"Law week soccer competition: 16-19 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 25.

In the first half of this paper I show how H. L. A. Hart's theory of rules can resolve, or at least clarify, a central methodological problem in legal anthropology that was first posed in Llewellyn and Egebel's The Cheyenñe Way In the second half I explore and develop Hart's theory of rules, and apply it to problems of agency and behaviourism in legal anthropology, and of legal development, and apply it to the problem of (...) rule-scepticism in legal anthropology as it is posed in Roberts and Comaroffs Rules and Processes and elsewhere. (shrink)

Resumen: Este artículo explora los cambios en el entorno legal cambiante y la estructura social de la sociedad de la meseta Qinghai - Tíbet, la dinámica social y cultural reflejada en el declive, renacimiento y mutación de la poligamia, enfatiza el papel de la mujer en ella y espera con interés el desarrollo futuro de la poligamia en la meseta Qinghai - Tíbet. La exploración y práctica de este artículo es una nueva conceptualización de estudios anteriores sobre el poder (...) de género y la Condición Jurídica y Social de la mujer. La existencia y continuación de la poligamia refuta la comprensión mecánica de la subordinación general de las mujeres desde una perspectiva intercultural, y las características dinámicas, sistemáticas y simbólicas de los roles y estatus de las mujeres en el matrimonio poligámico en la meseta Qinghai - Tíbet verifican la predicción de la tendencia de la investigación sobre el estatus de las mujeres. La preocupación por el papel y la posición de las mujeres en las familias polígamas intenta confirmar la complejidad del poder de género y la posición de las mujeres en la sociedad. Tanto la innovación del pensamiento teórico como la exploración del camino de investigación son para ir más allá en la exploración de problemas similares. Aunque es imposible agotar todos los problemas posibles, la atención y exploración de los grupos de mujeres en el sistema de matrimonio polígamo en este artículo enriquece la visión de los estudios anteriores sobre la Condición Jurídica y Social de la mujer, pero también plantea cuestiones por explorar. (shrink)

Purpose of the article is to reconstruct the legal sources of Christian anthropology. Theoretical basis. The methodological basis of the article is the understanding of the fundamental foundations of Christian anthropology in the context of Roman legal understanding. Originality. From the point of view of the Christian religion, man is a dual being: his body is part of the material world, but his soul is not from this world, he is born directly from God. The transcendent (...) origin of the soul gives it the right to communicate with God, but this right can be realized only with the help of the Church, which is seen as the "bride of the Lamb" and the mystical "body of Christ". Interpretations of the essence of church organization correlate with the principles of organization of the Roman community. The principle of universal priesthood correlates with the idea of "post-Tarquinian democracy", recognizing the people of Rome as the supreme bearer of the empire of Jupiter; catholicity – with the idea of the senate as a meeting of the most deserving leaders of the community; apostolic succession – with the institution of republican magistrates, who even though received their power from the community, but through "consultations with the gods". In essence, Christian dogmatism is Roman law applied to the Middle Eastern religion; the Bible was interpreted as a legal document, and theologians acted as lawyers. Conclusions. In the ancient Churches the ideal of Roman law was realized as the right of impersonal law, standing outside and above the individual. The latter has no ontological value, it is a "servant of God", but the union of men into the mystical "body of Christ" makes the latter empowered to represent God on earth and to act on his behalf. The Renaissance paved the way for the Reformation, in which a powerful "Greek" lobby declared itself. Despite the fact that many leaders of the Reformation had a personal dislike for philosophy, they were spontaneous philosophers, believing themselves entitled to interpret the will of God independently, regardless of the authority of the councils. They were strict rationalists who only changed the object of their reason: if the ancient Greeks tried to comprehend the world rationally, the Protestants set themselves the goal of rationally comprehending the Book. Ultimately, the main question of Christian theology is the question of man’s attitude to God, and the differences between the anthropological systems within Christianity are the options for answering this question. (shrink)

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.

The Anthropology of Islamic Law: Education, Ethics, and Legal Interpretation at Egypt’s Al-Azhar. By Aria Nakissa. Oxford Islamic Legal Studies. New York: Oxford University Press, 2019. Pp. ix + 312. $95.

Understanding legal rules not as determinants of behavior but as points of reference for conduct, this volume considers the ways in which rules are invoked, referred to, interpreted, put forward, or blurred. It also asks how both legal practitioners and lay participants conceive of and participate in the construction of facts and rules, and thus, through decisions, defenses, pleas, files, evidence, interviews and documents, actively participate in law's life. With attention to the formulation of notions such as person, (...) evidence, intention, cause and responsibility in the course of legal practices, Legal Rules in Practice provides the outlines of a praxiological anthropology of law - an anthropology that focuses on words, concepts and reasoning as actively used to solve conflicts with the help of legal rules. As such, it will appeal to sociologists, anthropologists and scholars of law with interests in ethnomethodology, rule-based conduct and practical reasoning. (shrink)

Anthropology, History, and Education contains all of Kant's major writings on human nature. Some of these works, which were published over a thirty-nine year period between 1764 and 1803, have never before been translated into English. Kant's question 'What is the human being?' is approached indirectly in his famous works on metaphysics, epistemology, moral and legal philosophy, aesthetics and the philosophy of religion, but it is approached directly in his extensive but less well-known writings on physical and cultural (...) anthropology, the philosophy of history, and education which are gathered in the present volume. Kant repeatedly claimed that the question 'What is the human being?' should be philosophy's most fundamental concern, and Anthropology, History, and Education can be seen as effectively presenting his philosophy as a whole in a popular guise. (shrink)

Motivation is a key factor in getting involved in education, as well as in other things. After all, the existence of objective prerequisites for education is only a necessary basis for its success, but the use of these conditions properly depends to a large extent on the adequate motivation of participants in the educational process. Therefore, proper motivation is a sufficient basis for making efforts to achieve a better result. However, efforts also need to be directed correctly: there is not (...) enough to be passionate about, something must be done in a way that is acceptable to others and understandable to them. Therefore, motivation is inevitably more or less related to legitimacy, i.e. the provision of normative activities. For each case there is the best motivation for it and proper legitimacy. Motivation refers to the identification of basic values of a certain type of activity, legitimation requires a clear understanding and recognition of certain norms that are generally accepted in this activity. At different stages of adulthood, the motivation and legitimation of its activities alternately play a priority role, although both of them are more or less present at all stages of personality development. Therefore, both the excessive opposition of motivation and legitimacy and attempts to consider one as part of the other are wrong – these are relatively self-sufficient mechanisms to ensure the success of individual behavior. Motivation and legitimacy are closely linked to the individual's acceptance of certain obligations and responsibilities, which are the basis for the individual's acquisition of certain rights. Unsuccessful motivation and inappropriate legitimation of an individual's behavior is a sign of his unsuccessful socialization, which risks losing the connection of the individual with the main social institutions of society – especially with the state. In the case of their successful implementation, motivation and legitimacy are an important means of effective inclusion of the individual in the functioning of social systems, as well as – in the improvement and development of such functioning. (shrink)

Anthropology, History, and Education, first published in 2007, contains all of Kant's major writings on human nature. Some of these works, which were published over a thirty-nine year period between 1764 and 1803, had never before been translated into English. Kant's question 'What is the human being?' is approached indirectly in his famous works on metaphysics, epistemology, moral and legal philosophy, aesthetics and the philosophy of religion, but it is approached directly in his extensive but less well-known writings (...) on physical and cultural anthropology, the philosophy of history, and education which are gathered in the present volume. Kant repeatedly claimed that the question 'What is the human being?' should be philosophy's most fundamental concern, and Anthropology, History, and Education can be seen as effectively presenting his philosophy as a whole in a popular guise. (shrink)

Purpose. The article is aimed to study the anthropological, socio-philosophical and philosophical-legal dimensions of the ontological sphere of human life within the discourse of restricting human rights during pandemic threats. To do this, one should solve a number of tasks, among which are the following: 1) to explore the anthropological and praxeological understanding of fear as a primary component of human existence in a pandemic, which prevents people from changing their lives for the better and healthier, having fun and (...) happiness; 2) to put a focus on the habituation of fear as a two-dimensional adaptation to risks and threats from pandemics; 3) to reflect the anthropological features of changes in human life experience under the influence of the COVID-19 pandemic in the discourse of human rights and public health measures. Theoretical basis. Today, international guiding principles on human rights response to global natural threats have been updated. However, there are still no specific legal recommendations concerning measures on human rights protection during outbreaks of various infectious diseases. However, the influence of unexpected global challenges causes a change in the anthropological component of society and the state, so it requires immediate comprehensive research. Originality. It was substantiated a systematic approach to the implementation of modern healthcare policy towards the recognition of human life as the highest value, increasing the level of psychological preparedness for pandemic challenges and approximation of statutory provisions of human rights protection to modern challenges and threats to the health of the individual, society and state. The study of anthropological, socio-philosophical and philosophical-legal dimensions of human existence in the discourse of pandemic threats made it possible to reveal the profound influence of fear on human life, social justice and, consequently, identify the moral and legal dependence of the development level of society and the state on the level of axiological and anthropological concept of human dignity. Conclusions. Based on the study of statistical reports, international analysis and the use of personal authorial methods, the following can be stated: the methods of combating the modern pandemic have directly affected everyone on national and international level. Their influence is significant because it changes the rules of coexistence and life of people in all spheres. However, the influence on the consciousness and other intentions of the individual has mostly temporally insignificant limits. (shrink)

Purpose. The paper considers the establishment of the paradigmatic determinants of the understanding of crime on the basis of fundamental changes in understanding of the essence of a man in ancient, medieval, Renaissance, modern and postmodern philosophy. Theoretical basis. The author determines that the understanding of the concept of crime is possible only in the combination of historical, philosophical, legal and sociological approaches. The interpretation of the essence of this concept dynamics and relevant legal practices is based on (...) structuralist, post-structuralist and hermeneutical methodological principles. Originality. The author has proved that the concept of "crime" is not a constant but a historically variable category whose dynamics of meanings is linked to a change in philosophical anthropological paradigms. Its understanding is primarily related to the interpretation of the essence of a man and the imperatives of his behavior. This allows a new understanding of the philosophical foundations of modern criminology. Conclusions. The article establishes that in the history of Western philosophy, there are five anthropological paradigms that differ in a thorough rethinking of the essence of a man. The first cosmocentric regards man as a microcosm, his soul and actions must be in harmony with the harmony of the Cosmos. The second Theocentric considers a man the image and likeness of God, though he is at the same time burdened with original sin. In the era of early Modernism, the third paradigm, which we called cognitive-centric, becomes dominant, since the essence of a man is reduced primarily to his mind. It gradually changes to the fourth – sociocentric, which focuses on the social essence of a man. However, despite its continued existence in our time, at the end of the XX century, there is a transition to the fifth paradigm – postmodernist, which deconstructs the essence of a man, reducing it to the role of an element of power systems. These paradigms, with a certain synchronicity, create the corresponding concepts of "crime": from violation of polis-space laws to identification with sin, from non-observance of mental and moral standards to social deviance. Contemporary understandings of crime are, for the most part, relativistic and constructivist, which is consistent with the postmodern anthropological paradigm. However, the diversity of interpretations of the concept of "crime" that exists in the current scientific literature needs further comprehension. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...) / 3. Timely Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I (...) explore one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations. (shrink)

Recent trends in academic and professional legal communication worldwide have promoted significant changes to aim at operating successfully under current multilingual and multilegal contexts. The aim is to consider a kind of supranational legal discourse so as to minimize socio-cultural variants and to promote the pragmatic conditions for harmonized and ‘common sense’ legal practices without excluding potential reciprocal influences of or resistance to one hegemonic legal system upon others. In Brazil, the traditional ‘thinking like a civil (...) lawyer’ culture still prevails against a more global approach constraining the consolidation of the country’s role of major player in most global legal areas. In addition, the key tool required for achieving some sort of global legal status—Brazilian legal operators’ proficiency in legal English—has been barely considered in both academic and professional settings, particularly in legal translation. This study resorts to the linguistic anthropology concept of ‘entextualization’ to discuss the process of official translation in Brazil to render global legal genres. The comparative analysis between the original text in English and its official version in English focus on drafting consistency, the translator’s choice of some formal entextualization elements used in the process of translation and his/her authority as the entextualizing agent to legitimate text. (shrink)

This paper makes an attempt at the conceptual foundation of descriptive ethical theories in terms of evolutionary anthropology. It suggests, first, that what human social actors tend to accept to be morally valid and legitimate ultimately rests upon empirical authority relations and, second, that this acceptance follows an evolved pattern of hierarchical behaviour control in the social animal species. The analysis starts with a brief review of Thomas Hobbes'' moral philosophy, with special emphasis on Hobbes'' authoritarian view of moral (...) validity and of the common political origins and ultimate basis of legitimacy of moral and legal systems. Hobbes'' philosophical conceptions are then put into the context of Max Weber''s influential empirical theory of legitimacy, especially charismatic revelation and authority as the ultimate source of all moral, legal and religious obligations. Weber''s concept of charismatic authority is given a biobehavioural interpretation in terms of ritualised status signals indicating an individual''s superior physical and emotional dispositions to control the social actions of others. Various conclusions are drawn concerning the concept of moral validity and its possible evolutionary interpretations. (shrink)

Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which actors create connections and distance between different legalities in domestic, transnational and international law. It examines a wide (...) range of issue areas, from the relationship of state and indigenous orders to the regulation of global financial markets, from corporate social responsibility to struggles over human rights. The book uses these empirical insights to inform new theoretical approaches to law, and by placing the entanglements between norms from different origins at the centre of the study of law, it opens up new avenues for future legal research. This title is also available as Open Access. (shrink)

In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and (...) 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy."--Publisher's description. (shrink)

_Purpose._ The main purpose of this research is to comprehend the philosophical principles in the spread and legitimation of the Self-made-man idea in the worldview transformations of the 17th century. _Theoretical basis._ Historical and comparative methods became fundamental ones for the research. The research is based on the creative heritage of R. Descartes, T. Hobbes, J. Locke, as well as the works of modern researchers. _Originality._ The analysis shows that the Self-made-man idea, which originated in the ancient world and gradually (...) spreads in the Christian Middle Ages, gained a powerful impetus in the philosophical and moral-legal metamorphoses of the 17th century. These metamorphoses theoretically substantiated and radically accelerated the transition from mystical to rational, from theocentric to the anthropocentric worldview, and, as a result, to the recognition of the intellectual autonomy of the individuals and the freedom of their own will, the emergence of the construct of natural human rights, the requirements of religious tolerance and freedom of conscience, ultimately, to the principle of reliance on one’s own strength and the individual’s personal responsibility for one’s own destiny. Exactly these ideas in interaction with the ideas of Puritanism became the theoretical basis for the formation of B. Franklin’s views and the corresponding cultural code. _Conclusions._ The philosophy of the 17th century, having laid the principles of a new – subject-centric – metaphysics, as well as the philosophical and legal foundations of liberal ideology, provided philosophical and moral-legal legitimation to the sporadic attempts of man to break out of the triple circle of fatalism, paternalism, and conformity to a rationally founded and the ever-growing orientation of the individual towards active self-determination and self-realization, self-reliance and personal responsibility for their own destiny as key principles of the Self-made-man concept. (shrink)

The aim of the article is to characterise and analyse Paul Amselek’s research approach to legal hermeneutics. The text provides an outline of Amselek’s assumptions and theses about legal interpretation, considered in the broad context of hermeneutics, and in the narrower context of legal logic and argument. In point of fact, one of the methodological aims of Amselek’s philosophical reflection is to harmonise the two indicated contexts for framing interpretation — the wide context of hermeneutics, and the (...) more narrow context of legal logic and argument. Amselek refers to issues in communication theory, reaching beyond the hermeneutic concept of text interpretation and evocation of the original authorial intention. He analyses the legal text-message in its content and argument layers, he also endeavours to specify the methodological possibilities of interpreting the attitudes and motivations of subjects — participants in communication situation. He also inquires about the ethical attitudes of jurisdiction authorities, performing the interpretation of a body of law — the subjects responsible for lawmaking and the execution of law. Adopting post-Enlightenment anthropological assumptions, Amselek accepts the primacy of rationality in cognition, decision making, and activity of the human individual. However, in his considerations on interpretation he concurrently underscores the role of affective factors, motivating many choices and actions made by legal subjects. (shrink)

In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In (...) Homo Juridicus, Supiot deconstructs the illusion of a world that has become flat and undifferentiated, regulated only by supposed "laws" of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot's exploration of the development of the legal subject-the individual as formed through a dense web of contracts and laws-is set to become a classic work of social theory. (shrink)

Purpose. The research is aimed at substantiation of the process of formation of various human images in the postmodernism era in the context of biophilosophy, taking into account the need to find an adequate response to historical challenges and the production of new value orientations reflecting succession of civilization development. Theoretical basis. The author in his theoretical constructs proceeds from the need of taking into account the biophilosophical aspect of postmodern man, as the one who, remaining a representative of the (...) species Homo sapiens, began to dynamically change, losing its own natural and functional qualities, acquiring to a large extent the socio-technology-related qualities. The thesis that in the postmodern society the moral and legal foundations of existence of human being, as the subject of actions and responsibility for these actions, practically coincide with the biological foundations is taken as initial argument. New biological knowledge, as well as the related technologies, orient the public consciousness towards production of fundamentally new or modernization of the existing bio-philosophical ideas. The author's vision of the anthropological collision of the Post-Modernism era is caused by the fact that the issues of a postmodern man acquire a special urgency at the end of the ХХ – early XXI century. A progressive disproportion between a human being, whose abilities as a representative of the species Homo sapiens are biologically limited, and the human community, which sees no limits in its information and technological expansion, is of current interest. Originality. The author reveals the key features of the Post-Modernism era, in which a fundamentally different civilizational space originates, and where a new type of person emerges in its internal culture, which is called the postmodern man. The postmodern man was considered through the prism of bio-philosophy. Its interest in man is caused by his or her place in nature, the prospects of development at the individual, population and species levels. Conclusions. In the process of development of bio-philosophy, its research field will be naturally expanded with the use of philosophical means of perception of life as such and filling the bio-philosophy with philosophical and biological issues. In contemporary conditions, the study of the boundaries of biological reality and its previously unknown properties, definition of new horizons of theoretical knowledge in the science of life, the critical rethinking of the concepts of biocentrism and anthropocentrism in the space of modern scientific knowledge, the definition of perspective trends in the study of man, his or her place and role in the planetary being is of great importance. (shrink)

ART and, in particular, IVF and ICSI, are essentially a laboratory experiment, but which, due to its specificity, goes beyond the disciplinary boundaries, explicitly acquiring an ethical-axiological dimension in the interaction zone of the members of a particular community involved in child-bearing. At the same time, it is noted that the activity and choice of a way to solve problems with childbirth has a characteristic severity, due to the traditions and level of civil and social maturity of a country, due, (...) among other things, to the level and achievements of technical equipment in this industry of knowledge and practice. According to foreign studies, about half of all subfertile people in developed countries are trying to overcome their infertility with the help of medicine, and research data indicate that the proportion of such individuals is growing. The most difficult problems of reproduction are associated with low quality of oocytes or low ovarian reserve ; aspermia and deep teratozoospermia, can not give hope to a couple to have genetically related offspring. However, donor programs create additional opportunities for social motherhood / paternity. Donation of oocytes is found in ART programs at least 3 times more often than donation of spermatozoa. At the moment, donation of gametes and embryos raises a number of ethical, legal, medical and socio-psychological issues that require competent support from experts of a wide range of specialists, as well as competent, non-commercial, primarily due to the interaction between donors and recipients. The analysis of possible modifications of family and kinship ties is based on the idea of transforming social relations, in which assisted reproductive technologies play a fundamental role, building a system of “new kinship and new family.” By entering into the intimate process of the birth of life and acting as a regulator of the composition of participants in this process through the stimulation of responsibility to present and future relatives, reproductive technologies affect the initial moral requirements in the community, redefining universal values based on the specific situation. Scenarios of childbearing through ART with the involvement of additional participants are possible in the context of the legal field, but legally fixed anonymity of the donor leaves many unresolved issues related to the problems of hereditary diseases, genetic abnormalities and epigenetic changes; in addition, there is a problem associated with the possibility of unintentional incest, as well as the difficulties of the child’s self-identification and the closeness of his genealogy. Solutions to these issues are postponed until later, thereby initiating future dramatic situations, ethical conflicts and dilemmas with a poorly predictable positive outcome. (shrink)

This essay addresses the relationships between prescription and description in legal rules. The analysis will focus on the culture-laden connotations of factual categories implied in all legal sentences and/or provisions. This investigation is spurred by the need to assess the impact of cultural difference in people’s understanding of legal imperatives and, symmetrically, how that impact is to be considered in the application of law. Differences in ways of categorizing the world could position the cultural pre-understanding required by (...) law, and the pluralism recognized and protected by constitutional principles and human/fundamental rights discourse, at a crossroads. Hence, even when we find an illegitimacy or an ignorance about what legal rules do not explicitly state but instead implicitly presuppose, this does not exclude that behind that ignorance there may be something worthy of legal protection. A question emerges: is it legitimate and reasonable to consider the ignorantia facti resulting from differing ways of categorizing the factual world as automatically and uncritically subject to the principle ignoratia legis non excusat? The essay continues with an assessment of the possible consequences of ignorantia facti in the administration of justice in multicultural societies and migration contexts. For this purpose, the opportunity for an intercultural use of law—including within national law—will be considered as a means of avoiding the discriminatory application of ignorantia facti. This topic will be addressed by leveraging both semiotic and cultural-anthropological analytical tools, including the well-known greimasien “contrat de véridiction”. (shrink)

Purpose. The study is aimed at highlighting in the historical-comparative context the influence of anthropological teachings on the development and formation of such a legal phenomenon as "legal certainty", proving that the category of legal certainty appeared as a consequence of anthropocentric philosophical approach in law. Theoretical basis. In the article, using the system approach, the content of the term "legal certainty" was analyzed. The axiological approach allowed generalizing various manifestations of legal certainty within the (...) limits of one va-lue concept and generalizing it by formulating and emphasizing the importance of the anthropophilosophical approach in the study of legal phenomena. The method of comparison, analysis, synthesis, generalization of philosophical concepts was used, in which the principle of legal certainty was expressed in different periods of historical development. Originality. This article supports a wide approach to understanding the principle of legal certainty, and the latter one relates to general theoretical legal principles. It is alleged that legal certainty consists of a number of requirements for lawmaking and law enforcement. In conducting a historical analysis for these requirements of legal certainty, it was established that they were historically originated and developed as a part of anthropological philosophical doctrine and subsequently embodied in law. The connection with anthropological teaching in jurisprudence is transformed into a relationship between the realization of the principle of legal certainty and human rights. Conclusions. Anthropological approaches in the study of legal phenomena allow providing value humanistic orientation to law. Human rights and freedoms as the most important social value require observance of them even when the legislation is imperfect, uncoordinated, contains gaps and uncertainties. The principle of legal certainty enables to overcome these difficulties, due to it the requirements of lawfulness and observance of human rights and freedoms are agreed upon. This principle is generally legal, and its content is revealed through a set of components – requirements. (shrink)

Psychoanalysis knows two things at least. First, that all human endeavour and all human failure is imbued with anxiety, and that, therefore, to diagnose human endeavour, or to diagnose failure, is to locate the nature and origin of anxiety. And second, that anxiety itself amplifies the need to “diagnose” human being, and human beings. Psychoanalysts, in other words, know that for them to be able to do the work of psychoanalysis, they need to be (cultural) anthropologists first. In this contribution (...) an attempt is made to sketch out the broad outlines, and the deep anthropological backdrop, of a cultural undercurrent which has come to dominate Western culture in the first quarter of the twenty-first century. Building on Peter Sloterdijk’s work, and using the image of the ‘line of anxiety’ as a heuristic tool, we’ve named this cultural undercurrent radical bastardy, i.e. the aspiration to live as sovereign—absolutely sovereign-a life as possible. This cultural trend-which has a long history, and which many are now drawn to- is, however, shot through with anxiety. To live the life of an aspiring sovereign is to live a life in nagging anxiety. It is to live a life of unrelenting attempts to “diagnose” anything that even vaguely resembles law, or code, in order to avoid it, elude it, keep it at bay, or, if necessary, eradicate it. (shrink)

Introduction. Innovationism in various areas of society has changed both the natural and social environment. The change speed in the new infor- mation and communication field is the reason for many questions related to studying the problems of society and the machine, finding out the place of artificial intelligence in social relations. These pro- cesses stimulated the philosophical research, the subject of which was man, modern technologies, scenarios for the development of society, socio- cultural and political-legal forms of its (...) organization. Since the 90s of the twentieth century in the West and later in Russia, a transhumanistic concept has been formed, which connects man, society and technology in a special way. Representatives of transhumanism study the technical develop- ments of human immortality and build models of the perfect man, pursuing as a goal, his deliver- ance from suffering and disease. Transhumanistic perspectives actualize the need for a thorough, constructive and critical assessment of the possible advantages and risks of technological development, and its impact on the political and legal structure. In this regard, the ability to see and isolate the features of this process and subsequent reflection is fundamentally important. The purpose of the article is to consider political and legal transformations in the context of the interaction of modern technologies and soci- ety through the prism of transhumanistic perspec- tives, to identify possible directions of philosophical reflection of political and legal modes of modernity. Methods. To achieve the research goal, general scientific methods of cognition were used: analysis and synthesis, induction, deduction, comparison, abstraction. The article also applied institutional- functional and system-structural approaches, the method of interpretation and content analysis. The analysis of public opinion and special labeling of artificial intelligence was carried out with the help of appealing to network content (social networks, blogs, and forums). Communication channels reproduce messages mentioning modern technolo- gies from the point of view of the philistine world- view based on stereotypes broadcast in society and the influence of popular culture. Content analysis revealed the relevance of the spectrum of labeling, relative to artificial intelligence systems, includ- ing the verbs “create”, “destroy”, “help”, “enslave”. Regarding the sphere of labor, law and politics, the positions differ, from outright alarmism to utopian images of social well-being. Scientific novelty of the study. The article analyzes the prospects of considering the phenom- enon of social transformations, the forms of their representation through political and legal views as exemplified by transhumanism. Results. The author attempts to give a comprehen- sive description of social changes in the field of public administration, legal regulation, legal per- sonality and legal responsibility, social equality of participants in legal relations through the specific refraction of these social phenomena in transhu- manistic ideas. The spectrum of the main problems in the sphere of interests of the transhumanistic worldview is listed. Conclusion. Turning to modernization strategies on the example of transhumanism is a natural and necessary need in the political and legal sphere, in particular. In the course of the analysis, a wide range of problems were identified that actualize the social and axiological and anthropological optics of the research. Diverse forms of transhumanistic political trends act as manifestations of socio-legal reflection on the intensification of innovation- ism, which is capable of radically changing human nature. (shrink)

Purpose. The purpose of this paper is to investigate the anthropological and socio-philosophical dimensions of human existence of the older age group given the challenges of pandemic threats caused by COVID-19. To this end, it is planned to solve a number of tasks, among which one should distinguish the following: 1) to investigate the manifestations of age discrimination in the context of the social and labor areas of human existence; 2) to focus on the asymmetry of the behavior of society (...) and the state relative to persons of the older age group in the field of healthcare in the context of a pandemic crisis; 3) to represent the anthropological features of changes in the socialization and activity of older people under the current conditions of globalization-pandemic challenges. Theoretical basis. Despite such a broad representation of the age-related issue in public relations, there are still no practical guarantees that would apply to discriminatory aspects of older age groups in various areas of their manifestation. The synergistic evolution of social reality requires substantive analysis of the issue under the current conditions for the transformation of social life, which is affected by globalization crises caused by the pandemic threats of COVID-19. Originality. The stereotypical assumptions underlying legal policy and established social relations are based solely on the application of chronological age. The novelty is in justifying an individual approach to the elderly through the personification of the personal characteristics of a person. The study of anthropological and socio-philosophical dimensions of the existence of a person of the older age group in the face of the challenges of pandemic threats caused by COVID-19 has made it possible to analyze the destructive nature of age discrimination in the context of the social and labor areas of human existence. As well as focus on the asymmetry of the behavior of society and the state in relation to these persons in the field of health care, and emphasize the anthropological features of changes in the socialization and human activity under the current conditions of globalization-pandemic challenges. Conclusions. External threats to human existence call for special attention to the implementation and protection of human rights, freedoms, individual freedoms, and identity. Pandemic threats have transformed all dimensions of human existence, especially for those groups of society that are less socially protected. The pandemic crisis has created additional grounds for discrimination against older people in various areas of human existence. Equalization of persons by age without personifying the personal characteristics of an individual is discrimination on an age basis, which violates the principles of democracy and humanism in the society, leads to stigmatization of the person, is the cause of the anthropological crisis of a person. (shrink)

Drawing on historical and contemporary evidence from Great Britain and Italy, this article examines actions that fall under official definitions of corruption and actions that are not illegal but are widely regarded as morally corrupt. As a social anthropologist, I argue that when dealing with the complexity of corruption and abuses of power, we need to identify what aspects of the system encourage or generate illicit practices and what aspects could instead generate real change. It is imperative to assess the (...) precise identity of the dividing line between the legitimate and the illegitimate and between the legal and the moral, and to address both the exact relationship of the protagonists in public life to formal law and its production and their perceived legitimacy in the broader society. Empirical evidence suggests that the production of the law must take into account the moralities which inform the definition of legitimacy at the grassroots, for legislation that enjoys such legitimacy is authoritative-therefore effective-legislation, and thus is governance that benefits from and abides by such legislation. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons (...) with disabilities. The contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

Global Prescriptions scrutinizes the movement to export a U.S.-oriented version of the " rule of law," found in the activities of philanthropic foundations, the World Bank, the U.S. Agency for International Development, and several other developmental organizations. Yves Dezalay and Bryant G. Garth have brought together a group of scholars from a variety of disciplines--anthropology, economics, history, law, political science, and sociology--to create tools for understanding this movement. Comprised of two sections, the volume first develops theoretical perspectives key to (...) an understanding of the production and impact of new "global legal prescriptions." The second part shifts attention to the national importation of these legal orthodoxies. The scholars provide a diverse set of sophisticated approaches, both to the circumstances promoting the production of these prescriptions and to the limitations of the prescriptions in the different national settings. Thus, Global Prescriptions provides a unique treatment for readers interested in globalization generally or the potential spread of the "rule of law" in particular. This volume will intrigue scholars and students interested in a political science, economics, history, anthropology, law, and sociology. Contributors are Jeremy Adelman, Robert Boyer, Elizabeth Heger Boyle, Miguel Angel Centeno, Heinz Klug, Larissa Adler Lomnitz, John W. Meyer, Setsuo Miyazawa, Hiroshi Otsuka, Rodrigo Salazar, Kathryn Sikkink, Anne-Marie Slaughter, and Catalina Smulovitz. Yves Dezalay is Director of Research, National Center for Scientific Research, Paris. Bryant G. Garth is Director of the American Bar Foundation. (shrink)

Purpose. Based on the comparative analysis of the European and post-Soviet countries, the purpose of the article is to study one of the manifestations of gender discrimination, namely the problem of gender equality in the sphere of labor. It involves the consistent solution to the following tasks: a) to emphasize the basic principles of gender international and legal policy; b) to reflect the praxeological dimension of providing the equal social and economic opportunities for men and women at current level; (...) c) to emphasize the key criterion for ensuring the equality in socio-cultural sphere – equality in political life; d) to study the educational level of women and the possibility of self-realization in employment equal to men. Theoretical basis. The authors proceed from the standpoint that gender equality at the present stage has become a priority of legal policy and an important principle of the state of pro-European orientation. It is characterized in the legal plane, first of all, by the equality of the social roles of men and women, and the overcoming of the gender hierarchy of social ties, in which men are perceived as higher beings by their mental and physical abilities, and their activities are more significant and of priority in comparison with the activities of women. Originality. The authors have substantiated that in many economically developed countries the problem of providing a gender is still relevant, but most of the crisis problems in this area have found their legal regulation. The motivated position of the authors is that the level of education and professionalism of women cannot serve a reason for discrimination against women, which now exists in the economic and political sphere in the post-Soviet space. Conclusions. Gender stereotypes remain the priority in woman’s keeping family household, which creates significant inequalities of women and men at the labor market. Specialized regulatory acts in the field of gender declare the equality of men and women, while labor law defines a number of norms and guarantees that complicate the employment of women. In order to improve the situation we propose to implement a number of measures, such as, creation and financial support of the programs at the state level for supporting maternity, family and childhood; examination of all normative acts and concerning the issue of gender asymmetry, and especially the norms of labor law; introduction of state monitoring of employment and income of persons as to the complying with the principle of gender equality; introduction of quotas for women’s participation in political activities, in the work of the government and parliament, etc. (shrink)

The book is a critical analysis of the work of Max Weber, Emile Durkheim and Karl Marx. It focuses on their separate analyses of the role of law in society, pointing out their faults and errors, and the resultant impact on modern social science. The author takes issue with Weber's work on rationality, with Durkheim's work on repressive and restitutive law, and with Marx's work on social justice and law as part of the super-structure. In each section of the book (...) he shows the implications that flow from a re-assessment and re-interpretation of their work for an understanding of society. The book is multi-disciplinary, making ample reference to law, sociology, anthropology, history, religion, ecology, criminology, philosophy and economics. Its various chapters discuss a wide range of themes, including rationality, tradition, science, political authority, conflict resolution, community, justice and altruism. (shrink)

ABSTRACTIn the past millennium, there have been thousands of polities in Europe and millions of laws. This article contributes to efforts by historians and sociologists to make some sense of this sprawl by constructing common types of law and legal change. Such types constitute distinctive patterns by which historical actors change names, ideas, and applications of rules of law under various circumstances. Three classic forms of change, namely legislation, mutation of custom, and judge‐made law, were described by Max Weber. (...) To Weber's model I add four new types or motifs of change, which I dub legal deeds, voice‐supersession, legal fictions, and anthropological expansion. The major advance of the four motifs is that they each combine what could be called a semantic and a social view of legal change. That is, they take seriously the fact that law is often bound in a self‐conscious tradition of thought and practice. But each motif of change is also characterized by a typified social configuration of legal operators and legal subjects, who apply competing ideas to one another in distinctive ways. The paradigm of law in which the four motifs are embedded is evolutionary, pluralist, and liberal in that it posits creative social organization by multiple, independent, interacting individuals in society, weaving cumulative, complex orders.This theory makes several significant scholarly interventions. First, it attempts to reconcile outstanding semantic and social theories of legal change. Second, it historicizes legal pluralism while giving evolutionary theory a healthy dose of contingency. Third, the four motifs should also be serviceable to intellectual historians as tools for describing how historical actors interact with traditions generally. Tradition need not be viewed as conservative or even overwhelmingly static. This paradigm may help historians and social scientists assess how the force of the status quo balances against the power of individuals to innovate. (shrink)

The so-called ‘Right to Be Forgotten’ cases have been provoked by people’s desires to make their own determinations about what personal information is accessible online to others (and when, and how) in a world of data permanence. Legally at stake is how personhood is defined and defended. Thus far, European law has primarily concerned itself with the delisting of ‘data subjects’ from search results and the deletion or anonymization of personal information from and by search engine operators. As a result, (...) personhood has fallen into a kind of legislative void [ 43 ] I argue that this void is engendered by an old friction between the traditional Western secularist cognitive models that have formed the skeleton of Western law and the pulsing flesh of living human subject creation that pushes back against it. At the very least, the digital immortality of our images, voices, words and more, are bringing forth a variety of aspects of our ‘person.’ Meanwhile, religious worldviews have long understood and made use of phenomenological ideas of human becoming and transcendence that are far more congruous with how—even modern secular—people make meaning of their lives and self-creation, and how they think of posthumous existence. Moving through and with some of the most recent thinking in philosophy, anthropology, and cognitive science, I will develop the argument that human subjectivity is not only impossible to limit to the body, but that a radicalized ecological view is the only one that can ‘save’ us. (shrink)

The article reconstructs the is/ought debate in legal theory through a phenomenological reading of the concept of normality. An analysis of Siniscalchi, Fuller and Manderson looks at the issue from the perspective of law and literature, and then applies Giambattista Vico’s rhetorical methodology within the contemporary debate. The question: “is Hume’s law really visible within Hume’s thought?” also paradoxically poses the figure of phantoms and fictions at the heart of the current theoretical debate on law. A history of the (...) phantom placed at the centre of the history of Western institutions still remains to be written, but a comparison of very diverse and incongrous approaches such as the extended order of Hayek, the dogmatic anthropology of Legendre, the eunomics of Fuller and the new science of Vico shows how the mystery of consciousness and the mystery of institutions are inextricably entwined. It is impossible at the moment to draw a coherent doctrine from these conflicting perspectives, but their convocation is sufficient to demonstrate how the theory of law is always suspended between the unknown and the human attempt to inhabit it, moving us toward an affective turn that has yet to be fully conceived in the theory of law, following the iconic turn. The anthropological primacy of fictio and the aesthetic-legal dimension in the constitution of language is not that of a logic and separation from the body and meaning, but the exact inverse, even in the unavoidable constant tension between the two poles: logic is born through the gesture of the body that precedes it, as myth precedes the foundation of the State; the origin of the concept is affective, as Hume, and perhaps Vico himself, would have passionately affirmed. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with himself, with his desires (...) and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS (...) LOGIC ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)