scholarly journals Back to Hart

2021 ◽  
Vol 69 (4) ◽  
pp. 749-760
Author(s):  
Brian Leiter
Keyword(s):  
Legal Reasoning ◽  
Point Of View ◽  
Legal Philosophy ◽  
Internal Point ◽  
First Case ◽  
The Way

The essay addresses two different senses of important “problems” for contemporary legal philosophy. In the first case, the “problem” is having forgotten things we learned from H.L.A. Hart, and, partly as a result, encouraging pointless metaphysical inquiries in other directions that take us very far from questions about the nature of law and legal reasoning. In the second case, the “problem” is to attend more carefully to Hart’s views and his philosophical context to think about the problem of theoretical disagreement, and to understand the way in which later commentators have misunderstood his behaviorist (Rylean) analysis of “accepting a rule from an internal point of view.”

scholarly journals Down The Methodological Rabbit Hole

2017 ◽  
Vol 49 (147) ◽  
pp. 41-73
Author(s):  
David Frydrych
Keyword(s):  
Conceptual Analysis ◽  
Family Resemblance ◽  
Point Of View ◽  
Legal Philosophy ◽  
Internal Point ◽  
Concept Selection ◽  
Central Case

This article surveys methodological matters that shape, drive, and plague analytic legal philosophy. Section 2 briefly explicates conceptual analysis, analytic definitions, and family resemblance concepts. It also argues that central cases are used in more than one way. Section 3 presents criticisms of those concepts and methods, and suggests that some of these difficulties are due to the lack of a shared paradigm regarding a counterexample’s impact. Section 4 explains “metatheoretical” desiderata. It contends that, to date, legal philosophical appeals to such norms have not been as helpful as some suggest. Section 5 returns to the issue of concept selection by addressing whether legal theorising is an invariably “normative” enterprise. It argues that certain “normativist” methodologies, such as Dworkin’s constructive interpretation and Finnis’ appeal to the central case of the internal point of view, are unnecessary.

La enseñanza de la ética profesional a estudiantes de derecho: análisis de caso

2018 ◽  
pp. 145
Author(s):  
Juan Pablo Beca
Keyword(s):  
Professional Ethics ◽  
Ethics Education ◽  
Teaching Experience ◽  
Point Of View ◽  
Theory And Practice ◽  
Ethics Course ◽  
Approach Theory ◽  
Competency Based ◽  
Catholic Tradition ◽  
The Way

ResumenEl trabajo analiza el curso Ética Profesional en la carrera de Derecho en la Universidad Católica de Temuco. Examina la forma como se abordaba la ética profesional antes de la creación del curso, y lo que ha ocurrido con él a través de sucesivos cambios curriculares y la introducción del modelo por competencias. El curso aporta al sello identitario, mediante un enfoque multidisciplinario. El curso ha vinculado teoría y práctica, desde que comenzó a implementarse, hasta llegar actualmente a comprenderlo en la lógica de competencias. Esta mirada implica formar a los estudiantes para resolver dilemas éticos, lo que se hace mediante la metodología del ver–juzgar–actuar. Esta metodología de discernimiento es propia de la tradicióncatólica, pero se usa en este contexto sin un cariz religioso. El método en cuestión permite ir educando la autonomía a fn de tomar decisiones. Se analiza la importancia de contextualizar la enseñanza ética y la forma como esto se ha hecho en el curso. Finalmente se aborda la relevancia de formar la conciencia ética de los estudiantes.Palabras clave: Experiencia de enseñanza – Ética profesional –Método de discernimient.ResumoO artigo analisa o curso de Ética Profssional na Escola de Direito na Universidade Católica de Temuco. Examina a forma de como abordar a ética profssional antes da criação do curso, e o que tem acontecido com ele através de sucessivas mudanças curriculares e a introdução do modelo de competências. O curso aporta ao selo de identidade, através de uma abordagem multidisciplinar. O curso tem ligado teoria e prática, desde que começou a se programar até chegar atualmente a compreendê-lo na lógica de competência. Este olhar implica formar aos estudantes para resolver dilemas éticos, o que é feito pela metodologia do ver-julgar-agir. Este método de discernimento é próprio da tradição Católica, mas é usado neste contexto, sem um aspecto religioso. O método em questão permite ir educando na autonomia com a fnalidade de tomar decisões. Analisa-se a importância de contextualizar o ensino da ética e a forma como isso tem sido feito no curso. Finalmente se aborda a relevância de formar consciência ética dos estudantes.Palavras-chave: Experiência de ensino - Ética Profssional - Método de discernimento.AbstractThis paper analyses the Professional Ethics course at the School of Law of Universidad Católica de Temuco. It reviews the way in which ethics was addressed before the course was created, and what has happened with it through the subsequent curricular changes and the implementation of a competency based model. The course contributes to the seal of identity through a multidisciplinary approach. Theory and practice have been progressively bound together since the course was introduced, to reach a point, nowadays, in which the course is understood within the logic of competencies. This point of view implies educating students for solving ethical dilemmas, which is done through the see–judge–act methodology. This discernment methodology belongs to the Roman Catholic tradition, but is used in this context without its religious complexion. This method allows educating autonomy in order to make decisions. It also analyses the importance of contextualizing ethics education and the way in which this has been done in the course. Finally, it addresses the relevance ofcreating an ethical consciousness of the students.Keywords: Teaching experience – Professional Ethics – Discernment method

Changes in the Use of Drugs, Tobacco, and Alcohol among Norwegian Youth from 1968 – 1979

1980 ◽  
Vol 10 (4) ◽  
pp. 405-420 ◽  
Author(s):  
Olav Irgens-Jensen ◽  
Mons George Rud
Keyword(s):  
Alcohol Consumption ◽  
Young People ◽  
Policy Making ◽  
Point Of View ◽  
The Way

In order to provide information on the way in which use of drugs - and of alcohol and tobacco -among young people changes over a period of time, the Norwegian National Institute for Alcohol Research has each spring, since 1968, conducted a survey of the youth of Oslo to determine their use of these drugs. The results are of significance not only from a scientific point of view but also from the point of view of practical policy-making. For instance, since 1974 there does not seem to have been any increase in alcohol consumption among the youth of Oslo, a fact which may reflect the measures which were introduced at that time in order to curb alcohol consumption among young people in Norway.

Tort’s Indifference: Conformity, Compliance, and Civil Recourse

2020 ◽  
Vol 13 (1) ◽  
pp. 1-30
Author(s):  
Ahson Azmat
Keyword(s):  
Practical Reasoning ◽  
Tort Law ◽  
Point Of View ◽  
Reasons For Action ◽  
Internal Point ◽  
Loss Allocation ◽  
Fine Grained ◽  
Normative Force ◽  
Extensional Structure ◽  
Do So

AbstractLeading accounts of tort law split cleanly into two seams. Some trace its foundations to a deontic form of morality; others to an instrumental, policy-oriented system of efficient loss allocation. An increasingly prominent alternative to both seams, Civil Recourse Theory (CRT) resists this binary by arguing that tort comprises a basic legal category, and that its directives constitute reasons for action with robust normative force. Using the familiar question whether tort’s directives are guidance rules or liability rules as a lens, or prism, this essay shows how considerations of practical reasoning undermine one of CRT’s core commitments. If tort directives exert robust normative force, we must account for its grounds—for where it comes from, and why it obtains. CRT tries to do so by co-opting H.L.A. Hart’s notion of the internal point of view, but this leveraging strategy cannot succeed: while the internal point of view sees legal directives as guides to action, tort law merely demands conformity. To be guided by a directive is to comply with it, not conform to it, so tort’s structure blocks the shortcut to normativity CRT attempts to navigate. Given the fine-grained distinctions the theory makes, and with the connection between its claims and tort’s requirements thus severed, CRT faces a dilemma: it’s either unresponsive to tort’s normative grounds, or it’s inattentive to tort’s extensional structure.

scholarly journals How Reflective and Critical Norm-Usage Paves the Way to the Public Power of Judgement

2019 ◽  
Vol 33 (1) ◽  
pp. 175-188
Author(s):  
Karolina M. Cern
Keyword(s):  
Legal Reasoning ◽  
Public Power ◽  
The Public ◽  
Democratic Polity ◽  
Power Needs ◽  
The Way

Abstract The purpose of this paper is to demonstrate that Neil MacCormick’s conception of norm-usage makes it necessary to address the concept of the public power of judgement as the key concept for understanding the democratic legitimization of current law. Therefore, firstly I analyse MacCormick’s conception of norm-usage, secondly I demonstrate that it leads to the idea of the institutionalisation of judgemental–interpretative practice, and thirdly, I show that the latter paves the way to the public power of judgement. Finally, I argue that this power needs to be elaborated in terms of competencies which are broader than legal skills and legal reasoning, and, further, that these competencies condition the use of both legal skills and reasoning. Importantly, MacCormick’s contribution to understanding the public power of judgement—when further developed—may indicate the profound role of comprehending the proper significance of law in a democratic polity and its relationship to the citizenry.

scholarly journals Remix in the age of ubiquitous remix

2021 ◽  
pp. 135485652199445
Author(s):  
Abby S. Waysdorf
Keyword(s):  
Point Of View ◽  
Archival Material ◽  
History Of ◽  
Accepted Part ◽  
The Media ◽  
Contemporary Media ◽  
The Aesthetic ◽  
The Way

What is remix today? No longer a controversy, no longer a buzzword, remix is both everywhere and nowhere in contemporary media. This article examines this situation, looking at what remix now means when it is, for the most part, just an accepted part of the media landscape. I argue that remix should be looked at from an ethnographic point of view, focused on how and why remixes are used. To that end, this article identifies three ways of conceptualizing remix, based on intention rather than content: the aesthetic, communicative, and conceptual forms. It explores the history of (talking about) remix, looking at the tension between seeing remix as a form of art and remix as a mode of ‘talking back’ to the media, and how those tensions can be resolved in looking at the different ways remix originated. Finally, it addresses what ubiquitous remix might mean for the way we think about archival material, and the challenges this brings for archives themselves. In this way, this article updates the study of remix for a time when remix is everywhere.

Il ruolo della teoria nella positivizzazione dei diritti umani: attualitŕ e limiti della proposta di Norberto Bobbio

2009 ◽  
pp. 475-484
Author(s):  
Elena Pariotti
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
Internal Point ◽  
Legal Form ◽  
Precise Content

The paper focuses on Bobbio's argument against the possibility and the usefullness of human rights foundation/justification. This argument is criticized from both an external and the internal point of view. First, the Author questions the identification between finding a conclusive foundation for human rights and justifying human rights, since it causes a complete deny of the role of theory in understanding human rights as well as in giving them a precise content and a legal form. Then the Author argues that (i) justification of rights is implied by their judicial application and evolution; (ii) some important points in Bobbio's thought the meaning attached to crucial notion, such as equality and liberty, the link between rights, peace and democracy need the importance of theory is defended.

“La Polimigra”

2018 ◽  
Vol 42 (3) ◽  
pp. 344-366 ◽  
Author(s):  
Juan José Bustamante ◽  
Eric Gamino
Keyword(s):  
Police Officers ◽  
Legal Status ◽  
Migration Policy ◽  
Point Of View ◽  
Legal Violence ◽  
Local Police ◽  
Northwest Arkansas ◽  
Police Practices ◽  
The Way

This article examines the use of a presumption of illegality by local police officers to enforce a deportation regime in the Northwest Arkansas region. We employed an integrated racialized legal violence model to understand the way officers and immigration authorities collaborate to screen immigrants’ legal status for deportation purposes. Rather than focusing on how collaborations operate from an institutional point of view, the article provided a detailed and rich experiential description of participants’ realities shaped by the interplay of migration policy and local police practices. We concluded that the screening tactics used by local police in the cases considered in this article reflect a form of racialized legal violence intended to enforce a deportation regime against unauthorized people of Latino origin from this Arkansas area.

The effect of colour in television commercials on the comprehension and memory of the child

1987 ◽  
Vol 13 (1) ◽  
Author(s):  
L. P. Pretorius ◽  
C. J. H. Blignaut
Keyword(s):  
Point Of View ◽  
Television Commercials ◽  
Comprehension Process ◽  
Positive Effect ◽  
The Way

From a perceptual point of view it is not clear whether, and under what conditions, the presence of colour in television commercials aids the processing of information. In this study it was argued that the way in which colour is used, would have an effect on the comprehension and memory of children regarding television commercials. It was found that colour, when used in a "concrete" fashion, aids the comprehension process. The results of the study also show that the "concrete" as well as the "symbolic" use of colour have a positive effect on the memory of children for the content of television commercials. Opsomming Vanuit 'n perseptuele benadering is dit nie duidelik of, en onder watter omstandighede, die teenwoordigheid van kleur in televisie advertensies die prosessering van inligting positief bei'nvloed nie. In hierdie studie is daar van die standpunt uitgegaan dat die wyse van kleurgebruik 'n effek sal he op die begrip en geheue van kinders ten aansien van televisie advertensies. Daar is gevind dat kleur, wat op 'n "konkrete" manier gebruik word, die begripsproses bevorder. Die resultate van die studie toon ook dat sowel die "konkrete" as "simboliese" gebruik van kleur 'n positiewe effek op die geheue van kinders ten opsigte van televisie advertensie inhoud het.

Touching Photographs: Roland Barthes's ''Mistaken'' Identification

2002 ◽  
Vol 80 (1) ◽  
pp. 99-118 ◽  
Author(s):  
Margaret Olin
Keyword(s):  
Emotional Response ◽  
Point Of View ◽  
Small Child ◽  
Camera Lucida ◽  
Close Analysis ◽  
Intimate Relation ◽  
The Subject ◽  
Mistaken Identification ◽  
The Way

IN CAMERA LUCIDA, ROLAND BARTHES'S subject is the significance of photography's defining characteristic: the photograph's inseparable relation to its subject, that which ''must have been'' in front of the camera's lens. Or so it would seem. The present reading of Camera Lucida argues that Barthes's essay actually shows photography's nature as dependent not only on the intimate relation to its object, commonly termed ''indexical,'' but in accord with its relation to its user, its beholder. An examination of Barthes's encounters with photographs in Camera Lucida reveals the way in which identification and misidentification figure into the viewing of images, and suggests that contact between the beholder and the photograph actually eclipses the relation between the photograph and its subject. Barthes's focus on the emotional response of the viewer disguises the fact that he misidentified key details in Camera Lucida's photographs, most significantly in a 1927 portrait by James Van Der Zee and in the ''Winter Garden Photograph.'' This latter photograph of Barthes's recently deceased mother as a small child is famously not illustrated in the book. This essay argues that it is fictional. These ''mistakes'' suggest that Camera Lucida undermines its ostensible basis in indexicality. The subject did not have to be in front of the camera after all. The present rereading of the text from this point of view articulates a notion of performativity according to which the nature of the contact that exists between the image and the viewer informs the way an image is understood. Barthes's desire to find his mother again through her photograph to a large extent acts out his desire to re(per)form and make permanent his relation to her, a desire that he elucidates in the process of describing his search for her picture and his reaction to it when he finds it. This performative element is charged with identification; the person the narrator (Barthes) seeks, in his mother, is himself. A close analysis of the ''Winter Garden Photograph,'' as described by Barthes, shows how performances of identification are inscribed with gender and familial configurations.

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