Assuming that legal science, specifically with regard to interpretation, has to provide the tools to reduce the uncertainty of legal solutions arising from the use of natural languages by legal orders, it becomes a central matter to identify, in this limited domain, the spectrum of semantic variation (and its boundaries) that language brings to the definition of a norm expressed by a norm sentence. It is in this framework that the present paper, analyzing norm sentences as a specific kind of (...) speech act, examines the relation of the legal order to natural language rules, the limits of linguistic uncertainty, and alternatives of meaning as distinct possibilities of norms covered by the text (that are, because of this, still within what literal meaning is). Considering interpretation just as the linguistic decoding process, the reverse of the process of creating norm sentences, the paper also argues that subjects not connected with the relation between norm sentences and norms (mainly, normative defeasibility) are analytically distinct and should be removed from the field of language. (shrink)

Este artículo busca avizorar, desde el terreno de las pretensiones del humanismo, la posibilidad de una ética desprovista de «centro» que se asiente en la «compasión». Se buscará comprender la necesidad de abandonar los intentos de retornar al proyecto «humanístico» y se señalará su mayor riesgo: el «cínico ilustrado». Adicionalmente, se considerará «el humanismo» como el solemne destello de una «estrella que murió hace mucho» pero que da señales para la construcción de una ética excéntrica fundada en la compasión y (...) el dolor. Para tales efectos, se presentarán tres secciones: a) el humanista un cínico ilustrado b) mecanismos de evasión. La miseria y el modo de vida burgués y c) la ausencia de centro y la posibilidad de una ética excéntrica. (shrink)

In the last 10 years, emotional intelligence has become a current issue of research in psychology, and there are indicators to consider that emotional intelligence should be analyzed to help the coach to behave effectively during competitions. According to Boardley’s (2018) revised model of coaching efficacy, coaches’ emotional intelligence is predictive of their efficacy beliefs, which, in turn, is predictive of coaching behavior. However, little is known about the mediating effects of coaching efficacy dimensions on the relationships between coach’s emotional (...) intelligence and reactive behaviors in competitive settings. Thus, the purpose of this study is to examine mediating effects of coaching efficacy dimensions on the relationship between emotional intelligence and coaches’ reactive behaviors during a game using a multimethod approach. Participants were 258 coaches of youth football players aged 9 to 17 years old. Observations in situ using Coaching Behavior Assessment System were carried on 258 football games during two seasons. At the end of each game, coaches completed the Wong and Law Emotional Intelligence Scale and the Coaching Efficacy Scale. Structural equation modelling analyses revealed that motivation efficacy and character building mediated the relationship between regulation of emotion and positive and negative coaches’ reactions during game. Specifically, motivation efficacy mediated the association between regulation of emotion and positive coaches’ reactions, and the relationship between regulation of emotion and negative coaches’ reactions were mediated by motivation efficacy and character building. In addition, coaching level moderated the relationships between emotional intelligence, self-efficacy and coaches’ reactive behaviors. Findings of the present study showed that coaching efficacy dimensions (i.e., motivation efficacy and character building) that have the capacity to influence their confidence in ability to affect the psychological mood and positive attitude of athletes, transfer the effects of emotional intelligence (i.e., regulation of emotion) on coaches’ verbal reactions during a youth soccer game. Specifically, a coach who feels competent to regulate their own emotions would perceive high beliefs of efficacy to motivate and to build character of their athletes, and this insight has an impact on their positive verbal reactions in response to athletes’ performances. (shrink)

With an analysis of the structure and the sequence of analogy, the paper is mainly a critique to the partial reducibility thesis: a thesis sustaining that analogy, besides a strictly analogical step, is in the remaining part reducible to balancing. Thus, the paper points out some problems raised by the partial reducibility thesis, such as the contingency of reducibility or the fact that a proper analogy is done under the cover of a balancing. The main point is, however, the claim (...) that analogy and balancing have opposite normative conditions, being this premise the reason to a structural explanation for the unacceptability of the reducibility enterprise. (shrink)

Na temelju analize strukture i slijeda postupka analogije, autor upućuje kritiku tezi o djelomičnoj svodljivosti, tj. tezi prema kojoj se analogija, izuzev onoga njezinog koraka koji predstavlja strogu analogiju, može svesti na vaganje. U radu se stoga prvo iznose neki problemi navedene teze, poput nenužnosti svodljivosti ili činjenice da se pod krinkom vaganja provodi prava analogija. Središnja je teza rada tvrdnja da analogiju nije moguće uspješno svesti na oblik vaganja.

This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural (...) language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications. (shrink)

This book addresses the principle of proportionality, which is currently one of the most important instruments of judicial review, from both analytical and theory of law perspectives. As such, the analysis provided is far more comprehensive and can be applied to all areas of law, not just constitutional law. On the one hand, the volume offers a broad perspective on several aspects related to proportionality, such as its structure, the balancing methodology and the distinction between rules and principles. On the (...) other, it provides an innovative, normativist and analytical approach to proportionality, helping readers understand its structure and behaviour. (shrink)