_Despite advances in standard of living of the population, the condition of widows and divorced women remains deplorable in society. The situation is worse in developing nations with their unique social, cultural and economic milieu, which at times ignores the basic human rights of this vulnerable section of society. A gap exists in life expectancies of men and women in both developing and developed nations. This, coupled with greater remarriage rates in men, ensures that the number of widows continues to (...) exceed that of widowers. Moreover, with women becoming more educated, economically independent and aware of their rights, divorce rates are increasing along with associated psychological ramifications. The fact that widowed/divorced women suffer from varying psychological stressors is often ignored. It has been concluded in various studies that such stressors could be harbingers of psychiatric illnesses (e.g., depression, anxiety, substance dependence), and hence should be taken into account by treating physicians, social workers and others who come to the aid of such women. A change in mindset of the society is required before these women get their rightful place, for which a strong will is needed in the minds of the people, and in law-governing bodies._. (shrink)
The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making -- The constitutional subject and clashing (...) visions of citizenship : can we be beyond what we are not? -- Can the constitutional subject go global? imagining a convergence of the universal, the particular, and the singular. (shrink)
Translation science is going through a preliminary stage of self-definition. Jakobson’s essay “On linguistic aspects of translation”, whose title is re-echoed in the title of this article, despite the linguistic approach suggested, opened, in 1959, the study of translation to disciplines other than linguistics, semiotics to start with. Many developments in the semiotics of translation — particularly Torop’s theory of total translation — take their cue from the celebrated category “intersemiotic translation or transmutation” outlined in that 1959 article. I (...) intend to outline here the contributions that the science of translation — following a semiotic perspective opened by Peirce and continued by Torop — can gather from another discipline: psychology. The “totalistic” approach to translation provided by Torop can be more deeply enforced by applying to it the consequences deriving from the psychological insight offered by the concept of “interpretant” as mental sign; the perceptual interpretation of the prototext; reading and writing as intersemiotic translation processes; unlimited semiosis as interminable analysis; primary and secondary process in dreams and in other kinds of translation; metaphor and disambiguation as mental processes; the defenses activated when translation criticism (review) and self-criticism (revision) are made. (shrink)
In recent years there has been a marked increase in interest in animal welfare issues worldwide. This subject often evokes extreme points of view, and can be both intellectually challenging and emotionally dividing. It is undeniably a field where substantial progress has taken place, with a multitude of countries worldwide implementing their own animal welfare and protection laws. However, calls continue to be voiced for more extensive and courageous measures to be taken concerning both the content and the enforcement of (...) animal welfare legislation. To highlight a variety of these promising and noteworthy ideas this article outlines and examines some selected and qualified aspects of a potential juridical approach to the subject by consulting the legal systems of Austria and Germany under this particular premise. The aim will be to ascertain the extent to which animals have been granted consideration and protection, for instance in spheres of Constitutional or Civil Law. What options exist to safeguard an animal by a legally founded and secured position, and on which rank in the legal system could such provisions possibly be established? Ideally, a complete legal network on all possible levels of the legal system should be developed, ensuring a comprehensive and an all-embracing protection of the individual animal. (shrink)
The history of ethical problems and corruption in American law enforcement is well documented. Current law enforcement training lacks a significant focus on ethics training and is in need of modifications which would include a greater emphasis on ethics education. This study drew on cognitive development theory, applied specifically to the domains of moral and conceptual development, to create and implement an educational programme for police officer trainees and college students studying criminal justice. The Deliberate Psychological Education model provided (...) the framework for this educational program designed to promote development of moral reasoning and conceptual complexity among the participants. Significant gains were achieved for participants in the Deliberate Psychological Education intervention when compared with a control group in which the participants received the ethics training in a more traditional lecture format. (shrink)
THE ESSAY IS A REPLY TO NORMAN BOWIE'S EARLIER ARTICLE "ASPECTS OF KANT'S PHILOSOPHY OF LAW" IN THE "FORUM" (VOL. II, 4). CONTRARY TO BOWIE, I CONTEND THAT THE NATURAL LAW ELEMENTS PREDOMINATE IN KANT'S PHILOSOPHY OF LAW. THE CITIZEN CONFRONTED BY A CIVIL LAW THAT RUNS COUNTER TO THE MORAL LAW HAS ALTERNATIVES OTHER THAN REBELLION. HE CAN (1) SEEK REFORM OF THE LAW, (2) OFFER 'NEGATIVE RESISTANCE' TO THE LAW, OR (3) 'AVOID SOCIETY ALTOGETHER'-BREAK THE SOCIAL CONTRACT.
David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law (...) of a community might be, strict conformity to existing law automatically dispenses "formal" justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. (shrink)
We review different studies of the Periodic Law and the set of chemical elements from a mathematical point of view. This discussion covers the first attempts made in the 19th century up to the present day. Mathematics employed to study the periodic system includes number theory, information theory, order theory, set theory and topology. Each theory used shows that it is possible to provide the Periodic Law with a mathematical structure. We also show that it is possible to study the (...) chemical elements taking advantage of their phenomenological properties, and that it is not always necessary to reduce the concept of chemical elements to the quantum atomic concept to be able to find interpretations for the Periodic Law. Finally, a connection is noted between the lengths of the periods of the Periodic Law and the philosophical Pythagorean doctrine. (shrink)
The aim of this article is to investigate the problem how and to what extent human rights affect the relationships between private parties and what consequences this effect has for the development of private law in Lithuania and other European countries. Because Lithuanian legal doctrine lacks relevant research on this subject-matter, the author seeks to start and invoke the beginning of conceptual academic discourse on the matter. It is argued that despite the fact that in many countries the impact (whether (...) direct or indirect) of human rights on private law has recently become a powerful means of developing the law, the application of human rights in private law has not only its positive side but it also invokes very serious problems to be solved and raises conceptual questions that should be answered. Thus, in order to ensure stable, reliable and respectable development of influence of human rights on private law as a beneficial tool to protect human rights in certain cases, there is a need for continuous, complex and multi-level academic conceptual comparative studies of the issue in order to answer how to reconcile the constitutionalisation of private law with the principles of legal certainty and proportionality and what are the criteria for the limits of the effect of human rights on private law in order to ensure a fair balance, protect stability and predictability in law. (shrink)
Time and Memory throws new light on fundamental aspects of human cognition and consciousness by bringing together, for the first time, psychological and philosophical approaches dealing with the connection between the capacity to represent and think about time, and the capacity to recollect the past. Fifteen specially written essays offer insights into current theories of memory processes and of the mechanisms and cognitive abilities underlying temporal judgements, and draw out key issues concerning the phenomenology and epistemology of memory (...) and its role in our understanding of time. (shrink)
What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, and (...) justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (shrink)
Natural law is a perennial though poorly represented and understood issue in political philosophy and the philosophy of law. Mark C. Murphy argues that the central thesis of natural law jurisprudence--that law is backed by decisive reasons for compliance--sets the agenda for natural law political philosophy, which demonstrates how law gains its binding force by way of the common good of the political community. Murphy's work ranges over the central questions of natural law jurisprudence and political philosophy, including the formulation (...) and defense of the natural law jurisprudential thesis, the nature of the common good, the connection between the promotion of the common good and requirement of obedience to law, and the justification of punishment. (shrink)
Feinberg is one of the leading philosophers of law of the last forty years. This volume collects recent articles, both published and unpublished, on what he terms "basic questions" about the law, particularly in regard to the relationship to morality. Accessibly and elegantly written, this volume's audience will reflect the diverse nature of Feinberg's own interests: scholars in philosophy of law, legal theory, and ethical and moral theory.
Psychological Metaphysics is an exploration of the most basic and important assumptions in the psychological construction of reality, with the aim of showing what they are, how they originate, and what they are there for. Peter White proposes that people basically understand causation in terms of stable, special powers of things operating to produce effects under suitable conditions. This underpins an analysis of people's understanding of causal processes in the physical world, and of human action. In making a (...) radical break with the Heiderian tradition, Psychological Metaphysics suggests that causal attribution is in the service of the person's practical concerns and any interest in accuracy or understanding is subservient to this. Indeed, a notion of regularity in the world is of no more than minor importance, and social cognition is not a matter of cognitive mechanisms or processes but of cultural ways of thinking imposed upon tacit, unquestioned, universalassumptions. Incorporating not only research and theory in social cognition and developmental psychology, but also philosophy and the history of ideas, Psychological Metaphysics will be challenging to everyone interested in how we try to understand the world. (shrink)
Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and Durkheim on alienation, community and society -- Classical (...) social theory II : Simmel and Weber on the universality of sociability and reasonableness -- Social theory as the natural law of 'artificial' social relations. (shrink)