Philosophy of law

2021 ◽  
Author(s):  
Gennadiy Pracko

This textbook is devoted to the consideration of the philosophy of law as a scientific and academic discipline. The author, presenting the material of the textbook on the generalization of the concepts of philosophy of law, cultivated by modern research, offers its own approach to considering a number of its problems, which are debatable and have not yet found a generally accepted solution. Among them are problems the subject of philosophy of law and its methodology, the essence of law and modern approaches to legal thinking, the relationship between law, power and justice. This explains the conceptual differences in the presentation of the history of philosophy of law, presented in the tutorial. Recommended for students, undergraduates, graduate students, teachers and research associates of legal and philosophical faculties of universities.

Author(s):  
Hans-Johann Glock

This chapter discusses the relationship between substantive philosophy and the history of philosophy, using the debate about analytic philosophy’s attitude towards the history of the subject as a guide to a more general assessment of historicism. While studying the past is not essential to substantive philosophy, it is useful. But it also harbours risks, as pointed out by thinkers as diverse as Kant, Schopenhauer, Nietzsche and Wittgenstein. These risks are discussed by looking at four recent historicist trends within analytic philosophy: precursorism, the general ‘reflective turn’ towards the history of philosophy, the more specific ‘historical turn’ towards the history of analytic philosophy, and the self-reflective concern with the historiography of analytic philosophy. The chatper conclude that the benefits of doing philosophy historically outweigh the drawbacks; in any event, even if the history of philosophy were irrelevant to substantive philosophy it would still be a respectable discipline.


Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.


2017 ◽  
Vol 10 (3) ◽  
pp. 1
Author(s):  
Khalil Sardarnia ◽  
Yalda Bahrampour

With the expansion of Islamism, a wave of Islam phobia was launched by western Orientalists and intensified subsequent to September 11 Attacks. Theoretically, the subject of adaptation and compatibility or contrast between Islam and democracy has drawn the attention of academic circles. Using a comparative and analytical research procedure, the current article seeks to provide an answer to this question: In the area of Adaptation and Contrast Theories, what is the nature of the relationship between Islam and democracy? The research’s hypothesis is that: from Contrast perspective, adaptation between democracy and Islam is not possible due to ontological and epistemological differences. In contrast, given the existing rational and democratic potentials within the framework of genuine Islamic fundamentals, democratic empirical examples such as democratic attitudes and demands in Islam world and democratic governance in the Middle East countries and Islam world, adaptation oriented parties believe in the existence of contextualized democracy within the framework of Islam. Using a critical reappraisal, it must be noted that, in spite of some deficits, Adaptation is more tenable, while Contrast and Essentialism are not sufficiently tenable due to some causes including failure to make a distinction between Islam’s basic fundamentals and history of Islam, the performance of authoritarian regimes and radical Islamists, universalization of liberal-secular democracy discourse and its combination with western ethnic chauvinism and propaganda of Islam phobia and defamation to Islam.


2012 ◽  
Vol 23 (3) ◽  
pp. 199-217
Author(s):  
Vanja Radakovic

In the history of philosophy, Jean-Jacques Rousseau is mainly considered as an atypical philosopher of the Enlightenment, as a pioneer of the revolutionary idea of a free civilian state and natural law; in literary history, he is considered the forerunner of Romanticism, the writer who perfected the form of an epistolary novel, as well as a sentimentalist. However, this paper focuses on the biographical approach, which was mostly excluded in observation of those works revealing Rousseau as the originator of the autobiographical novelistic genre. The subject of this paper is the issue of credibility of self-portraits, and through this problem it highlights the facts from the author?s life. This paper relies on a biographical approach, not in the positivistic sense but in the phenomenological key. This paper is mainly inspired by the works of the Geneva School theorists - Starobinski, Poulet and Rousset.


PhaenEx ◽  
2011 ◽  
Vol 6 (1) ◽  
pp. 121
Author(s):  
NANDITA BISWAS MELLAMPHY

In 1971, Wolfgang Müller-Lauter introduced his study of Nietzsche as an investigation into the history of modern nihilism in which “contradiction” forms the central thread of the argument. For Müller-Lauter, the interpretive task is not to demonstrate the overall coherence or incoherence of Nietzsche’s philosophy, but to examine Nietzsche’s “philosophy of contradiction.” Against those such as Karl Jaspers, Karl Löwith and Martin Heidegger, Müller-Lauter argued that contradiction is the foundation of Nietzsche’s thought, and not a problem to be corrected or cast aside for exegetical or political purposes. For Müller-Lauter, contradiction qua incompatibility (not just mere opposition) holds a key to Nietzsche’s affective vision of philosophy. Beginning with the relationship between will to power and eternal recurrence, in this paper I examine aspects of Müller-Lauter’s account of Nietzsche’s philosophy of contradiction specifically in relation to the counter-interpretations offered by two other German commentators of Nietzsche, Leo Strauss and Karl Löwith, in order to confirm Müller-Lauter’s suggestion that contradiction is indeed an operative engine of Nietzsche’s thought. Indeed contradiction is a key Nietzschean theme and an important dynamic of becoming which enables the subject to be revealed as a “multiplicity” (BGE §12) and as a “fiction” (KSA 12:9[91]). Following Müller-Lauter’s assertion that for Nietzsche the problem of nihilism is fundamentally synonymous with the struggle of contradiction experienced by will to power, this paper interprets Nietzsche’s philosophy of contradiction in terms of subjective, bodily life (rather than in terms of logical incoherences or ontological inconsistencies). Against the backdrop of nihilism, the “self” (and its related place holder the “subject”), I will argue, becomes the psycho-physiological battlespace for the struggle and articulation of “contradiction” in Nietzsche’s thought.  


2021 ◽  
pp. 150-165
Author(s):  
Yuriy Kimelev ◽  

History of European metaphysics is an object of intensive study in history of philosophy as academic discipline. Reconstructions of history European metaphysics as a whole are the most important form of philosophical historiography in author’s view. The article analyzes some of the reconstructions of the kind.


2021 ◽  
Vol 121 (1) ◽  
pp. 175-194
Author(s):  
Andonis Piperoglou

The relationship between migration and Australian capitalism has long been a topic of robust scholarly debate in sociology and economics. Researchers in those fields have highlighted how migration has left an indelible imprint on Australian capitalism. By contrast, Australian migration histories have given scant attention to the role ethnic groups played in Australian capitalism. This lack of attention is particularly curious in historical studies of Greek Australia given the significance of small business in facilitating migration and settlement. From Federation onwards, Greek ethnic capitalism - or, more precisely, the relations between Greek migrant labourers and their petite bourgeoisie employers - became a topic of media coverage. In fact, the relations between Greek workers and employers were so important that newspapers routinely reported on the subject. This article examines this media coverage, its racialist and criminalising connotations, and historical relevance. It concludes with some observations on how histories of capitalism can productively engage with the histories of ethnicisation.


1903 ◽  
Vol 3 (7-8) ◽  
pp. 380-391
Author(s):  
V. L. Borman

It is accepted and consecrated by custom that every university lecturer who joins the honorary faculty should begin to read his or her lectures with an introductory speech on the subject or the history of the subject to be taught in the following presentation, or the lecturer should develop his or her views before the students on the subject that is relevant to the course; finally, it may serve as a no less interesting topic for the introductory lecture and the outline of the instructional plan with the motivation of its individual points.I currently intend to develop my views on the relationship of surgery to certain areas of internal medicine and talk about the importance of surgical diagnostics for the practitioner.


Author(s):  
Айгүл Турсунова

Баарыбызга маалым болгондой аркылуу мамиле этишке мүнөздүү категория. Мамиле категорияларынын эӊ негизги өзгөчөлүгү - кыймыл-аракеттин субъектиси менен объектисинин ортосундагы мамиле, б.а. сүйлөмдө ээлик милдет аткарган сөздүн же кыймыл-аракеттин чыныгы аткаруучусунун субъект же объект экендигин аныктайт. Алардын ичинен аркылуу мамиле кыймыл-аракеттин башка бирөө тарабынан иштелгенин билдирет. Биз бул эмгегибизде кыргыз тилиндеги мамиле категорияларынан - аркылуу мамилени тарыхый жана маанилик жактан анализдемекчибиз. Маанилерди аныктоодо бул мамиленин байыркы Көктүркчөдөн азыркы убакка чейинки басып өткөн жолу талданып, кандай лигвистикалык методдор менен түзүлөрүнө да кеӊири токтолдук. Макалабызда кыргыз тили менен түрк тили негизге алынды. Категория залога - есть необходимая категория языковой мысли, присущая общению. Важнейшей особенностью категорий залога является отношение между субъектом и объектом действия. В предложении данная категория определяет, является ли реальный исполнитель слова или действия, выполняющий функцию, субъектом или объектом, и означает ли что действие было разработано кем-то другим. В этой статье мы проанализируем категорию залога с исторической и семантической точек зрения в кыргызском языке. Определяя значения, мы будем анализировать историю этих залогов от древнего Коктюрского времени до наших дней и подробно обсуждать лингвистические методы, с помощью которых они сформированы. Наша статья основана на материале кыргызского и турецкого языков. The collateral category is a necessary category of linguistic thought inherent in communication. The most important feature of the categories of collateral is the relationship between the subject and the object of the action. In a sentence, this category determines whether the real performer of a word or action performing a function is a subject or an object, and means that the action was designed by someone else. In this article, we will analyze the category of collateral from a historical and semantic point of view in the Kyrgyz language. By defining the meanings, we will analyze the history of these pledges from ancient Cocturian times to the present day and discuss in detail the linguistic methods by which they were formed. Our article is based on the material of the Kyrgyz and Turkish languages.


2011 ◽  
Vol 45 (2/3) ◽  
Author(s):  
J.A. Du Rand

How can God allow it? A bibliological enrichment of the theodicy issue from a comparison between the Book of Revelation and 4 EzraIn the process of understanding and defining the relationship between God and man, the theodicy issue frequently floats to the surface. A long strand in the history of philosophy and theology has addressed itself to the task of reconciling God’s omnipotence and benevolence with human suffering and the existence of evil. Some of the philosophical and theological views are represented in this article. According to reformed scholarly presentation, theodicy should seriously take into account the soteriological and eschatological hermeneutical views. This is confirmed by the Old Testament, intertestamental literature and the New Testament. The purpose of this article is to draw attention to the apocryphal 4 Ezra which puts surprising views about theodicy on the table.


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