Hans-Georg Gadamer's contribution to hermeneutics can be summarized in a nut shell in his thesis that there is a “wirkungsgeschichtliche” dimension in all understanding. In this article I make four remarks on the meaning of this concept. Firstly: the universal claim of Gadamer does not claim to describe the totality of understanding, but only an essential and forgotten dimension. Secondly: there are three ascending perspectives on art, tradition and speaking that constitute together the Wirkungsgeschichte. Every one of them demonstrates that (...) understanding is not primarily an action of objectification, but a happening of participation. Thirdly: there are similar thinking patterns by different philosophers that demonstrate that Gadamer's concept of the Wirkungsgeschichte is not so new and strange. Lastly: Gadamer's use of Aristotle's concept of phronesis or judgement (practical reasoning) is the concretization of the Wirkungsgeschichte and his great contribution to hermeneutics. S. Afr. J. Philos. Vol.21(4) 2002: 274-290. (shrink)
Since most research on the topic of experiences related to becoming a psychologist is conducted from a pathogenic paradigm, the study reported in this paper aimed to describe the journey of a clinical master’s student from the perspective of positive psychology. A strengths-based paradigm allowed the researcher and the participant to understand the journey through the lens of personal growth, professional development, coping strategies, and attempts to make sense of the related difficulties. In this study, a qualitative research approach was (...) used and a single case study design was employed. Data analysis followed the procedure of interpretative phenomenological analysis. Themes that were conceptualized and operationalized within the structure of psychological well-being comprised six well-being domains, namely personal growth; purpose in life; autonomy; self-acceptance; positive relationships with others; and environmental mastery. The most prominent finding was that, while the experience of becoming a psychologist is known to be a long and difficult journey, it can also be rewarding and positive, and holds the potential to enhance psychological well-being. (shrink)
This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...) a policy argument for why rules should be applied in a way which would require that discretion. (shrink)
This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)
This article explores the interplay between the globalization process and the nation/nation-state by examining the case of contemporary Taiwan. Globalization is analyzed along four dimensions: flows of people, flows of culture, economic globalization and international/transnational institutions. Along each dimension, it is found that globalization has had a profound impact upon how cultural and political elites imagine their nation, leading to rising aspirations for nationhood and nation-stateness. Meanwhile, nation-building efforts have deepened Taiwan's embeddedness in globalization, where globalization itself is being employed, (...) both by the state and non-state elites, as a strategy to construct the nation. Three implications suggest that the relationship between `the global' and `the national' be reconceptualized. First, nations and nationalism can be better comprehended against a global/international backdrop, as national identity to a large extent depends upon the imagined or real approval of other nations. Second, there emerges a new strategic alliance between the global and the national, in the sense that globalization gives new ground upon which the nation can be formulated. And finally, by reinforcing certain institutional prerogatives of nations and nation-states, globalization may also lead to an increased desire for nationhood and nation-stateness in cases where the latter two have not been fully realized. (shrink)
In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)
The introduction explain the need for how an international, inclusive discussion about the range of different methodological approaches from different traditions of philosophy can be read alongside each other and be seen in sometimes very critical conversation with each other. In addition, the introduction identifies four broad themes in the volume: the largest group of chapters advocate methods that promote history of philosophy as an unapologetic, autonomous enterprise with its own criteria within philosophy. Second, three chapters can be seen as (...) historicizing the history of philosophy from within. Third, four chapters argue for history of philosophy as a means toward making contributions to contemporary philosophy. Finally, two chapters explore the relationship between the history of philosophy and the history of science. (shrink)
Medicine is unique in being a combination of natural science and human science in which both are essential. Therefore, in order to make sense of medical practice, we need to begin by drawing a clear distinction between the natural and the human sciences. In this paper, I try to bring the old distinction between the Geistes and Naturwissenschaften up to date by defending the essential difference between a realist explanatory theoretical study of nature including the body in which the scientist (...) discovers the causal properties of natural kinds and the interpretive understanding of human beings as embodied agents which, as Charles Taylor has convincingly argued, requires a hermeneutic account of self-interpreting human practices. (shrink)
The European Union welfare standardsfor intensively kept pigs have steadilyincreased over the past few years and areproposed to continue in the future. It isimportant that the cost implications of thesechanges in welfare standards are assessed. Theaim of this study was to determine theprofitability of rearing pigs in a range ofhousing systems with different standards forpig welfare. Models were constructed tocalculate the cost of pig rearing (6–95 kg) in afully-slatted system (fulfilling minimum EUspace requirements, Directive 91630/EEC); apartly-slatted system; a high-welfare,straw-based system (...) (complying with the UK-basedRoyal Society for the Prevention of Cruelty toAnimals, Freedom Food standards) and afree-range system. The models were also used toassess the consequences of potential increasesin space allowance, and to estimate the cost ofrearing pigs under organic standards.The cost of rearing pigs ranged from92.0 p/kg carcass weight (cw) and 94.6 p/kgcw forthe partly-slatted and fully-slatted systems,to 98.8 p/kgcw and 99.3 p/kgcw for the FreedomFood and free-range systems respectively. Whenspace allowance was increased by 60% to levelsin a recent proposal to revise pig welfareDirective (91/630/EEC), the rearing costs wereunchanged for the free-range system but rose by4.6 p/kgcw for the fully-slatted system. Rearingcosts under organic standards were 31% higherthan in the free-range system. These resultssuggest that improved pig welfare can beachieved with a modest increase in cost. (shrink)