Aus dem Inhalt: Views from the North: Hans Petter Graver: Law, Justice and the State: Nordic Perspectives u Jacob Dahl Rendtorff: The Danish Welfare State: Philosophical Ideals and Systemic Reality u Sigri!Dur *orgeirsdottir: Feminist Ethics and Feminist Politics u Kuellike Lengi: The Situation of Human Rights in Estonia u Einar Palsson: Pythagoras and Early Icelandic Law u Law, Discourse and Rationality: Mats Flodin: Internal and External Rationality of Legal Systems u Logi Gunnarsson: A Discourse About Discourse u Hjordi!s Hakonardottir: Legal (...) Language: A Tool of Justice u Ghita Holmstrom-Hintikka: On the Use of Expert Witness in Legal Reasoning and Inquiry u Law, State and Nation: Agust H. Ing*orsson: Democracy, Bureaucracy and Marginalization of the State u Aleksander Peczenik: Law-State, Legal Certainty and Legitimacy of Law u Ove K. Pedersen/Sverre Raffnsoe: Reorganizing Society u Juha Raikka: Mill on National Sentiment u Pall Skulason: Concepts of the State and Classes of Value u Problems of Law and Rights: Britt-Mari Blegvad: How to Cope With Uncertainty: Trust and Law u Jon Wetlesen: Animal Rights or Human Duties?. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

Retributivism is currently a keenly debated theory of punishment. In this volume, the contributors explore its various dimensions including its implications for sentencing and evaluate it against utilitarian options. Content: Jean Hampton: An Expressive Theory of Retribution u Brian Slattery: The Myth of Retributive Justice u Tim Dare: Retributivism, Punishment and Public Values u Anthony Duff: Alternatives to Punishment - or Alternative Punishments u Jerome Bickenbach: Duff on Non-Custodial Punishment u Sandra Marshall: Harm and Punishment in the Community. (Franz Steiner (...) 1992). (shrink)

The dynamic development of science and technology in the last decades has led to new challenges in jurisprudence. This holds for individual fields of doctrinal law as well as the concerned fields of jurisprudence. It is especially significant for the structure of justice, the efficiency of law as a steering instrument of society, and the empirical conditions of legal responsibility. In a jurisprudential perspective, the philosophy of law is rather engaged with the adaptiveness of its traditional principles and categories (...) or the capacity to come to terms with the new developments and less concerned with concrete matters of law. (shrink)

Aus dem Inhalt: Justice in General: E. Attwooll: Is the Idea of Justice Asymmetric? u C. L. Sheng: Injustice in Law Caused by Conflict between Equality and Equity u G. Barden: Approaches to Justice: The Economy and the State u C. Schmidt: The Concept of Justice in Economic Theory u M. Milde: Rawls, Pluralism and the Value of Contract Theory u J. Tasioulas: M. Walzer on Justice u L. Cedroni: An Ethological Approach to Law, Justice and the State uaR. Kevelson: (...) Justice as Artifice and Sign u A. Makolkin: Semiotics and Poeticity of Law and Justice u D. Ginev: Law and Morality from a Hermeneutic-Semiotic Perspective Rights in General: F. Viola: Personal Identity in the Human Rights Perspective u J.-R. Sieckmann: Justice and Rights u P. Comanducci: Justice and Rights u D. Wayand: Aboriginal Rights - Then and Now u M. Pavcnik: Argument der Grundrechte u D. B. Boersema: What's Wrong with Rights? u E. E. Dais: A Kantian Critique of Justice Holmes's Rights Theory Social and Environmental Rights: B. M. Baker: The Welfare State: Objectives, Subordinate Principles and Justifying Grounds u U. Penski: Zur Begruendung und Struktur sozialer Rechte u H. LaFolette: Two Forms of Paternalism u L. J. Mazor: Social Justice / Asocial Injustice u D. Wood: Constitutional Minimalism and the Discretionary Power of the Welfare State u u.a. (shrink)

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Modern societies often claim to be democracies in order to enjoy greater legitimacy. Still, to understand the concept of democracy and how to justify it, the definition of it as self-determined is not sufficient. A complex understanding has to take into account ideas of rule of law as well as human rights. Sometimes these three concepts compete with each other - particularly in societies with a pluralistic approach to what "the good life" should be, such as societies which are made (...) up of distinct cultural backgrounds. This book presents a concept of democracy that encompasses at the same time the ideas of rule of law, human rights and self-determination. It contains the main lectures of the XXVI World Congress of Philosophy of Law and Social Philosophy, hosted by the Internationale Vereinigung fur Rechts- und Sozialphilosophie at the Universidade Federal de Minas Gerais (Brazil) in July 2013. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating commitment sounds (...) particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; the procedural and (...) contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

This volume presents an extended version of the contributions presented at the workshop "Kant's Concept of Law" held at the 26th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR) in 2013. It handles issues of applied legal philosophy in Kant's Doctrine of Right such as ownership, the alleged right of necessity, the right of resistance and the right of revolution. With each of these applied issues, the focus lies, (...) on the one hand, on the relationship between the principles a priori of law and of the duties of rights, as well as their normative requirements - for instance, the duty of independence from the coercion by others - and, on the other hand, empirical situations and their pressing demands. Thus, this volume illustrates how Kant concretely conceives of the doctrine of "first metaphysical of the doctrine of right" as supplying "the immutable principles for any giving of positive law". Each essay of this volume not only undertakes a careful and original interpretation of Kant's theses, but also offers a critical assessment. (shrink)

The volume comprises a selection of papers delivered at the 24th IVR World Congress. All papers address the challenge of the construction of a Global Ethics in the context of fragmented and pluralist societies, in which the idea of an Ethical Space seems to be an unachievable project, but also an indispensable device for cooperation between individuals, communities and states.The idea of a Global Ethics is to be constructed from within different traditions and environments with a mutual understanding and exchange (...) of opinions. In this volume, we combine the ideas of Harmony (typical of the traditional Chinese legal philosophy) and of the Rule of Law (as it is understood in Western societies) to new ideals. By acknowledging the potential that these ideals have on a global scale, the papers of the first section, Ethical Dimensions of the Rule of Law address some of the key ethical problems in today's world. In a second section, some of the leading legal philosophers in China propose a way to incorporate the values of Harmony and of the Rule of Law into the Chinese Law and Society. (shrink)

Meeting of the Minds records the proceedings of the S.I.E.P.M. conference held in Boston from June 14-16, 1996. The conference participants centred their attention on the relationships between medieval and classical modern philosophy. These relationships have been painted in dramatically different ways by those who have presented overviews of the two eras. Hans Blumenberg, in The Legitimacy of the Modern Age and his subsequent works, discovers the seeds of modernity in the medieval authors themselves. Leo Strauss and his followers (...) see a radical difference between the classical world views of the ancients and medievals and the successive layers of modern thought. These general portraits demand specifics, and the strength of the conference, whose results are contained in this volume, was that it provided many specific examinations of concrete relations between the philosophical positions of celebrated medieval and modern thinkers. Our hope is that this collection of papers will suggest the direction for further cooperative efforts on the interplay of the philosophical views represented by these two eras, and that the issues commonly debated by the medieval and early modern thinkers represented in this volume will give renewed consideration to important philosophical points that have been ignored in more recent debates. The volume contains contributions from E. Jennifer Ashworth (Waterloo, Ontario), Allan Back (Kutztown, Pennsylvania), Jos Decorte (Leuven), Thomas Dewender (Bochum), Idit Dobbs-Weinstein (Nashville), John P.Doyle (St.Louis), Jeremiah Hackett (Columbia, South Carolina), Simo Knuuttila (Helsinki), James McEvoy (Maynooth), A.Stephen McGrade (Storrs), Edward P.Mahoney (Durham, North Carolina), James D.Maliszewski (Toronto), Emily Michael (New York), Woosuk Park (Taejon, Korea), Horacio Santiago-Otero(+) (Madrid), Alison Simmons (Cambridge, Massachusetts), Jean-Luc Solere (Paris), Jose MariSoto Rabanos (Madrid), and Eileen C. Swe. (shrink)

The Fifth International Congress of Logic, Methodology and Philosophy of Science was held at the University of Western Ontario, London, Canada, 27 August to 2 September 1975. The Congress was held under the auspices of the International Union of History and Philosophy of Science, Division of Logic, Methodology and Philosophy of Science, and was sponsored by the National Research Council of Canada and the University of Western Ontario. As those associated closely with the work of (...) the Division over the years know well, the work undertaken by its members varies greatly and spans a number of fields not always obviously related. In addition, the volume of work done by first rate scholars and scientists in the various fields of the Division has risen enormously. For these and related reasons it seemed to the editors chosen by the Divisional officers that the usual format of publishing the proceedings of the Congress be abandoned in favour of a somewhat more flexible, and hopefully acceptable, method of pre sentation. Accordingly, the work of the invited participants to the Congress has been divided into four volumes appearing in the University of Western Ontario Series in Philosophy of Science. The volumes are entitled, Logic, Foundations of Mathematics and Computability Theory, Foun dational Problems in the Special Sciences, Basic Problems in Methodol ogy and Linguistics, and Historical and Philosophical Dimensions of Logic, Methodology and Philosophy of Science. (shrink)

This book argues that Michael Oakeshott's political philosophy contributes to current debates in normative international theory and international political theory on the historical, social, and moral dimension of international society. Davide Orsi contends that the theory of civil association may be the ground for an understanding of international society as a rule-based form of moral association constituted by customary international law. The book also considers the role of evolving practices of morality (...) in debates on international justice. Orsi grounds this work on a study of Oakeshott's philosophical arguments and compares the Oakeshottian perspective to recent constructivist literature in International Relations. (shrink)

The International Panel on Social Progress is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. The IPSP has produced a report consisting of twenty-two chapters in three volumes that distills the research of these scholars and outlines what the best social science has to say about positive social change. Written in accessible language by scholars across the social sciences and humanities, these (...) volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. The authors offer a cautious optimistic conclusion: multiple ideas for social progress and better policies are already available and deserve to be tested and implemented. (shrink)

This volume addresses relations between macroscopic and microscopic description; essential roles of visualization and representation in chemical understanding; historical questions involving chemical concepts; the impacts of chemical ideas on wider cultural concerns; and relationships between contemporary chemistry and other sciences. The authors demonstrate, assert, or tacitly assume that chemical explanation is functionally autonomous. This volume should he of interest not only to professional chemists and philosophers, but also to workers in medicine, psychology, and other fields in which relationships between explanations (...) based on diverse levels of description and investigation are important. (Listed on Google books). (shrink)

This is the first of three volumes containing a report from the International Panel on Social Progress. The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible (...) futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as economic inequality and growth, finance and corporations, labor, capitalism, and social justice. (shrink)

This is the third of three volumes containing a report from the International Panel on Social Progress. The IPSP is an independent association of top research scholars with the goal of assessing methods for improving the main institutions of modern societies. Written in accessible language by scholars across the social sciences and humanities, these volumes assess the achievements of world societies in past centuries, the current trends, the dangers that we are now facing, and the possible (...) futures in the twenty-first century. It covers the main socio-economic, political, and cultural dimensions of social progress, global as well as regional issues, and the diversity of challenges and their interplay around the world. This particular volume covers topics such as world cultures and religions, families, global health, education, and the contributions of social sciences to institutional change. (shrink)

This book elaborates a new framework for considering and understanding the relationship between law and memory. How can law influence collective memory? What are the mechanisms law employs to influence social perceptions of the past? And how successful is law in its attempts to rewrite narratives about the past? As the field of memory studies has grown, this book takes a step back from established transitional justice narratives, returning to the core sociological, philosophical and legal theoretical issues that underpin (...) this field. The book then goes on to propose a new approach to the relationship between law and collective memory based on a conception of 'legal institutions of memory'. It then elaborates the functioning of such institutions through a range of examples - taken from Japan, Iraq, Brazil, Portugal, Rwanda and Poland - that move from the work of international tribunals and truth commissions to more explicit memory legislation. The book concludes with a general assessment of the contemporary intersections of law and memory, and their legal institutionalisation. This book will be of interest to scholars with relevant interests in the sociology of law, legal theory and international law, as well as in sociology and politics. (shrink)

Doctoral programs at U.S. universities play a critical role in the development of human resources both in the United States and abroad. This volume reports the results of an extensive study of U.S. research-doctorate programs in five broad fields: physical sciences and mathematics, engineering, social and behavioral sciences, biological sciences, and the humanities. Research-Doctorate Programs in the United States documents changes that have taken place in the size, structure, and quality of doctoral education since the widely used 1982 editions. (...) This update provides selected information on nearly 4,000 doctoral programs in 41 subdisciplines at 274 doctorate-granting institutions. This volume also reports the results of the National Survey of Graduate Faculty, which polled a sample of faculty for their views on the scholarly quality of program faculty and the effectiveness of doctoral programs in preparing research scholars/scientists. This much-anticipated update of such an essential reference will be useful to education administrators, university faculty, and students seeking authoritative information on doctoral programs. (shrink)

Did Chinese mysticism vanish after its first appearance in ancient Taoist philosophy, to surface only after a thousand years had passed, when the Chinese had adapted Buddhism to their own culture? This first integrated survey of the mystical dimension of Taoism disputes the commonly accepted idea of such a hiatus. Covering the period from the Daode jing to the end of the Tang, Livia Kohn reveals an often misunderstood Chinese mystical tradition that continued through the ages. Influenced by but (...) ultimately independent of Buddhism, it took forms more various than the quietistic withdrawal of Laozi or the sudden enlightenment of the Chan Buddhists. On the basis of a new theoretical evaluation of mysticism, this study analyzes the relationship between philosophical and religious Taoism and between Buddhism and the native Chinese tradition. Kohn shows how the quietistic and socially oriented Daode jing was combined with the ecstatic and individualistic mysticism of the Zhuangzi, with immortality beliefs and practices, and with Buddhist insight meditation, mind analysis, and doctrines of karma and retribution. She goes on to demonstrate that Chinese mysticism, a complex synthesis by the late Six Dynasties, reached its zenith in the Tang, laying the foundations for later developments in the Song traditions of Inner Alchemy, Chan Buddhism, and Neo-Confucianism. (shrink)

Despite the fact that in recent years there has been an active trend of growth of freedom of expression in Kazakhstan, domestic legislative and judicial practice lags far behind international standards. The purpose of the study is to examine the legal situation concerning freedom of expression in Kazakhstan, particularly with regard to the functioning of the media, and to find ways to effectively ensure and adequately regulate this issue in law. The methodological approach is based on the dialectical method (...) used to investigate the content and legal foundations of freedom of speech, synthesis, analysis, and comparative legal method. The results obtained provide an opportunity to analyse the state of national legislation in the sphere of implementation and protection of the right to freedom of expression, as well as to identify the largest gaps in this sphere and their subsequent resolution. The investigation of international legal experience and a comparative analysis allow identifying a significant difference between the legislations of countries with a high index of press freedom and freedom of speech, and Kazakhstan. This research is of critical importance for the development of the human rights and freedoms protection sector, as well as journalism, especially given the current situation in the Republic associated with strict state control over the activities of the media, the inability to express and publicly broadcast opinions and ideas that are unfavourable for the ruling circles. (shrink)

Concepts of International Relations, for Students and Other Smarties is not a stereotypical textbook, but an instructive, entertaining and motivating introduction to the field of International Relations (IR). Rather than relying on figures or tables, Concepts of International Relations, for Students and Other Smarties piques the reader's interest with a pithy narrative that presents apposite nutshell examples, stresses historical breaks and throws in the odd pun to get the big picture across. While there are other brief, introductory (...) IR titles, Iver Neumann's book remains fully within the academic genre, and is comparatively long on history. It is based on his repeatedly offered introductory lectures to first-year IR students and students from other disciplines looking for an overview course at the LSE. With a relaxed lecturing style, this textbook introduces the long-term historical emergence of concepts such as state (European), state (global), empire, non-state agents, foreign policy, state system, nationalism, globalization, security, international society, great powers, diplomacy, war and peace, balance of power, international law, power and sovereignty, intervention, gender and class. It demonstrates how such phenomena have been understood in very different ways. First, the reader is alerted to how the use of concepts is an integrated part of politics. Secondly, the reader is sensitized to how social change has worked in the past, and is working now. Thirdly, the book demonstrates how historical and social context matters in ongoing international relations. (shrink)

Documents a decade that saw the Association begin negotiations to merge with the Western Philosophical Association that later led to the original organization becoming the Eastern Division of an expanded Association, and a world war that divided friends and colleagues across both geographical and political lines. The addresses, therefore, take on internal and external politics and are often tinged with tragedy. The topics include the problem of transcendence, Bergson and pragmatism, time and the experience of time, the (...) ethics of states, the doctrinaire in a time of crisis, the psychology of punitive justice, art and the democracy, the social significance of education, and the attack on the state. Biographical sketches and photographs are provided for the speakers. Annotation copyrighted by Book News, Inc., Portland, OR. (shrink)

When we ask whether something exists, we expect a yes or no answer, not a further query about what kind of existence, how much of it, whether we mean existence for you or existence for me, or whether we are asking about some property which it might have. In this book, this simple requirement is defended and pursued into its various and sometimes surprising implications. In the course of this pursuit, such questions arise as `Do appearances exist?' `Do unknowable things (...) exist?' `Do past and future exist?' `Does God necessarily exist?' This novel and non-technical approach to important philosophical questions will be of interest to senior students of philosophy and, indeed, to all general readers with philosophical interests. (shrink)