This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

The constitutional freedom of the individual is a specific legal permission to perform certain act-types by virtue of the constitution. Legal and constitutional permissions are either negative permissions, consisting of the lack of obligation or prohibition to perform a conduct, or positive permissions rendering the performance of certain acts possible. Further, a distinction is proposed between legal systems containing their constitution and those not containing their constitution. In the former, constitutional freedom is the freedom to perform any conduct, i.e. any (...) conduct neither obligatory nor prohibited by the law. In legal systems containing their constitution constitutional freedom includes all the act-types obligatorily permitted in the constitution as denominated freedom-rights. The final section contends that the “general right to freedom” is but a special case of the constitutional principle of equality. (shrink)

The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European (...) societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

The study aimed to identify the psychological changes that result from the amputation of a limb and the ways in which patients coordinate their daily lives. The study uses an interpretative phenomenological analysis aimed at understanding individual experiences in seven patients who have suffered limb amputation. The method used consisted of individual, semi-structured interviews, conducted approximately 4 months after surgery, to patients at home or in hospital, at the time of their regular checkup. The interviews were audio recorded, transcribed and, (...) following the qualitative analysis performed, six common themes were identified: emotional impact, negative affects, tendency toward isolation, role constraints and limitations, phantom limb, and emotional balancing. A specific theme for patients who have suffered amputations is phantom limb pain, which has received special attention from researchers. The last topic relates to the tendency toward emotional balancing and psychological calibration to return to normal life. (shrink)

The thirty year long friendship between Imre Lakatos and the classic scholar and historian of mathematics Árpád Szabó had a considerable influence on the ideas, scholarly career and personal life of both scholars. After recalling some relevant facts from their lives, this paper will investigate Szabó's works about the history of pre-Euclidean mathematics and its philosophy. We can find many similarities with Lakatos' philosophy of mathematics and science, both in the self-interpretation of early axiomatic Greek mathematics as Szabó reconstructs it, (...) and in the general overview Szabó provides us about the turn from the intuitive methods of Greek mathematicians to the strict axiomatic method of Euclid's Elements. As a conclusion, I will argue that the correct explanation of these similarities is that in their main works they developed ideas they had in common from the period of intimate intellectual contact in Hungarian academic life in the mid-twentieth century. In closing, I will recall some relevant features of this background that deserve further research. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (shrink)

Filosofía antigua -- Filosofía medieval : heavy metal y religión -- Filosofía moderna y contemporánea.

This paper asks whether an individual or a political community (henceforth: 'constitutional community') ever incurs moral responsibility for the requirements made by the norms of their constitution. We argue, first, that any constitutional community bears collective moral responsibility for those requirements. We reach this thesis by showing that (i) a constitutional community is a group which can take collective actions attributable to the group as a whole, and (ii) any given set of constitutional norms is the outcome of such collective (...) action. We argue, second, that ordinary citizens of constitutional communities can, in normal circumstances, bear individual moral responsibility for such norms. We reach this second thesis by showing that an average citizen bears individual responsibility for the direct outcome of her polity's collective action whenever she both (1) contributes to the collective action where she need not fear serious reprisals for not contributing, and (2) supports and reflectively endorses the outcome. (shrink)

The original proposal of H. H. Pattee (1971) of basing quantum theoretical measurement theory on the theory of the origin of life, and its far reaching consequences, is discussed in the light of a recently emerging biological paradigm of internal measurement. It is established that the "measurement problem" of quantum physics can, in principle, be traced back to the internal material constraints of the biological organisms, where choice is a fundamental attribute of the self-measurement of matter. In this light, which (...) is shown to be a consequence of Pattee's original suggestion, it is proposed that biological evolution is a gradual liberation from the inert unity of "subject" and "object" of inanimate matter (as "natural law" and "initial conditions"), to a split biological existence of them and, as a consequence, the "message of evolution" is freedom, rather than complexity in itself. Some classical philosophical systems are brought into context to show that the epistemologies of several strictly philosophical systems of the social sciences are well acquainted with the problem and their solutions support our conclusions. (shrink)

Peter Strawson defends the thesis that determinism is irrelevant to the justifiability of responsibility-attributions. In this paper, I want to examine various arguments advanced by Strawson in support of this thesis. These arguments all draw on the thought that the practice of responsibility is inescapable. My main focus is not so much the metaphysical details of Strawsonian compatibilism, but rather the more fundamental idea that x being inescapable may be reason for us to regard x as justified. I divide Strawsonian (...) inescapability arguments into two basic types. According to arguments of the first type we cannot give up the practice. According to arguments of the second type we should not give up the practice. My reasons for revisiting these Strawsonian inescapability arguments are, first, to establish that these are different and to some extent conflicting arguments. Second, I hope to show that none of Strawson’s inescapability arguments are convincing. Third, I discuss the possibility that the practice of responsibility is inescapable in a different, more pessimistic sense than envisaged by Strawson. What may be inescapable under conceivable scenarios is the conflict of theoretical and practical considerations in the justification of the practice. (shrink)

“I also talked to Buber yesterday; as a person he is lively and simple and remarkable, and seems to have nothing to do with the lukewarm things he has written” – wrote Franz Kafka to his fiancée Felice Bauer in the early 1913. What is the meaning of this harsh, yet respectful portraiture of Buber? Was it a casual ironic remark – or was it rather the way Kafka really thought of Martin Buber? And to what extent was Kafka important (...) for Buber? How can we understand the collaboration between the writer and philosopher? Close reading, contextualization and Begegnungsereignis. (shrink)

There are two approaches to the Hungarian Revolution of 1956: to view it as a national or as a social affair; a fight for national independence or for a revolutionary transformation of society. The two approaches can be collapsed into a comprehensive one in the name of autonomy, and this is what Feher and Heller did, remaining mindful, however, of the two major and irreducible aspects of the actual events and their motivating forces. Their main argument is threefold. The people (...) in revolt wanted to establish a “dual system” of a socialist economy and a political pluralism; they wanted a renegotiation of the Yalta and Potsdam agreements; and in the course of the revolution they achieved a national consensus that could actively negotiate a compromise implied by both major aims. (shrink)

Bioeconomy solutions potentially reduce the utilization demand of natural resources, and therefore, represent steps towards circular economy, but are not per se equivalent to sustainability. Thus, production may remain to be achieved against losses in natural resources or at other environmental costs, and materials produced by bioeconomy are not necessarily biodegradable. As a consequence, the assumption that emerging bioeconomy by itself provides an environmentally sustainable economy is not justified, as technologies do not necessarily become sustainable merely through their conversion to (...) using renewable resources for their production. A source of the above assumption is that the utility of bioeconomy is mostly assessed in interaction between technology developers and economists, resulting in biased assessment with private commercial technology benefits being included, but environmental costs, especially longer term ones, not being sufficiently considered in the economic models. A possible solution to this conceptual contradiction may come from bioethics, as a strong concept in environmental ethics is that no technological intervention can be imposed on nature beyond its receptive capacity. To achieve a better balanced analysis of bioeconomy, environmental and ecological, as well as non-economic social aspects, need to be included in the overall assessment. (shrink)

This paper argues that group attitudes can be assessed in terms of standards of rationality and that group-level rationality need not be due to individual-level rationality. But it also argues that groups cannot be collective epistemic agents and are not collectively responsible for collective irrationality. I show that we do not need the concept of collective epistemic agency to explain how group-level irrationality can arise. Group-level irrationality arises because even rational individuals can fail to reason about how their attitudes will (...) combine with those of others. In some cases they are morally responsible for this failure, in others they are not. Moreover, the argument for collective epistemic agency is incoherent because reasons-for-groups are ipso facto reasons-for-individual. Instead of talking about reasons-for-groups, we should therefore distinguish between self-regarding reasons and group-regarding reasons. Both kinds of reasons are reasons-for-individuals. These conceptual considerations in favour of moderate individualism are strengthened by an analysis of our moral practice of responding to collective shortfalls of rationality and by the unpalatable moral implications of collectivism about epistemic agency. There is no need to change the subject. Groups can be rational or irrational, but they do not reason. (shrink)

Starting from an overview of approaches to naturalized epistemology, the paper shows, firstly, that Quine's programme yields a sceptical paradox. This means that Quine's attempt to defeat scepticism itself yields a rather strong argument for scepticism and thus against his own programme of naturalized epistemology. Secondly, it is shown that this paradox can be solved by an approach called reflexive-heuristic naturalism. Finally, the paper also raises some fundamental problems which the solution proposed has to leave open.

The paper offers a critique of sanctionism. According to this view, moral obligations are generated by the fear of sanctions. I argue that this view cannot capture the nature of important moral concepts and practices. I discuss in detail the practice of attributing moral responsibility to show this.

In attempting to clarify the problem of personality integration the writer gained the impression that the difficulty of such a task does does not lie alone in the paucity of usable factual data but it is due, even to a greater extent, to the inadequacy of our logical tools. Such a handicap is felt not only in the study of personality, but in the study of wholes in general. Here the attempt will be made to develop some concepts which may (...) be useful for the understanding of the structure of wholes. (shrink)

The theory and practice of constitutionalism is tightly interwoven with references and appeals to values. However, these references and appeals frequently remain undertheorized and are seldom connected directly to philosophical theories of value. This chapter outlines some ways in which such connections might be established.

The idea that language is metaphoric in nature has often been suggested or stated since Vico and Rousseau. Derrida, too, often writes about metaphor and the impression he gives is that he is arguing for the metaphoric nature of both thought, whether philosophic or not, and language. Interpreters like de Man or Culler have helped to spread this impression. If it is correct, Derrida shares a pan-metaphoric view of language and whatever can be made with it. It is useful to (...) refer to Derrida's view because in my opinion he has been very good at saying what language is, even if he has been very much in the wrong in seeing no distinction between language and language use. Let us consider first what he has been good at. (shrink)

Arthur Danto had just published an essay about Neuhaus in The Nation, where he famously held the art‐critic post formerly occupied by Clement Greenberg. In a characteristic switching of gears from “mere” criticism to something deeper and more profound, he described Neuhaus's sound sculpture as “a portable tabernacle, a bubble of sacral space encapsulated in midtown life, which flows unheedingly around it, save for those attracted as a momentary congregation”. Times Square was precisely the kind of art Arthur relished thinking (...) about. It was about boundaries: between the traditional and the modern, the familiar and the transcendent, the aesthetic and the everyday. Art criticism was for Arthur largely a way of practicing philosophy by other means, but it grew into something more. (shrink)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

"Classical Chinese thought slowly formed from the 9th century BCE onward through the Spring and Autumn era but reached its pivotal point during the so-called Warring States era (5th to 2nd centuries BCE). According to historical records, during these three hundred years more than four hundred wars of different scales raged across the Chinese world. These wars brought with them their own consequences like famines and abject poverty, terrible inequality and disillusionment. An intellectual history forming in these conditions understandably and (...) inevitably was influenced by these conditions. In this context, the Hong Kong philosopher Yuk Hui presents his thesis of “cosmotechnics”, the view that merely understanding the world is not enough, it is paramount to change it for the betterment of people’s lives. This is the theoretical underpinning of much of classical Chinese thought, according to Yuk Hui, and therefore also for the drive to acquire knowledge. Thus, one unique aspect of classical Chinese thought is its interminable insistence on how man’s every action must have a reason beyond that action itself and any sort of philosophizing that does not lead to practice in changing the environment for the good of the people inhabiting it, is a wasted and useless thought. Therefore, there are a number of words and concepts related to the acquisition of knowledge in Classical and modern Chinese, like “learning” 學, “teaching” 教, “discussion” 論, “argumentation” 辯, and so on, but all these are encompassed within “the way” 道, specifically the “correct way of doing a thing”, i.e.: actual practice, rather than mere thought alone. I aim to present several examples of this from remote Chinese antiquity and classical Chinese thought within the framework of what I term “cosmotechnical joy” stemming from making people’s lives better. Keywords: China, philosophy, thought, knowledge, pragmatism, Confucianism, Daoism, legalism". (shrink)

The Stufenbaulehre is a central and founding element of the Pure Theory of Law . Most of the criticism on SL targets the idea of the basic norm , however unjustified. This criticism stems from a misunderstanding of the presumptive character of the basic norm and of the whole legal order. Others have criticised the relativisation of the difference between individual and general norms, Kelsen's monism, and the determination of the validity of a norm by a single other norm. This (...) can be refuted as well - either because their critique does not concern an essential part of SL , or because SL can be saved by making a small modification to it. However, there is one lethal criticism. It concerns the founding thought of the whole SL, i.e. the derivation of validity. In a law-making process, there is never a derivation of validity: the logical result of a law-making process is only a norm saying ,,The new norm ought to be valid.“ Whether the new norm is in fact valid, is a question of efficacy in the realm of the Ought . This has serious consequences: Without this derivation SL can not survive, and without SL, PTL can not survive either. Some valuable parts of PTL might be used in other legal theories, but these are nothing but transplanted organs from the dead body of PTL whose heart - SL - can no longer keep the body alive. (shrink)