This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

This article deals with the relation between a theory of law and a theory of legal reasoning. Starting from a close reading of Chapter VII of H. L. A. Hart's The Concept of Law, it claims that a theory of law like Hart's requires a particular theory of legal reasoning, or at least a theory of legal reasoning with some particular characteristics. It then goes on to say that any theory of legal reasoning that satisfies those requirements is highly implausible, (...) and tries to show that this is the reason why not only Hart, but also writers like Neil MacCormick and Joseph Raz have failed to offer a theory of legal reasoning that is compatible with legal positivism as a theory of law. They have faced a choice between an explanation of legal reasoning that is incompatible with the core of legal positivism or else strangely sceptical, insofar as it severs the link between general rules and particular decisions that purport to apply them. (shrink)

Classification of sciences; Moslem scholars; Africa, North.

This article discusses the concept of constituent power and its application to the situation in Chile after the 18th October 2019. In particular, it discusses the relation between constituted and constituent powers, with a view to understanding the significance of the 15 November Agreement that opened the way for the ongoing constituent process.

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is (...) applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed “images of law.” Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law. (shrink)

In Practicing Safe Sects F. LeRon Shults provides scientific and philosophical resources for having “the talk” about religious reproduction: where do gods come from – and what are the costs of bearing them in our culturally pluralistic, ecologically fragile environment?

Ethics for Enemies comprises three original philosophical essays on torture, terrorism, and war. F. M. Kamm deploys ethical theory in her challenging new treatments of these most controversial practical issues. First she considers the nature of torture and the various occasions on which it could occur, in order to determine why it might be wrong to torture a wrongdoer held captive, even if this were necessary to save his victims. In the second essay she considers what makes terrorism wrong--whether it (...) is the intention to harm civilians, rather than harm to them being 'collateral damage,' or something else--and whether terrorism is always wrong. The third essay discusses whether having a right reason, in the sense of a right intention, is necessary in order for a war to be just. Kamm then examines ways in which the harms of war can be proportional to the achievement of the just cause and other goods that war can bring about, so as to make the declaration of war permissible. (shrink)

A new English translation of Schelling’s unfinished magnum opus, complete with a contextualizing introduction by the translator.

"16 'On Justification and Interpretation', ARSP-Beiheft, 53, pp. 255-68." -- "17 'Authority Reasons in Legal Interpretation and Moral Reasoning', ARSP Supplementa (III), pp. 144-52." -- "18 'Two Types of Substantive Reasons: The Core of a Theory of Common-Law Justification', Cornell Law Review, 63, pp. 707-88." -- "19 'Reasonableness and Objectivity', Notre Dame Law Review, 74, pp. 1575-603.

First published in 1818, The World as Will and Representation contains Schopenhauer's entire philosophy, ranging through epistemology, metaphysics, philosophy of mind and action, aesthetics and philosophy of art, to ethics, the meaning of life and the philosophy of religion, in an attempt to account for the world in all its significant aspects. It gives a unique and influential account of what is and is not of value in existence, the striving and pain of the human condition and the possibility of (...) deliverance from it. This new translation of the first volume of what later became a two-volume work reflects the eloquence and power of Schopenhauer's prose and renders philosophical terms accurately and consistently. It offers an introduction, glossary of names and bibliography, and succinct editorial notes, including notes on the revisions of the text which Schopenhauer made in 1844 and 1859. (shrink)

Part novella, part philosophy, Clara was Schelling's most popular work during his lifetime, and appears here in English for the first time.

Portraits of Wittgenstein is a major collection of memoirs and reflections on one of the most influential and yet elusive personalities in the history of modern philosophy, Ludwig Wittgenstein. Featuring a wealth of illuminating and profound insights into Wittgenstein's extraordinary life, this unique collection reveals Wittgenstein's character and power of personality more vividly and comprehensively than ever before. With portraits from more than seventy-five figures, Portraits of Wittgenstein brings together the personal recollections of philosophers, students, friends and acquaintances, including Bertrand (...) Russell, G. E. Moore, F. R. Leavis, A. J. Ayer, Karl Popper, Friedrich von Hayek, G. H. von Wright, Rush Rhees, Freeman Dyson, G. E. M. Anscombe, Iris Murdoch, Mary Midgley and Mary Warnock. These authors testify to the life-long influence Wittgenstein had on the lives of those he met. Their fascinating memoirs, reflections and commentaries, often at odds with each other, reveal Wittgenstein's kindness, and how much genuine friendship meant to him, as well as his suffering and despair. They show too how the philosopher's ruthless honesty and uncompromising integrity often resulted in stern advice and harsh rebukes to friends and foes alike. Now available in a single, revised and updated volume, Portraits of Wittgenstein includes new selections, revised contributions, photographs, maps and introductory overviews that provide historical context to Wittgenstein's relationships with his intellectual and social circle. This collection of valuable and hard-to-find material is an indispensable resource for scholars and students of the life and work of Ludwig Wittgenstein. (shrink)

Альтернативные определения, излагаемые в книге, реализуют возможности продуктивного мышления, являются источником смысла творческих исканий. Для студентов, преподавателей вузов и всех тех, кто интересуется человекознанием.

Globalization; Islamic countries; Arab countries.

Summary: A review of the cognitivist/extended cognition and extended mind landscape.

Preface -- Prolegomenon : Hayek's three unsettling theses -- Beyond human nature -- Beyond moral justification -- Beyond human governance -- Three enquiries on the open society -- The rise of a normative species -- A natural history of moral order -- The "starting point" -- The egalitarian revolution -- Self-interest, reciprocity and altruism -- Internalized, enforced, social rules -- The other side of morality -- Cultural evolution -- Part I : the rise and fall of inequality -- A complex (...) moral species -- The diversity and self-organized complexity -- Liberalism and the open society -- Understanding diversity -- Autocatalytic diversity -- Diversity and complexity -- Too much complexity? -- The morality of self-organization -- The social contract -- A self-organization model -- Moral diversity In the open society -- Part II: the complexities of self-governance -- Self-governance -- Macro control -- Macro structure -- Strategic dilemmas and polycentricity -- Meso-level goal pursuit -- Sectoral policy -- Self-governance from the bottom-up : simplifying the problems of governance -- Our moral nature and governance in the open society -- Liberal democracy -- Epilogue -- Appendix A -- Appendix B. (shrink)

Schelling's 1806 polemic against Fichte, and his last major work on the philosophy of nature. The heat of anger can concentrate the mind. Convinced that he had been betrayed by his former collaborator and colleague, Schelling attempts in this polemic to reach a final reckoning with Fichte. Employing the format of a book review, Schelling directs withering scorn at three of Fichte’s recent publications, at one point likening them to the hell, purgatory, and would-be paradise of Fichtean philosophy. The central (...) bone of contention is the understanding of nature: Fichte sees it as lifeless matter in motion, sheer opposition to be overcome, while Schelling waxes poetic in his defense of a living, organic nature of which humanity is a vital part. Indeed, we do not know ourselves without understanding our connection to nature, argues Schelling, anticipating many thinkers in contemporary environmental ethics. Dale E. Snow’s introduction sets the stage and explains the larger context of the conflict, which was already visible in the correspondence of the two philosophers, which broke off by 1802. Notes are included throughout the text, providing background information and identifying the many references to Fichte. Dale E. Snow is Associate Professor of Philosophy at Loyola University of Maryland and the author of Schelling and the End of Idealism, also published by SUNY Press. (shrink)

Bredo C. Johnsen: Observation: What Quine calls observation sentences lie at the heart of his reflections on observation and its roles in prompting our theorizing, providing evidence for our theories, and serving as the test of those theories' truth. The first four sections of this chapter – “Observation sentences,” “The two types of observation sentence,” “Introspection,” and “Roles of experience” – are devoted to expounding and clarifying his fundamental conception of these sentences, showing that he recognized both objective and subjective (...) observation sentences, that correlatively he gives introspection an important place in our cognitive lives, and, in particular, that he assigns our introspective knowledge of our sensory experiences three important roles in his epistemology. Since about 1970, Quine's conception of what constitutes our evidence about the nature of empirical reality has been radically misunderstood by almost all his readers, with disastrous consequences for the understanding of his entire epistemology; a final section – “Stimulations as evidence” – is therefore devoted to remedying this situation. (shrink)

This chapter first presents two arguments for the permissibility of physician-assisted suicide (PAS) and euthanasia (E) to eliminate physical suffering. I then present a third argument for PAS and E on grounds other than eliminating suffering. The chapter next considers several objections to these arguments that might be raised by Neil Gorsuch, now a US Supreme Court Justice. In the course of this I present a fourth argument for PAS and E. (I assume throughout that a patient’s free and informed (...) consent is required and present.). (shrink)

The article examines the concept of “cultural trauma”, which appeared at the beginning of the 21st century as part of the process of searching for identity. The concept is defined as an evaluative metaphor. There are periods in the history of Russia that can be considered from the point of view of using this concept. It is shown how the historical and ideological disputes of the late twentieth century acquired the character of religious contradictions. A hypothesis is put forward as (...) a result of what events the concepts of normal political science vocabulary lost their original meaning and turned into ideological templates. (shrink)

A long-standing theme in discussion of perception and thought has been that our primary cognitive contact with individual objects and events in the world derives from our perceptual contact with them. When I look at a duck in front of me, I am not merely presented with the fact that there is at least one duck in the area, rather I seem to be presented withthisthing (as one might put it from my perspective) in front of me, which looks to (...) me to be a duck. Furthermore, such a perception would seem to put me in a position not merely to make the existential judgment that there is some duck or other present, but rather to make a singular, demonstrative judgment, that that is a duck. My grounds for an existential judgment in this case derives from my apprehension of the demonstrative thought and not vice versa. (shrink)

Kamm’s response to Tse’s comments deals with the following issues (among others): (1)the relevance of empirical facts to moral arguments about physician assisted suicide (PAS); (2) the moral relevance of the difference between foreseen risk and certainty of death as well as the difference between certain death and immediate death; (3) whether intention matters to the permissibility of giving morphine for pain relief (MPR) and whether objective factors can be the same whether one intends MPR or death in giving morphine; (...) (4) the relevance of the permissibility of MPR or terminating life-saving treatment for the permissibility of PAS. (shrink)

Burning questions.--The humanistic view of life.--Must empiricism be limited?--Truth-seekers and sooth-sayers.--Must pragmatists disagree?--Humanisms and humanism.--Has philosophy any message for the world?--Must philosophy be dull?--Is idealism incurably ambiguous?--The ultra-Gothic Kant.--Goethe and the Faustian way of salvation.--Plato's Phaedo and the ancient hope of immortality.--Plato's Republic.--How far does science need determinism?--The relativity of metaphysics.--Ethics, casuistry, and life.--Prophecy and destiny.--The crumbling British empire.--Can democracy survive?--The possibility of a United States of Europe.--Ant-men or super-men?--Fascisms and dictatorships.--Humanist logic and theory of knowledge.--Multi-valued logics - and others.--Data, (...) datives, and ablatives.--Are all men mortal?--How is "exactness" possible? (shrink)