The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and (...) the superiority of civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

It is my contention that the law has its origins and derives its authority from moral precepts; and this morality is not dead, but is a live spirituality and ultimately depends on connection with the divine. In the spirit of the law, what is mercy and the admonition to love one's fellow humans as oneself and its application in the new millennium? If this view is accepted it has profound implications for the way law is practised. The implications for (...) the role of customary law in the legal decision-making process and the recognition of indigenous rights generally are affected. (shrink)

This article explores the future impact of an African renaissance with a specific emphasis on information ethics to address the needs of the emerging virtual realm. The four main focus areas include the technologi-cal challenges to deploy ICT infrastructure to enable the delivery of information to the people and to allow for new means of communication. The second focus considers the economic obstacles that need to be consi-dered in the quest to empower average citizens to exercise their right to access (...) information. The third focus addresses the linguistic and cultural realities that hinder the adoption of some ICTs. The final focus considers the legal framework that has to be developed and strengthened to establish citizen‘s rights of access and privacy in cyberspace. (shrink)

As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ?spirit of sport? as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the claims made. (...) For a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity. (shrink)

There are two Habsburg empires in our minds: One – that of Stefan Zweig and Joseph Roth – evokes melancholy and a sense of loss, a yearning not for simpler but perhaps more colourful, less exacting...

This open access book seeks to identify the ethical spirit of European Union law, a context in which we can observe a trend towards increasing references to the terms ‘ethics’ and ‘morality’. This aspect is all the more important because EU law is now affecting more and more areas of national law, including such sensitive ones as the patentability of human life. Especially when unethical behaviour produces legal consequences, the frequent lack of clearly defined concepts remains a challenge, particularly (...) against the background of the principle of legal certainty. This raises the question to which extent the content of these references is determined and whether it is possible to identify an ethical spirit of EU law. Answering that question, in turn, entails addressing the following questions: In references to ethics concerning EU law, can we identify references to a particular theory of practical philosophy at all; and, if so, to one or more normative ethical theories? Further, should these non-legal concepts be imported in an unaltered way, or be adapted to the legal context? This book explores the different layers of EU law, including the role of ethics in EU lawmaking and in EU case law, as well as the implementation of relevant EU directives in selected Member States. In addition to the above-mentioned normative philosophical lens, the book also analyzes the findings from the legal lens of EU integration, i.e., especially EU values, human rights and the cornerstone of human dignity. (shrink)

Beheld in terms of international law, its subjects such as states, governments or international organizations always communicate with each other based on the spirit of the provisions of the field of international law.In the framework of the breaches, respectively the deliberate violation of these provisions, is the case of the so-called "Gulenists", where all the links of the system under which the extradition matter is built upon, are exempted.Our country will keep this stain for a long time, while in (...) the archives of justice it will be treated as a case that should not have happened, always based on the commitment to the strict implementation of the provisions of the field of international law that our state has always had. At least they should have been held accountable, even criminally; hence, such cases to have never been repeated in our country.The lack of criminal accountability of the actors-senior state officials directly implicated in this case has left scars in our system, which at that moment is widely considered as a delayed system, while at an instant the whole commitment in this direction is shaken.This stain could have been avoided post festum - even in the circumstances when it happened, that is, even in the situation when all the political actors had been implicated in this case.In this regard, whilst analyzing the provisions we can assume that despite the deficiencies and continuously looking at the volume of legal provisions of this law, yet, we can consider that our system in this area has advanced and has ongoing initiatives to improve this system to the extent that could meet the requirements in relation to the dynamics of social and international relations. (shrink)

SummaryIn the Social Contract, Rousseau predicted that Europe would experience a cycle of increasingly intense wars, culminating in invasion from the east: first, Russia would conquer Europe's exhausted and war-torn states; then, Russia would itself become overextended and Europe would ultimately be overrun by the Tartars. The future of the modern state would be a version of the fall of Rome. The present essay provides an explanation of why Rousseau held such apocalyptic views by placing them in the context of (...) projects to reform Europe's political economy in the aftermath of the Seven Years’ War. In 1767, when Catherine the Great was planning a major revision of the Russian legal code, she outlined her goals in a manifesto called the Grand Instruction, key sections of which were derived from Montesquieu's analysis of depopulation of the countryside caused by uncontrolled industrialisation. The Grand Instruction became the subject of a critical exchange between the Physiocrat Le Trosne and Diderot, who, drawing upon Rousseau, was by turns both sympathetic to and sceptical of Physiocracy. This discourse reveals a triangular debate about the possibility of stabilising the international order by imposing a balance between the agricultural and manufacturing sectors of Europe's rapidly growing economies. (shrink)

In comparison with the creation of language, translation from one language to another offers greater challenges for those working with languages, be the text for translation concerned with philosophy, literature or law, all of which are arguably highly professional domains. When it comes to the translation of legal fiction, a highly interdisciplinary genre, even experienced practicing translators tend to fall short of being well equipped with sufficient legal knowledge and terminologies, not to mention the capacity to detect the subtleties that (...) are inherent in a legal term. All of the problems above account for the often less-than-satisfactory quality of legal fiction in translation, misleading or confusing the potential target audience. After making the prior theoretical investigations, this paper attempts to analyze some problems in the current Chinese translation of such legal novels as Franz Kafka’s Der Prozess and Charles Dickens’s Bleak House, and then take a corrective stance, hoping to arouse the translators’ awareness of the importance of this genre, as well as their awareness of the essential professional skills they still need to acquire, so that they can reach equivalent accuracy in legal technicalities, as well as subtlety and nuance that reflect the legal spirit. (shrink)

In this paper, I argue for the existence of pathologies of juridicism. I attempt to show that the Western regime of right tends to colonize our intersubjective relations, resulting in the formation of affective and habitual dispositions that actually hinder participation in social life. Speaking of pathologies of juridicism is to claim that the legal form fundamentally contaminates the way in which we relate to ourselves, to others, and to the world, resulting in an ethically deformed, distorted or deficient form (...) of subjectivity. To support my thesis I consult a philosopher, whose work still provides a powerful analysis and critique of juridicism, namely, Hegel. Hegel provides an historic and a systematic theory of the pathologies of juridicism. His historical theory locates the origin of the abstract subjectivity of right in Roman antiquity. His systematic theory understands the negative effects of an absolutization of the legal domain as a persistent threat to social integration and an individual’s pursuit of the good life. I clarify these argumentative dimensions in two steps, beginning with Hegel’s historical analysis of right in his Lectures on the Philosophy of History. I then reconstruct Hegel’s critique of the subjectivity of right in the short chapter on the ‘Condition of Right’ in his Phenomenology of Spirit. In conclusion, I argue that, although Hegel’s diagnosis is correct, his prescribed therapy must fail: instead of radically altering abstract right in terms of content and form, it only recommends its complementation through other ethical spheres. (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 renewal of Jewish sovereignty in 1948 created a grave challenge to Jewish tradition. As a system that was constructed in exile for a non-sovereign society, Jewish law was lacking "laws of state." The legitimacy of military action and the distinction between just and unjust wars are prime examples of fundamental issues that Jews did not have to confront for a very long period of time. This article examines contemporary Jewish legal responses to the challenges posed by the creation of (...) the Israeli military. It focuses on the efforts of Rabbi Shlomo Goren, the first Chief Rabbi of the Israel Defense Forces, to create a modern corpus of Jewish law and ethics relating to war and the military. The Diaspora-based rabbinic literature seemed to oppose the use of force, reinterpreting Biblical references to military heroism as allegorical expressions of valor in the study of Torah. In an attempt to create an approach that legitimized the use of force while, at the same time, maintaining the rabbinic moral compunction regarding reliance on force, Rabbi Goren’s innovative corpus integrated Biblical and rabbinic sources, as well as pre-rabbinic apocryphal and historical sources. His writings on the subject are studied on a historical level, trying to uncover the various personalities and ideological positions to which he reacted. Rabbi Goren’s approach is examined through an analysis of his views on the proper treatment of the enemy and on the Peace for Galilee War in Lebanon. He advocated a balance between power and spirit, a balance that is also reflected in the personal internal harmony of Rabbi Goren himself: a merger of two worlds — the traditional student of the rabbinic study hall and the modern Jewish military officer — worlds by which he was influenced, between which he was torn, and that he tried to synthesize. (shrink)

In accordance with the spirit of the Third Plenary Session of the Eleventh Central Committee of the Chinese Communist Party [December 1978], Comrade Hua Guofeng, in his "Report on the Work of the Government" delivered to the Second Session of the Fifth National People's Congress [address of June 18, 1979], provided a thorough discussion on the strengthening of socialist democracy and improvement of the socialist legal system. This session of the Congress solemnly passed the Electoral Law, the Criminal Law, (...) the Law of Criminal Procedure, and other important laws, opening a new chapter in the establishment of democracy and law in our nation. This is highly significant as a major turning point for workers throughout the nation, lifting the historical lid at all levels so that we may proceed with the four modernizations with a common mind and purpose throughout the nation, to further develop democracy and fulfill the establishment of the legal system. This will affect the consolidation and development of the state system of the dictatorship of the proletariat. It will protect the personal interests of the people, prevent the revival of counterrevolutionaries, and guarantee the realization of the four modernizations. (shrink)

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the (...) proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal _formants_ and as _signs_ and _meta-concepts._. (shrink)

Modern neurotechnologies are rapidly infringing on conventional notions of human dignity and they are challenging what it means to be human. This article is a survey analysis of the future of the digital age, reflecting primarily on the effects of neurotechnology that violate universal human rights to dignity, self-determination, and privacy. In particular, this article focuses on neuromarketing to critically assess potentially negative social ramifications of under-regulated neurotechnological application. Possible solutions are critically evaluated, including the human rights claim to the (...) ‘right to mental privacy’ and the suggestion of a new human right based on spiritual jurisdiction, where the human psyche is a legal space in a substantive legal setting. (shrink)

Critical theory spelled out as learning progress in the medium of law can hardly do anything but retrospectively smooth out any elements of social struggles that deviate from the objective spirit. This comment argues that the voices of those who neither are in nor have been allowed entry into the learning process are hardly visible any more in the gray light of the coming twilight from which the learning processes are described. It does so by questioning the role of (...) the global South in Brunkhorst’s book and aims at scenting out blind spots in Brunkhorst’s narration of the connection between international law and the liberation movements of the South. (shrink)

Drawing from a variety of Hegel’s writings, Shannon Hoff articulates a theory of justice that requires answering simultaneously to three irreducibly different demands: those of community, universality, and individuality. The domains of “ethicality,” “legality,” and “morality” correspond to these essential dimensions of human experience, and a political system that fails to give adequate recognition to any one of these will become oppressive. The commitment to legality emphasized in modern and contemporary political life, Hoff argues, systematically precludes adequate recognition (...) of the formative cultural contexts that Hegel identifies under the name of “ethical life” and of singular experiences of moral duty, or conscience. Countering the perception of Hegel as a conservative political thinker and engaging broadly with contemporary work in liberalism, critical theory, and feminism, Hoff focuses on these themes of ethicality and conscience to consider how modern liberal politics must be transformed if it is to accommodate these essential dimensions of human life. (shrink)

This chapter contains sections titled: Hegel and Religion The Experience of Religion The Concept of Religion References Further Reading.

The objectives were to deeply study the impact of new entrepreneurial spirit on the cultivation of entrepreneurial values and entrepreneurial ability of college students. First, the influencing factors of college students' entrepreneurial values were analyzed based on new media, entrepreneurial spirit, entrepreneurial values, and other related theories. Second, the corresponding questionnaire was designed and elaborated on the four aspects of college students' entrepreneurial values, namely, entrepreneurial competence, entrepreneurial risk, and entrepreneurial ethics. Finally, the data results of the questionnaire (...) were studied. The results show that in entrepreneurial values of college students, they believe that entrepreneurship is the most important for personal development, with an overall average of 3.86. In the point of view of entrepreneurial competence, they think that independent learning ability plays a significant role in entrepreneurship, with an average of 3.91. In the view of entrepreneurial ethics, they consider that the law is the most crucial during the entrepreneurial, with an average value of 4.35. It means that college students still have certain legal knowledge. After analyzing the results of the questionnaire on entrepreneurial factors, it is found that college students lack social experience and have a low ability to take risks. Meanwhile, entertainment is the first choice for college students on new media platforms, and the time of viewing is more than 5 h/day. Therefore, the influence of new entrepreneurial spirit is researched on the cultivation of entrepreneurial values and entrepreneurial ability of college students, which provides a new theoretical basis and optimization direction for entrepreneurial education in universities in the future. (shrink)

ABSTRACT English-language commentary on the role of the French Revolution in Hegel’s Phenomenology of Spirit tends to equate the so-called “fury of destruction” (Furie des Verschwindens) with the violent dialectic of rival factions’ rush for power. Here it is argued that “Absolute Freedom and Terror” ought instead to be read in the light of a “fury of disappearance”, namely in terms of the extinction of dissenting citizens’ legal personhood. This is achieved by recourse to civil death, a criminal sentence (...) that declares the individual, who is very much alive, legally dead. While there are some actual and quite painful consequences for recipients of such a sentence, civil death is effective mainly on the philosophical and constitutional planes, where it maintains the illusion of a unanimous general will, fleetingly securing the state from failure. A focus on personhood and civil death also taps into the larger Hegelian dialectic of legalism and tradition, and into the various shapes community life takes therein, beginning with Greek Ethical Life, and ending in Absolute Freedom and Terror. (shrink)

Nietzsche and Legal Theory is an anthology designed to provide legal and socio-legal scholars with a sense of the very wide range of projects and questions in whose pursuit Nietzsche's work can be useful. From medical ethics to criminology, from the systemic anti-Semitism of legal codes arising in Christian cultures, to the details of intellectual property debates about regulating the use of culturally significant objects, the contributors (from the fields of law, philosophy, criminology, cultural studies, and literary studies) demonstrate and (...) enact the sort of creativity that Nietzsche associated with the "free-spirits" to whom he addressed some of his most significant work. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Democracy, Spirit, and RevitalizationWalter B. Gulick (bio)The assumptions of democracy as an associational ethos of vulnerable life are, first, that we don't already know how best to order our common life and, second, that we don't know what the abstract ideals of empathy, emancipation, and equity entail in the concrete.—Michael Hogue1In American Immanence: Democracy for an Uncertain World, Michael S. Hogue grounds his proposal for a political theology (...) in a critique of American exceptionalism and its supportive "redeemer symbolic."2 In the Anthropocene era, Hogue states, American exceptionalism "legitimates the extraction of diverse forms of value and justifies the externalization of diverse costs" (29) with unconscionable costs to the natural environment and international justice. As indicated in the passage quoted above, Hogue's reaction to the rigid assumptions supportive of American exceptionalism is to offer a humble acknowledgement of political fallibility coupled with what he terms "a theopolitics of resilient democracy" (184; see also 3–6).My concern in this essay is largely practical. I will focus on discerning what intellectual, emotional, and communal resources might be drawn upon to further develop and actually effect the needed changes that Hogue so ably points out. Relatedly, I will inquire into who the most likely candidates are to devote energy to the reconstruction of social structures and practices so that they express values that Americans at their best uphold. Finally, I will reflect upon the role that spiritual ideals and communal practices might play in energizing effective democratic action. [End Page 5]I. Hogue's Critical and Constructive TasksHogue's overriding interest is to outline an epistemic/axiological/environmental/political stance that does not give rise to the various sorts of injustices and dysfunctions that mark the Anthropocene era, especially our allegiance to policies that eventuate in what he calls "climate wickedness." The alternative vision he embraces develops pragmatic naturalism as a method of inquiry and exposition. His reflections are especially indebted to the thought of Dewey, James, and Whitehead (78–82). During a time when e-words are normally associated with forms of electronic communication, Hogue offers instead two trios of e-words with another sort of significance—one that signifies a stance he wishes to overcome and one that communicates what he hopes to achieve. Our current era is unfortunately in thrall, he says, to extraction, externalization, and exception, whereas what we should strive for is a society marked by empathy, emancipation, and equitability. Well put. He presupposes that democratic governance, deeply embedded in American history, ought to serve as the vehicle for achieving what the positive set of e-words promotes. To this end, Hogue quotes appreciatively from Dewey's article, "Democracy is Radical": Democracy "is radical because it requires great change in existing social institutions, economic, legal and cultural" (170). This understanding of democracy slumbers now; what might it take to reawaken it? And if reawakened, what changes might be made to establish the more nearly equitable political influence that is basic to the promise of democracy?Hogue, recognizing in good pragmatic fashion the importance of consequential change, states, "In contrast to foundationalist commitments to antecedents and precedents, pragmatic naturalism commits to a prospective concern with consequents" (80). Foundational commitments to antecedents may certainly impede needed change, but surely attention to the historical events and practices that gave rise to current problems is needed to avoid repeating previous errors. Hogue refers to Whitehead's vision of social symbolism, suggesting that "social change can be catalyzed by the improvised revision of existing symbolic repertoires or the innovative formation or subversive interjection of new symbols" (99). I'm not fully convinced by Whitehead's claim. I suspect that many of our social problems are rooted below the linguistic level in an array of affective issues that elude symbolic adjustment. New strategies are needed to counter the prevalence of fear and resentment in society as promoted for political and commercial reasons and tied to Hogue's strongly voiced recognition that we live in an uncertain world.Here is my understanding of how Hogue both frames our current social and cultural situation and what he says might begin to remediate these circumstances. [End Page... (shrink)

For various reasons, that will be recalled and analysed throughout this paper, interdisciplinarity has become the keyword for any debate on legal education reform. However, what is meant by interdisciplinarity and how it should be achieved is open for discussion. Paradigms of “scientificity” of the law vary dramatically among legal cultures. Whereas in the US the advent of a more ‘substantial’ legal thought after the New Deal went hand in hand with the rise of the interdisciplinary paradigm, in Europe the (...) traditional assumption of law’s autonomy has repeatedly been challenged, eroded and adapted, but it still represents the bulwark of the orthodox approach to law and legal scholarship. In the Continent, mainstream legal scholarship does not take as its object the social reality, but only the gamut of rules recognized as binding norms. Coherent with this approach is a model of legal education built around certain axioms, such as the statist and nationalist attitude, the extreme compartmentalization among the various branches of law, and the blindness to its surroundings. Comparative law is one of the few disciplines that provide a different role model for a legal scholar who is apt to confront the challenges of complex societies. Keeping at a reasonable distance the authority paradigm, embodying the spirit of enquiry and cherishing the values of pluralism (both in terms of legal pluralism and cognitive openness), comparativists may give specific content to the paradigm of the jurist as a social engineer. Comparative law may therefore offer an invaluable contribution to the debate on legal education reform. (shrink)

John Dewey and the spirit of pragmatism, by H. M. Kallen.--Dewey and art, by I. Edman.--Instrumantalism and the history of philosophy, by G. Boas.--Culture and personality, by L. K. Frank.--Social inquiry and social doctrine, by H. L. Friess.--Dewey's theories of legal reasoning and valuation, by S. Ratner.--John Dewey and education, by J. L. Childs.--Dewey's revision of Jefferson, by M. R. Konvitz.--Laity and prelacy in American democracy, by H. W. Schneider.--Organized labor and the Dewey philosophy, by M. Starr.--The desirable and (...) emotive in Dewey's ethics, by S. Hook.--John Dewey's theory of inquiry, by F. Kaufman.--Dewey's theory of natural science, by E. Nagel.--Concerning a certain Deweyan conception of metaphysics, by A. Hofstadter.--Dewey's theory of language and meaning, by P. D. Wienpahl.--Language, rules, and behavior, by W. Sellars.--The analytic and the synthetic: an untenable dualism, by M. G. White.--John Dewey and Karl Marx, by J. Cork.--Dewey in Mexico, by J. T. Farrell. (shrink)

The idea of a state of emergency connotes more than that there is an exceptional political situation which requires an urgent response, one different in nature from normal methods of dealing with political problems. The ‘state’ part of the idea indicates the legally performative, illocutionary nature of the declaration of a state of emergency. A state of emergency is created by the properly formulated speech act of an official with authority to do so. Officials always claim that the declaration responds (...) accurately to the reality of an exceptional situation. But the declaration is supposed to create a new normative order in which governments may act in ways that in ordinary times would be illegal. Thus the idea of a state of emergency is a legal, even constitutional idea. As such, it is strange to the point of paradox. (shrink)

Many feminist and other interpreters of the Phenomenology of Spirit have misconstrued the motive behind Hegel’s representation of ethical life and his assessment of Antigone’s agency in its downfall. Upon developing an alternative interpretation, based on Hegel’s challenge of ethical life’s purportedly immediate reading of the meaning of sexual difference, this paper assesses several prominent feminist interpretations in its light. Hegel’s critique of the unstable and unsustainable relationship between nature and law, or sexual difference and legal identification, is shown (...) to constitute a valuable resource for contemporary feminist and legal approaches to the politically volatile negotiation of nature and culture and the critique and elaboration of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Solidarity: From Civic Friendship to a Global Legal CommunityPaul HendricksonThe University of South Carolina. Hauke Brunkhorst. Cambridge: MIT Press, 2005. Pp. xxv + 262. $42.50, hardcover.Public appeals to solidarity have been pervasive throughout the storied history of political dissent and democratic politics. From the French Revolution and the European revolutions of 1848 to decolonization, Polish Solidarność, and the antiglobalization movement, solidarity has been invoked as a means of (...) reinventing citizenship, rights, and community. Yet political theorists have not generally accorded the concept of solidarity a degree of attention comparable to that afforded other core political concepts, such as freedom, equality, and deliberation. In Solidarity, Hauke Brunkhorst seeks to remedy this neglect, arguing that the concept of solidarity should be deemed fundamental to democratic theory and practice: "In modern societies, solidarity coincides with the concept of democracy" (xxiii). Brunkhorst presents this thesis as a corrective to current theory, but he also develops it—in the spirit of much Frankfurt School theorizing—as a Zeitdiagnose, as a timely diagnosis, regarding the threats globalization poses to democratic self-governance: "Power, law, and money are globalized [today] at the expense of democratic solidarity" (7).Solidarity, as Brunkhorst understands it, is a thoroughly modern concept. The "ideas of 1789"—in particular, the fraternité of the French Revolution—provided the historical foundation for an egalitarian and democratic model of solidarity. Over the course of the nineteenth century, the concept of solidarity [End Page 343] gradually replaced that of fraternity in the wake of industrialization. Drawing on Marx, Brunkhorst argues that what promoted working-class solidarity was "not the local sympathy of communal relations or the friendly affection... of a tightly structured polis," but rather the railway, the steamship, and the telegraph (60). Brunkhorst's historiography is woven into a broad social-theoretic framework. Following Durkheim, he reasons that the modern division of labor is not founded on the mechanical solidarity of Gemeinschaft, on a shared sense of affinity, ritual, and communal belonging, but on the organic solidarity of Gesellschaft, on the integration of an individualized, pluralist, and functionally differentiated society.To readers acquainted with contemporary German appropriations of the sociological tradition, many of Brunkhorst's conceptual moves will seem familiar. But his unique fusion of social-theoretic and historical argumentation yields a fascinating and novel characterization of solidarity. For Brunkhorst, solidarity is not a form of sentiment or emotional bond; it is not premised on compassion for "tormentable bodies" (Brecht) or on a "flexible feeling of sympathy" (Rorty); rather, "it is nothing but the democratic realization of individual freedom" (3). This normative model of solidarity is guided by the regulative ideal of a political association without domination; it envisages a polity in which the individual is neither servant nor master to her compatriots. As modes of governance become increasingly globalized, democratic forms of solidarity must reach beyond the rights traditions of particular nation-states to include a "human-rights patriotism."Brunkhorst traces this ideal back to Greco-Roman antiquity and the Judeo-Christian tradition. Drawing principally on the writings of Greek and Roman philosophers, he argues that civic friendship (philia) provided a space for mutual freedom, emancipated individuals from the bonds of kinship, generalized friendship into a form of patriotism (philia politike), and realized the universal essence of man as a political being. But this civic-republican model remained profoundly elitist, excluding the many on the basis of gender, class, and citizenship status. More suggestive and original is Brunkhorst's treatment of Jewish and Christian thought. The intersection between rhetoric and philosophy is central to his interpretation of the Exodus story and covenant theology as a form of collective countermemory and as a prophetic practice of critique. Through his reading of the Jotham fable and other biblical narratives, he argues that the Jewish prophets and the Christian New Testament avowed "the equal proximity of all humans to God" and contributed to a "prophetic project of egalitarian solidarity" (33, 36). [End Page 344]Brunkhorst's historical reconstructions culminate in the French Revolution. On his view, the otherworldly universalism of the Judeo-Christian tradition was secularized and institutionalized in the Declaration of the Rights of Man and Citizen (1789) and the first French... (shrink)

This collection of essays takes as its starting point Arthur Ripstein's Force and Freedom: Kant's Legal and Political Philosophy, a seminal work on Kant's thinking about law, which also treats many of the contemporary issues of legal and political philosophy. The essays offer readings and elucidations of Ripstein's thought, dispute some of his claims and extend some of his themes within broader philosophical contexts, thus developing the significance of Ripstein's ideas for contemporary legal and political philosophy. -/- All of the (...) essays are contributions to normative philosophy in a broadly Kantian spirit. Prominent themes include rights in the body, the relation between morality and law, the nature of coercion and its role in legal obligation, the role of indeterminacy in law, the nature and justification of political society and the theory of the state. This volume will be of interest to a wide audience, including legal scholars, Kant scholars, and philosophers with an interest in Kant or in legal and political philosophy. (shrink)

The theory of justice is one of the most intensely debated areas of contemporary philosophy. Most theories of justice, however, have only attained their high level of justification at great cost. By focusing on purely normative, abstract principles, they become detached from the sphere that constitutes their “field of application” - namely, social reality. Axel Honneth proposes a different approach. He seeks to derive the currently definitive criteria of social justice directly from the normative claims that have developed within Western (...) liberal democratic societies. These criteria and these claims together make up what he terms “democratic ethical life”: a system of morally legitimate norms that are not only legally anchored, but also institutionally established. Honneth justifies this far-reaching endeavour by demonstrating that all essential spheres of action in Western societies share a single feature, as they all claim to realize a specific aspect of individual freedom. In the spirit of Hegel’s _Philosophy of Right_ and guided by the theory of recognition, Honneth shows how principles of individual freedom are generated which constitute the standard of justice in various concrete social spheres: personal relationships, economic activity in the market, and the political public sphere. Honneth seeks thereby to realize a very ambitious aim: to renew the theory of justice as an analysis of society. (shrink)

A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of (...) textualism: in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges. (shrink)

The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. (...) Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law. (shrink)

Expanded from the Chief Rabbi of South Africa's doctoral thesis, Defending the Human Spirit explores the Torah's legal system compared to Western law.

RESUMEN: El pensamiento jurídico de Hegel se plasma en al menos tres obras publicadas en vida del autor, la Fenomenología del espíritu, la Enciclopedia de las ciencias filosóficas y la Filosofía del derecho. La complejidad al abordar el tratamiento hegeliano del Derecho en general y del Derecho Penal en particular radica fundamentalmente en una falta de consideración de su lugar sistemático en su obra y de su articulación con el resto del pensamiento hegeliano. En este trabajo, ofrezco una interpretación del (...) fundamento del Derecho Penal que considere tanto la ubicación sistemática de lo jurídico como también aspectos generales del pensamiento hegeliano.ABSTRACT: Hegel’s legal thought has been considered in at least three works published while the author was alive: the Phenomenology of Spirit, the Encyclopedia and the Philosophy of Right. The main problem while considering Hegel’s treatment of Penal Law is based on a lack of attention to its systematic location on Hegel’s work and a lack of articulation between the legal subject and the Hegelian thought. In this paper, I offer an interpretation on the grounds of the Penal Law. This interpretation takes into account the systematic location of the legal subject and main aspects of Hegel’s philosophy.PALABRAS CLAVE: Hegel, delito, Derecho, castigo.KEYWORDS: Hegel, crime, Law, punishment. (shrink)

A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism (...) for the emergence of textualism: In a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (Ntotal = 5495) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)

Though it is legally permissible to kill combatants in war,unless they are rendered hors de combat,the existence of Naked Soldiers raises an important moral question: should combatants kill vulnerable enemy combatants or show mercy towards them? Most philosophers who address this question argue that it is morally permissible to kill the Naked Soldier given the extended notion of self-defense during war. They ground their arguments in a form of collectivism. In this essay, I use Larry May’s argument. He offers an (...) approach that extends the principle of discrimination that would also apply to combatants. Instead of assuming all combatants are de facto dangerous,this approach would allow for nuance in targeting the enemy and showing mercy when enemy combatants clearly pose no danger, in other words, when they are Naked Soldiers. I defend this view against two criticisms: Noam Zohar’s view of armies as complex collectives and Stephen Deakin’s view that a policy that spares Naked Soldiers would be open to abuse. I argue that it is not only morally suspect to kill Naked Soldiers, but also it is within the spirit of both international laws governing war and the just war tradition to offer mercy whenever possible. (shrink)

Over the last two decades, the ethical implications of patents for biological materials and processes have been the subject of spirited public debate between the many individuals and groups on which the patent system impacts. Whereas copyright, trade marks, and other species of Intellectual Property Rights (IPR) are widely acceptable, the patent system evokes criticism from many quarters, especially in relation to the legal protection of inventions in the Life Sciences. Some of these criticisms expressed by prestigious public organisations are (...) addressed here from the patent professional standpoint. (shrink)

In 2011, the Middle East saw more people peacefully protesting long entrenched dictatorships than at any time in its history. The dictators of Tunisia, Egypt, and Yemen were deposed in a matter of weeks by nonviolent marches. Imprecisely described as 'the Arab Spring', the revolution has been convulsing the whole region ever since. Beyond an uneven course in different countries, Philosophy of Nonviolence examines how 2011 may have ushered in a fundamental break in world history. The break, the book argues, (...) is animated by nonviolence as the new spirit of the philosophy of history.Philosophy of Nonviolence maps out a system articulating nonviolence in the revolution, the rule of constitutional law it yearns for, and the demand for accountability that inspired the revolution in the first place. Part One--Revolution, provides modern context to the generational revolt, probes the depth of Middle Eastern-Islamic humanism, and addresses the paradox posed by nonviolence to the 'perpetual peace' ideal. Part Two--Constitutionalism, explores the reconfiguration of legal norms and power structures, mechanisms of institutional change and constitution-making processes in pursuit of the nonviolent anima. Part Three--Justice, covers the broadening concept of dictatorship as crime against humanity, an essential part of the philosophy of nonviolence. It follows its frustrated emergence in the French revolution, its development in the Middle East since 1860 through the trials of Arab dictators, the pyramid of accountability post-dictatorship, and the scope of foreign intervention in nonviolent revolutions. Throughout the text, Professor Mallat maintains thoroughly abstract and philosophical arguments, while substantiating those arguments in historical context enriched by a close participation in the ongoing Middle East revolution. (shrink)

Epistemic and practical interests are often in conflict. This also occurs in institutional settings such as the legal one. Rule 407 of the U.S. Federal Rules of Evidence is an example of that because it sacrifices some epistemic interests in favour of practical ones. It is the rule on subsequent remedial measures (SRM), which is mainly designed to answer a practical concern (reducing accidents) instead of the epistemic one of getting some evidence to find out whether the defendant was negligent (...) or whether there was a defect in a product. Some commentators and courts think that the rationale of the rule is more complex and deserves a more careful discussion, as this paper shows. Additionally, this paper discusses a modification proposal (from categorical ban of SRM evidence to case‐by‐case decision) and develops some theoretical considerations, in the spirit of philosophical pragmatism, on the best way to conceptualize the problem addressed. The idea is to see such conflicts as conflicts of goals and to explain them in terms of the incompatible desires that we happen to have. (shrink)

Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework (that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic (...) framework, attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices. He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean perspective, salient features of legal studies. (shrink)

The transcripts of the three Kyoto School roundtable discussions of the theme of 'The standpoint of world history and Japan' may now be judged to form the key source text of responsible Pacific War revisionism. Published in the pages of Chuo Koron, the influential magazine of enlightened elite Japanese opinion during the twelve months after Pearl Harbor, these subversive discussions involved four of the finest minds of the second generation of the Kyoto School of philosophy. Tainted by controversy and shrouded (...) in conspiratorial mystery, these transcripts were never republished in Japan after the war, and they have never been translated into English except in selective and often highly biased form. David Williams has now produced the first objective, balanced and close interpretative reading of these three discussions in their entirety since 1943. This version of the wartime Kyoto School transcripts is neither a translation nor a paraphrase but a fuller rendering in reader-friendly English that is convincingly faithful to the spirit of the original texts. The result is a masterpiece of interpretation and inter-cultural understanding between the Confucian East and the liberal West. Seventy years after Tojo came to power, these documents of the Japanese resistance to his wartime government and policies exercise a unique claim on students of Japanese history and thought today because of their unrivalled revelatory potential within the vast literature on the Pacific War. The Philosophy of Japanese Wartime Resistance may therefore stand as the most trenchant analysis of the political, philosophic and legal foundations of the place of the Pacific War in modern Japanese history yet to appear in any language. (shrink)

The analysis demonstrates that for Plato the principal aim of punishment is not the defence of values acknowledged by the legal system nor the well being of the state, but the good of the individual – his personal development, which is, first of all, moral development. This development consists of the attainment of the greatest – situated on the level of existence – excellence of the subject, which is the virtue of justice, an inner unity based on inner regularity, order, (...) harmony and straightness. Attainment of the virtue of justice is likewise the attainment of happiness. In principle, punishment ought to be adapted and proportionate not to the act committed, but to the state of the subject, the state of his soul. It should be appropriate medicine, returning health to the soul, restoring inner order, harmony and straightness. The elements of a retributive concept of punishment become salient above all in the case of the most hardened criminals, who are internally so spoiled that no amelioration is possible, no punishment can be a suitable, sufficient medicine. Yet, the punishment is deserved, proportional to the degree of depravity of the offender, and thus possesses a deterrent value. Moreover, the suffering of the offender, since it is beneficial for others, contributes to his inner unity and his goodness. The preceding analysis concerning Plato’s conception of punishment clearly shows that the aim of punishment is not the good of the state, nor the abstractly conceived order of justice. The aims of punishment are not located beyond the individual (the individual soul). Therefore, in this conception of punishment there are no elements of thinking typical of that in the spirit of totalitarianism. The law and the state serve the good of the individual. This is an important argument on behalf of the postulate of a non-totalitarian interpretation of the Republic and the others dialogs of Plato. (shrink)

In both the literal and metaphorical senses, it seemed as if 1970s America was running out of gas. The decade not only witnessed long lines at gas stations but a citizenry that had grown weary and disillusioned. High unemployment, runaway inflation, and the energy crisis, caused in part by U.S. dependence on Arab oil, characterized an increasingly bleak economic situation. As Edward D. Berkowitz demonstrates, the end of the postwar economic boom, Watergate, and defeat in Vietnam led to an unraveling (...) of the national consensus. During the decade, ideas about the United States, how it should be governed, and how its economy should be managed changed dramatically. Berkowitz argues that the postwar faith in sweeping social programs and a global U.S. mission was replaced by a more skeptical attitude about government's ability to positively affect society. From Woody Allen to Watergate, from the decline of the steel industry to the rise of Bill Gates, and from Saturday Night Fever to the Sunday morning fervor of evangelical preachers, Berkowitz captures the history, tone, and spirit of the seventies. He explores the decade's major political events and movements, including the rise and fall of détente, congressional reform, changes in healthcare policies, and the hostage crisis in Iran. The seventies also gave birth to several social movements and the "rights revolution," in which women, gays and lesbians, and people with disabilities all successfully fought for greater legal and social recognition. At the same time, reaction to these social movements as well as the issue of abortion introduced a new facet into American political life-the rise of powerful, politically conservative religious organizations and activists. Berkowitz also considers important shifts in American popular culture, recounting the creative renaissance in American film as well as the birth of the Hollywood blockbuster. He discusses how television programs such as All in the Family and Charlie's Angels offered Americans both a reflection of and an escape from the problems gripping the country. (shrink)

Through a selection of primary sources, this article demonstrates the political and legal languages which articulated monarchist ideas in interwar Yugoslavia. Variations on the theme emerged in different periods. First, the national and so democratic character of the monarch and monarchy was a prevalent image at the end of the First World War and in the first decade of the Yugoslav state’s existence. During the domestic political crises in the second half of the 1920s, the language of monarchism shifted toward (...) discourses of stability and public order. After the declaration of the royal dictatorship in January 1929, the language of monarchism became fully invested in expressing the monarch’s absolute political authority, legally inviolable character, and the resulting ‘unity of state and nation’. For the political Right, the king embodied the spirit of integral Yugoslavism. While the language of monarchism could serve disparate political ideologies – as in the liberal monarchist emigration after spring 1941 – it was rather primarily linked to the political visions of the Right in the final decade of interwar Yugoslavia. (shrink)

We propose that doping be legalized under medical supervision. First, we discuss two motivations for allowing medically supervised doping. We reject the ‘compromised choice/harm minimization’ motivation as unlikely to win the support of athletes. We agree that it could lead to an arms race. Instead, we favor full acceptance of doping under medical supervision and answer Reid’s spirit of sport objection to medical manipulation. After presenting a set of guiding principles, we use them to answer the arms race objection (...) and rebut one of the most prominent objections in the literature about the safety of medically supervised doping, the game-theoretic objection. (shrink)

Workplace bullying has a well-established body of research internationally, but the United States has lagged behind the rest of the world in the identification and investigation of this phenomenon. This paper presents a managerial perspective on bullying in organizations. The lack of attention to the concept of workplace dignity in American organizational structures has supported and even encouraged both casual and more severe forms of harassment that our workplace laws do not currently cover. The demoralization victims suffer can create toxic (...) working environments and impair organizational productivity. Some methods of protecting your organization from this blight of bullying are proposed. Bullying has always been part of the human condition; history is rife with references to abuse of power and unnecessary or excessive force. The classic bully story is of Joseph and his brothers, a tale of envy and hostility. The refinement of bullying to include various forms of legally defined social harassment is a relatively late phenomenon, however, dating to the Civil Rights Act of 1964. In the United States, bullying is not illegal, whereas it is illegal in many other countries. Bullying is not about benign teasing, nor does it include the off-color jokes, racial slurs, or unwelcome advances that are the hallmarks of legally defined harassment. Workplace bullying is the pattern of destructive and generally deliberate demeaning of co-workers or subordinates that reminds us of the activities of the schoolyard bully. Unlike the schoolyard bully, however, the workplace bully is an adult, usually (but not always) aware of the impact of his or her behavior on others. Bullying in the workplace, often tacitly accepted by the organizational leadership, can create an environment of psychological threat that diminishes corporate productivity and inhibits individual and group commitment. The two examples that follow will help to clarify the difference between harassment and bullying. (shrink)

Recently discovered ancient silk and bamboo manuscripts have transformed our understanding of classical Chinese thought. In this book, Wang Zhongjiang closely examines these texts, and by parsing the complex divergence between ancient and modern Chinese records reveals early Chinese philosophy to be much richer and more complex than we ever imagined. As numerous and varied cosmologies sprang up in this cradle of civilization, beliefs in the predictable movements of nature merged with faith in gods and their divine punishments. Slowly, powerful (...) spirits and gods were stripped of their potency as nature's constant order awakened people to the possibility of universal laws, and from those laws was finally born an ideally conceived community, objectively managed, and rationally ordered. (shrink)

While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)