scholarly journals The Logos of law: Parmenides - Hegel - Dostoevsky. On the Speculative and Logical Foundations of the Metaphysics of Law

2021 ◽  
Author(s):  
S.I. Zakhatsev ◽  
D.V. Maslennikov ◽  
V.P. Salnikov

The monograph studies the relation between the "first philosophy" as the doctrine about the unity of thinking and existence, on one hand, and the philosophy of law as a specialised philosophical science, on the other. This paper explores the methodological and general theoretical foundations for the interpreting of the classical philosophy of law, the problems of monism and dualism in the justification of the theory of law, the relations between law and morality, law and religion, and the Absolute in law. The notion of absolute freedom as a paradigm of the classical German philosophical and legal school of thought is considered herein. It is demonstrated that in the classical philosophy of law as presented by Kant, Fichte and Hegel, this foundation is used to overcome both the paradigm of substantive natural law and the paradigm of the social contract, which remains dominant to this day. The target audience of this monograph includes researchers specialising in the history of philosophy and theory of law, legal experts, instructors, postgraduate students as well as anyone who is interested in the philosophy of law.

Author(s):  
Maja Soboleva

AbstractThis paper seeks to reconstruct philosopher Aleksandr Bogdanov’s approach to the philosophy of Spinoza in the context of the debate against Plekhanov. I demonstrate that the Soviet interest in Spinoza’s theory has never been purely historical, but rather, it served an important function in developing the theoretical foundations for Marxist philosophy. However, Bogdanov was one of only a very few who objected strongly to Plekhanov’s attempt to relate Spinoza’s philosophy to Marxism in a direct way. Two principles underlie Bogdanov’s critique: one being methodological, the other—systematic. The methodological principle has a hermeneutical character, since it demands that we treat historical concepts by taking into account their context and their changes during the time. According to Bogdanov, failing to fulfil this principle results in the dogmatization and instrumentalization of philosophy, and transforms it into political doctrine. The systematic principle concerns Bogdanov’s radical rethinking of the relationship between extension and thought. I argue that by rethinking Spinoza’s concepts in the framework of “ideo-empirical parallelism”, Bogdanov develops his own theory of cognition, which he called “empiriomonism”. When considered in historical context, I argue that these debates can serve as a window into the foundational role the Spinoza’s philosophy has played in the formation of different versions of Russian Marxism, as well as in the development of Russian Marxism in general.


Antiquity ◽  
1931 ◽  
Vol 5 (19) ◽  
pp. 277-290
Author(s):  
Flinders Petrie

When we look at the great diversity of man’s activities and interests, it is evident how much space they afford for reviewing his history in many different ways. To most of our historians the view of the political power and course of legislation has seemed all that need be noticed; others have dealt with history in religion, or the growth of mind in changes of moral standards, as in Lecky’s fine work. In recent years the history of knowledge in medicine, in the applied sciences, and in abstract mathematics, has been profitably studied, as affording the basis of civilization. The purely mental view is shown in the social life and customs of each age, and expressed in the growth of Art. This last expression of man’s spirit has great advantages in its presentation; the material from different ages is of a comparable nature, and it is easily placed together to contrast its differences. Moreover it covers a wider range of time than we can et observe in man’s scope, but it is as essential to his nature as any of the other aspects that we have named.


1909 ◽  
Vol 2 (3) ◽  
pp. 310-322
Author(s):  
Edward S. Drown

There have been times in the history of architecture when style was inevitable. In the classic period of Greece or in the Gothic period of northern Europe no architect raised the question as to the style in which he should construct a building. That was decreed for him. And we shall perhaps not go astray if we suggest that the inevitableness of that decree was determined by two factors. One was the purpose to be served by the building, the other was the control over the materials. The one factor determined the contents, the other the form in which those contents were to be expressed. The contents depended on the social and spiritual ideals of the time. The form depended on the nature of the building material and on the mechanical ability to use it.


1974 ◽  
Vol 16 (1) ◽  
pp. 15-38 ◽  
Author(s):  
David Nicholls

One of the striking facts about the social and political history of Haiti from independence in 1804 to the present is the deep gulf separating the largely mulatto elite groups from the predominantly black masses. The war of the South in 1799 between Toussaint and Rigaud, and the conflicts between Christophe and Pétion, while not primarily caused by color factors, were reinforced by suspicions and hostilities between black and mulatto, with each group accusing the other of prejudice and discrimination. Politics in the rest of the nineteenth century can generally be seen as a tussle between a mulatto elite centered in the capital and in the cities of the South, on the one hand, and a small black elite often in alliance with army leaders and peasant irregulars, on the other. In the years following 1867 these groups formalized themselves into a largely mulatto Liberal Party, and a preponderantly black National Party.


2010 ◽  
Vol 51 (3) ◽  
pp. 403-427 ◽  
Author(s):  
Stephen P. Turner

ObjectivityandThere is No Such Thingas a Social Science make an odd pair: one is a substantive historical discussion of a philosophical concept central to philosophy and to scientific practice and debate which provides an explanation of the history of the development and changes in the concept; the other is a defense of a philosophical position which in effect denies that any such explanation is possible, and attacks “the craving for explanation” as a philosophical disease whose major symptom is social science itself. Galison and Daston, the authors of Objectivity, are historians of science whose approach is connected to the “social study of science” without explicitly adopting any of its methodological theses. But in taking on the concept of objectivity they go to the philosophical heart of the scientific enterprise itself.


2015 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Vojin Nedeljković

The author examines the scope and interrelation of two traditional notions concerning non-literary Latin: sermo uulgaris, or plebeius, and sermo familiaris, or cotidianus. While these are really disparate terms, the one designating a sociolect and the other a language register, the author maintains that the old confusion between Colloquial and Vulgar Latin is not merely due to flawed reasoning within an insufficient model of linguistic variation, but rather reflects a fundamental development that took place in the social history of Latin.


1960 ◽  
Vol 1 (2) ◽  
pp. 257-270 ◽  
Author(s):  
J. Vansina

A Cluster of some eighteen small tribes, numbering in all some 70,000 people, which lives on the rolling heights between the rivers Kasai, Sankuru and Lulua in the Kasai province of the Congo, are called Kuba by their neighbours. They form a kingdom which is in fact a federation of tribes, dominated by a central group, the Bushoong, whose chief is king of the whole congeries. This federation was imposed by the Bushoong upon the other tribes by conquest or threat of arms during the course of the three last centuries. As with all conquest states of which this one, although a federation, is typical, the different tribes controlled do not all have the same culture. One group, comprising the central tribes, is similar in culture and language. It includes the Bushoong, Ngeende, Pyaang, Byeeng, and Bulaang tribes. Other tribes are culturally akin to this group. Still other tribes belong to the Lulua-Luba Kasai cluster. Among these the patrilineal Coofa and the matrilineal Kete may be mentioned. Finally, other tribes like the Ngoombe or Mbeengi participate in the general type of Mongo cultures. The social structure of all the Kuba tribes with the exception of Coofa and Mbeengi is matrilineal. They are grouped in matrilineal clans, which are divided in small autonomous residential lineages, which can be called clan-sections. Clan-sections of different clans make up a village. The village is ruled by a set of dignitaries and a general council composed of the clan-section heads. The tribes of the central group and the ones who are culturally akin to it group several villages in chiefdoms which are ruled by chiefs assisted by councils. In these tribes, with the exception of the Bushoong, different chiefdoms are united loosely on a tribal scale. The Bushoong, who are the most numerous, are constituted in one chiefdom only. The religion of all the tribes of this cluster is very similar. Ancestor worship is practically absent. There are beliefs in a Supreme Being, in nature spirits, and in spirits or forces which control charms. Furthermore, mention must be made for the whole congeries of tribes of a flourishing art, especially decorative art, which is expressed in weaving, matting, woodcarving, ironworking and even architecture.


2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.


2017 ◽  
Vol 109 (2) ◽  
pp. 167-183
Author(s):  
Roberta M. Styran ◽  
Robert R. Taylor

The technological history of the building of the Welland ship canal (1913-1932) is well recorded with photographs, documents, maps and plans in various archives. On the other hand, the social history of this saga is harder for the reader to discover because the engineers, contractors, and labourers have left little trace of their experiences “on the ground.” Fortunately, a diary kept by the engineer in charge, Alexander J. Grant, has come to life. Covering the longest period of construction, it chronicles the day-to-day problems of a hard-working, intelligent professional -- but also offers glimpses into the emotional and social life of the man. It will be a valuable source for a future biographer of this remarkable engineer.


Author(s):  
Jerzy Leszczyński

This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favour of one or the other. Indeed, moral substance of law make references to morality not only possible but necessary. The limit for those references is established by the principle of equality before the law. Moreover, an internal diversification of morality is analyzed. Some part of it needs to be secured by law, which in itself does not harm the social or individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. This idea, approached from a legal point of view, leads to the formulation of what seems the best-founded proposal: particular and cooperative morality.


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