or capacity to marry. It first considers the general rule governing the formalities of marriage as well as exceptions to the general rule before discussing the two main theories on the capacity to marry. It then looks at the reform of general rules on marriage, what law determines the nature of a marriage, the capacity to contract a polygamous marriage, and recognition of polygamous marriages in England. It also analyses the rules governing civil partnership and de facto cohabitation and concludes with an overview of special problems posed by polygamous marriages and same sex unions.


2016 ◽  
Vol 8 (6) ◽  
pp. 17 ◽  
Author(s):  
Carmine Cataldo

<p class="1Body">The Lorentz transformations can be considered, without any doubt whatsoever, as the backbone of the theory of Special Relativity. Nonetheless, both the conventional derivation of the transformations and the meaning commonly assigned to them have been often savagely criticized, to the extent that, despite an alleged empirical evidence, the whole Special Relativity, in several occasions, has been brought into question. This paper is finalized to more thoroughly discuss a line of reasoning, elsewhere used in order to carry out an alternative deduction of the mass – energy equivalence, that may lead, amongst other things, towards the assignment of a new meaning to the Lorentz transformations, without any loss of formal validity. The transformations can be alternatively deduced once assumed some noteworthy hypotheses concerning our Universe, among which the existence of at least a further spatial dimension stands out. It is fundamental to underline that time is supposed as being absolute.</p>


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