Law’s function, descriptive conceptual analysis, and legal positivism

Revus ◽  
2021 ◽  
Author(s):  
Pablo A. Rapetti
Keyword(s):  
Conceptual Analysis ◽  
Legal Positivism

scholarly journals Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism

2021 ◽  
Vol 6 (4) ◽  
pp. 110-118
Author(s):  
V. V. Ogleznev ◽  
Keyword(s):  
Conceptual Analysis ◽  
Legal Theory ◽  
Methodological Approach ◽  
Legal Positivism ◽  
Legal Scholar ◽  
Theoretical Contribution ◽  
Current State ◽  
Qualitative Level ◽  
Law And Morality ◽  
Legal Concepts

This article is an introduction to a very original legal theory developed by a contemporary American legal scholar Kenneth Einar Himma. His theory can be conditionally called as Metaphysical Conceptualism, this fully corresponds to both his methodological approach (conceptual analysis and metaphysics of the properties of legal concepts) and the claims he defends. The analysis proposed by Himma made a great theoretical contribution to the discussion of the intersection of morality and law and brought the discussion between inclusive and exclusive legal positivism to a new qualitative level. And although his theory is not without flaws, it is certainly of serious scientific interest for understanding the current state of discussions about law and morality.

Ecological Limits and the Meaning of Freedom: A Defense of Liberty as Non-Domination

2017 ◽  
Vol 3 (3) ◽  
pp. 33-49 ◽  
Author(s):  
Augustin Fragnière
Keyword(s):  
Conceptual Analysis ◽  
Environmental Policies ◽  
Environmental Constraints ◽  
Political Arena ◽  
Individual Liberty ◽  
Philosophical Debate ◽  
Political Issues ◽  
Global Environmental Problems ◽  
Global Environmental ◽  
Two Alternatives

It is now widely acknowledged that global environmental problems raise pressing social and political issues, but relatively little philosophical attention has been paid to their bearing on the concept of liberty. This must surprise us, because the question of whether environmental policies are at odds with individual liberty is bound to be controversial in the political arena. First, this article explains why a thorough philosophical debate about the relation between liberty and environmental constraints is needed. Second, based on Philip Pettit’s typology of liberty, it assesses how different conceptions of liberty fare in a context of stringent ecological limits. Indeed, a simple conceptual analysis shows that some conceptions of liberty are more compatible than others with such limits, and with the policies necessary to avoid overshooting them. The article concludes that Pettit’s conception of liberty as non-domination is more compatible with the existence of stringent ecological limits than the two alternatives considered.

A Conceptual Analysis of the Accident Phenomenon

1960 ◽  
Vol 8 (3) ◽  
pp. 241-253 ◽  
Author(s):  
Edward A. Suchman
Keyword(s):  
Conceptual Analysis

LITERARY ROMANTICISM AS A THEORETICAL ISSUE

2020 ◽  
pp. 19-27
Author(s):  
Vera V. Serdechnaia ◽  
Keyword(s):  
20Th Century ◽  
Conceptual Analysis ◽  
18Th Century ◽  
Theoretical Concept ◽  
Historical Research ◽  
Theoretical Issue ◽  
Main Research ◽  
Literary Process ◽  
History Of ◽  
The Subject

The article is devoted to the analysis of the concept of literary romanticism. The research aims at a refinement of the “romanticism” concept in relation to the history of the literary process. The main research methods include conceptual analysis, textual analysis, comparative historical research. The author analyzes the semantic genesis of the term “romanticism”, various interpretations of the concept, compares the definitions of different periods and cultures. The main results of the study are as follows. The history of the term “romanticism” shows a change in a number of definitions for the same concept in relation to the same literary phenomena. By the end of the 20th century, realizing the existence of significant contradictions in the content of the term “romanticism”, researchers often come to abandon it. At the same time, the steady use of the term “romanticism” testifies to the subject-conceptual component that exists in it, which does not lose its relevance, but just needs a theoretical refinement. Conclusion: one have to revise an approach to romanticism as a theoretical concept, based on the change in the concept of an individual in Europe at the end of the 18th century. It is the newly discovered freedom of an individual predetermines the rethinking for the image of the author as a creator and determines the artistic features of literary romanticism.

Lexical Structure of the Poetic Text as a Key to the Comprehension of Its Inherent Values

2019 ◽  
Vol 80 (1) ◽  
pp. 20-25
Author(s):  
Nina S. Bolotnova
Keyword(s):  
Conceptual Analysis ◽  
Sequential Analysis ◽  
Literary Text ◽  
Russian Language ◽  
Lexical Structure ◽  
Poetic Text ◽  
Approach To Teaching ◽  
Poetic Texts ◽  
The Russian Language

This article is aimed at presenting a methodology for the conceptual analysis of poetic texts based on their lexical structure using the theory of communicative stylistics. The lexical structure of the literary text is considered to be a means of aсquainting the reader with the values manifested therein. The study of values intertwined within written works is particularly significant for the development of an axiological approach to teaching the Russian language. This article proposes a method for a sequential analysis of the lexical structure of a poetic text, which can be used at Russian language lessons.

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