Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflexion on the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a theory from the beginning involves the integration of a norm‐descriptive point of view and (...) intellectual standpoint with the norm‐ prescriptive theory of law, by way of complementing each other, as it were (multilevel approach to law). This, at least, appears to be the only way of also clarifying the relationship between legal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Legal theory usually distinguishes only two kinds of legal realism: the American and the Scandinavian. Another school of this theoretical perspective is German legal realism, which refers to scholars like Ihering, Weber, and Schelsky. According to German legal realism, the author outlines what legal theory can do to persuade modern jurisprudence to face the social reality of law, conceived as institutionalized normative communication. The latter always occurs with reference to already valid and effectively operative legal norms which are used in (...) an established, normatively binding legal practice in a given regional society. (shrink)

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Papers presented at Symposium "Ideologiekritik und Politische Theorie bei Hans Kelsen" held May 15-17, 1981, at Schloss Retzhof near Leibnitz, Austria.

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we can (...) comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

Plato's dialogues frequently criticize traditional Greek myth, yet Plato also integrates myth with his writing. Daniel S. Werner confronts this paradox through an in-depth analysis of the Phaedrus, Plato's most mythical dialogue. Werner argues that the myths of the Phaedrus serve several complex functions: they bring nonphilosophers into the philosophical life; they offer a starting point for philosophical inquiry; they unify the dialogue as a literary and dramatic whole; they draw attention to the limits of language and the (...) limits of knowledge; and they allow Plato to co-opt cultural authority as a way of defining and legitimating the practice of philosophy. Platonic myth, as a species of traditional tale, is thus both distinct from philosophical dialectic and similar to it. Ultimately, the most powerful effect of Platonic myth is the way in which it leads readers to participate in Plato's dialogues and to engage in a process of self-examination. (shrink)

Affective congruency effects in the evaluation task can be explained by either spreading of activation or response competition. Eliminating effects of response compatibility by using other tasks (semantic categorisation, naming task) typically also eliminates affective congruency effects. However, there is no need for processing the affective information of the stimuli in these tasks either, which could be necessary for an affectively mediated spreading of activation (Spruyt et al., 2007, 2009, 2012). We introduced a new task to further test this hypothesis. (...) The valent/neutral-categorisation task does not confound affective congruency with response compatibility, but still requires a processing of the stimuli's valence. No affective congruency effect was obtained with this task in two experiments, disfavouring a conditional spreading activation account. On the other hand, a significant priming effect was found for associated word pairs in Experiment 1, providing evidence for the sensitivity of the task to detect spreading activation processes. (shrink)

This collection broadens the scientific discussion of modularity by bringing together experts from a variety of disciplines, including artificial life, ...

This is Werner S. Pluhar's translation of Immanuel Kant's Critique of Judgment (Kritik der Urtheilskraft) for Hackett Publications (Indianapolis, Indiana). ISBN 9780872200258 (paperback).

Philosophers of science traditionally have ignored the details of scientific research, and the result has often been theories that lack relevance either to science or to philosophy in general. In this volume, leading philosophers of biology discuss the limitations of this tradition and the advantages of the "naturalistic turn"—the idea that the study of science is itself a scientific enterprise and should be conducted accordingly. This innovative book presents candid, informal debates among scholars who examine the benefits and problems of (...) studying science in the same way that scientists study the natural world. Callebaut achieves the effect of face-to-face engagement through separate interviews with participants. Contributors include William Bechtel, Robert Brandon, Richard M. Burian, Donald T. Campbell, Patricia Churchland, Jon Elster, Ronald N. Giere, David L. Hull, Philip Kitcher, Karin Knorr Cetina, Bruno Latour, Richard Levins, Richard C. Lewontin, Elisabeth Lloyd, Helen Longino, Thomas Nickles, Henry C. Plotkin, Robert J. Richards, Alexander Rosenberg, Michael Ruse, Dudley Shapere, Elliott Sober, Ryan Tweney, and William Wimsatt. "Why can't we have both theoretical ecology and natural histories, lovingly done?"—Philip Kitcher "Don't underestimate the arrogance of philosophers!"—Elisabeth Lloyd. (shrink)

The Information Artifact Ontology (IAO) was created to serve as a domain‐neutral resource for the representation of types of information content entities (ICEs) such as documents, data‐bases, and digital im‐ages. We identify a series of problems with the current version of the IAO and suggest solutions designed to advance our understanding of the relations between ICEs and associated cognitive representations in the minds of human subjects. This requires embedding IAO in a larger framework of ontologies, including most importantly the Mental (...) Func‐tioning Ontology (MFO). It also requires a careful treatment of the aboutness relations between ICEs and associated cognitive representa‐tions and their targets in reality, which implies in turn a new treatment of the relation of truthmaking. (shrink)