Innovations in Evidence and Proof' brings together leading scholars and law teachers from the US, Australia, Canada, South Africa, and the UK to explore the latest developments in evidence scholarship.--Résumé de l'éditeur.

In this important work, Dr. Felipe Fierro offers a comprehensive view on the subject of Introduction to the Study of Law, in which he revives the use of Gnoseology, Philosophy, History and Logic as Auxiliary Sciences; and exposes how the abandonment of such has contributed to the exponential growth of Skepticism and Relativism, currently prevailing in the legal world. The above, through extensive experience in teaching Law from the Aristotelian-Thomistic platform, based on the elementary assumption that we must (...) first prove the existence of the object of study, and contrast main legal branches in topics such as: what is Law?, why is Science?, what are Law, Justice, Facultative rights and the Common Good?; supported by extensive and select bibliography. In addition, the being, nature, concept, essence and properties of the sources, fundamentals and classification are described. But important elements such as knowledge, order, principles, Jurisprudence, and Natural law, fundamental legal concepts, the legislative process, the Constitution, interpretation and others are not absent. Morality and Legal Law are obligatory markers, which although considered in their own field, are not excluded, but different as to object and method. Predominantly, Justice is exposed as one of the great values of the Law, and main theories in order to offer future lawyers the basis regarding the current Science of Law and its significance. (shrink)

This study aims to achieve the goal of cultivating and reserving emerging professional talents in social security law, improve the curriculum and mechanism of entrepreneurship education, and improve students’ entrepreneurial willingness and entrepreneurial ability. Deep learning technology is used to study the psychological effects of entrepreneurship education for college students majoring in social security law. Firstly, the concept of entrepreneurial psychology is elaborated and summarized. A related model is designed using the theory of proactive personality and planned behavior (...) through questionnaire survey and regression analysis to explore the relationship between students’ entrepreneurial psychology and entrepreneurial intention. Secondly, an entrepreneurship education method based on deep learning is proposed, and a teaching model of multi-dimensional collaborative entrepreneurship education practice is constructed. On this basis, the deep learning algorithm combines the characteristics of the personalized recommendation algorithm to construct an efficient Problem-Based Learning learning resource recommendation algorithm. Finally, the proposed method is tested. The results show that the Significant value of students who have participated in PBL deep learning courses is less than 0.05, indicating that PBL significantly improves students’ learning ability and the ability to deal with entrepreneurial environments. The results verify the impact of entrepreneurial learning on entrepreneurial intentions. The research on PBL online learning recommendation system shows that the proposed recommendation algorithm is superior to the traditional recommendation algorithm in both roots mean square error value and mean absolute error value on both datasets. The proposed method provides a new idea of reform and innovation to cultivate social security law professionals and the cultivation of the reserve model. (shrink)

Healthcare whistle blowing, despite the benefits it has brought to healthcare systems in many developed countries, remains generally regarded as a pariah activity by many of the most influential healthcare professionals and regulatory institutions. Few if any medical schools or law department health law and bioethics classes, teach whistle blowing in a formal sense. Yet without exception, public inquiries initiated by healthcare whistle blowers have validated their central allegations and demonstrated that the whistle blowers themselves were sincere in their desire (...) to implement the fundamental virtues and principles of medical ethics, bioethics and public health law. In many jurisdictions, the law, this time remarkably in advance of professional opinion, has offered legislative protection for reasonable allegations of whistleblowers made in good faith and in the public interest concerning a substantial and imminent threat to public safety. One reason for this paradoxical position, explored here, is that healthcare whistle blowing lacks a firm virtue-based theoretical bioethical and jurisprudential foundation. The hypothesis discussed is that the lack of this bioethical and jurisprudential substrate has contributed to a situation where healthcare whistle blowing suffers in terms of institutional support due to its lack of academic legitimacy. This article commences the process of redressing this imbalance by attempting to lay the theoretical foundations for healthcare whistle blowing. As a case study, this article concludes by discussing the Personal and Professional Development course at the ANU Medical School where healthcare whistle blowing is a formal part of a virtue-based curriculum that emphasises the foundational importance of conscience. Illustrative elements of that program are discussed. (shrink)

This second volume of essays by Professor Kelley takes the study of history as its starting point, then extends explorations into adjacent fields of legal, political, and social thought to confront some of the larger questions of the modern human sciences. The first group of papers examine the historiography of the Protestant Reformation and then of the Romantic and Victorian periods; the last section focuses on the legal tradition and its interpretation in relation to social and cultural, as well (...) as historical thought, in the period from the Renaissance to the French Revolution. Throughout, the author's interest is to analyse how people at different times have viewed their past - and reconstructed and utilised it in the service of their present concerns. (shrink)

Following from sweeping law reforms across the global health landscape, there is a need to prepare the next generation to advance global health law to ensure justice for a healthier world. Educational programs across disciplines have increasingly incorporated the field of global health law, with new courses examining the law and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Such interdisciplinary training must be expanded throughout the world (...) to prepare future practitioners to strengthen global health law — ensuring a foundation for global health in legal studies and law and global health studies. Meeting this imperative for global health law teaching — establishing academic courses and textbooks on global legal responses to shared health threats — will be necessary to support students to address the global health challenges of the future. (shrink)

To read literature is to read the way literature reads. René Girard’s immense body of work supports this thesis bountifully. Whether engaging the European novel, ancient Greek tragedy, Shakespeare’s plays, or Jewish and Christian scripture, Girard teaches us to read prophetically, not by offering a method he has developed, but by presenting the methodologies they have developed, the interpretative readings already available within (and constitutive of) such bodies of classical writing. In The Prophetic Law, literary scholar, theorist, and critic Sandor (...) Goodhart divides his essays on René Girard since 1983 into four groupings. In three, he addresses Girardian concerns with Biblical scripture (Genesis and Exodus), literature (the European novel and Shakespeare), and philosophy and religious studies issues (especially ethical and Jewish subject matters). In a fourth section, he reproduces some of the polemical exchanges in which he has participated with others—including René Girard himself—as part of what could justly be deemed Jewish-Christian dialogue. The twelve texts that make up the heart of this captivating volume constitute the bulk of the author’s writings to date on Girard outside of his three previous books on Girardian topics. Taken together, they offer a comprehensive engagement with Girard’s sharpest and most original literary, anthropological, and scriptural insights. (shrink)

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

The paper explores the role and meaning of maṣlaḥa and its possible appropriation in the field of Islamic legal and economic thought, as laid down by various medieval and contemporary Muslim scholars. Questions that are pertinent to the research are the following: how has maṣlaḥa been incorporated in legal reasoning and what kind of meaning does it convey; what type of economic reading does it presuppose; do ethics, law, and scriptural sources play equally important role as reference in developing the (...) concept in economic terms, are some of the questions that this paper will try to provide answer to. Further, as there is a tendency to believe that Islamic economic thought cannot be equated only with legal and juridical underpinnings, it is pertinent to pose a question if economic ideas have flourished independently from its legal framework. Maṣlaḥa in its capacity has always remained part and parcel of Islamic legal theory, and has been rarely addressed within the frame of economic thought; therefore a new reading is required to deal with the position of economic teachings within Islamic tradition. The paper consists of three sections, whereby the contributions made by Muslim medieval scholars on Islamic economics will be presented. The first chapter provides a historical overview of Islamic law and the concept of maṣlaḥa in relation to the field of Islamic economics, including Abu Hamid al-Ghazali’s monumental Iḥya ‘ulūm al dīn, which presents a milestone in converging Sufi ethical teachings of Islam in accordance with the legal methodology of Islamic law. The second part aims to discern and examine the economic jurisprudence and economic theory in Islam as it is understood by some of the mainstream theoreticians of Islamic studies, advocating the view that Islamic economics is inextricably related to the gist of Islamic legal reasoning. In this section the ideas of Muhammad Baqr al-Sadr will be presented as he proposes a new reading of Islamic economics as a doctrine and not a science. The third part questions Islamic legal establishment and its normativity, the claim that legal norms have always been part of the Islamic economic reasoning. This claim rests upon the idea that Islamic legal patterns were also socially constructed, including some aspects of Islamic economic reasoning. Concluding remarks will draw upon the idea that despite the fact that Islamic legal and economic literature are based upon the religious scriptures of Islam, the Qur’an and Tradition, it is more appropriate to claim that they rest upon the ethical cosmology that surpasses purely theological concerns. (shrink)

Law schools are failing both their staff and students by requiring them to prize reason and rationality and to suppress or ignore emotions. Despite innovations in terms of both content and teaching techniques, there is little evidence that emotions are effectively acknowledged or utilised within legal education. Instead law schools are clinging to an out-dated and erroneous perception of emotions as, at best, irrational, and at worst dangerous. In contrast to this, educational and scientific developments have demonstrated that emotions (...) are a fundamental, inescapable part of learning, teaching and skills development. Harnessing these emotions will therefore have a transformative effect on legal education and enable it to adapt to the needs and demands of the 21st century. This book provides a theoretical overview of the role played by emotions in all aspects of the life of the law school. It explores the relationship between emotions and key traditional and contemporary approaches to legal education, the ways in which emotions can be conceptualised, their interaction with the politics and policies of legal education and their role within teaching and learning. The book also considers the importance of emotional wellbeing for both law students and legal academics Overall, this book argues for a more holistic form of legal education in which emotions play a valuable (and valued) role. This requires a new vision for law schools, in which emotions are acknowledged and embedded at all levels, institutional and personal. (shrink)

This study examines the use of an explicit, reflective method for teaching the difference and relationship between scientific theories and laws to ninth-grade students. Students reflected individually and then as a whole class on theories and laws using a Venn diagram, both before and after reading short articles describing features of theories and laws that provided an explicit challenge to their naïve prior conceptions. In small groups, they chose a theory or law, researched it, constructed a poster, and (...) did a gallery walk. Examination of students’ Venn diagrams and answers to a single question from VNOS-C given as both a pre- and post-test showed that prior to the lesson, all students except for one held more naïve views of both the difference between theories and laws and the nature of scientific theories. After the lesson, more than a third of them had improved their conceptions to more informed, and nearly a quarter understood that there is not a hierarchical relationship between scientific theories and laws. (shrink)

Medical ethics is normally taught in a combination of three ways: through discussions of normative theories and principles; through for-and-against debating of topics; or through case studies. I want to argue that a fourth approach might be better, and should be used more: teaching medical ethics through medical law. Medical law is already deeply imbued with ethical concepts, principles and reasons, and allows the discussion of ethics through the “back door,” as it were. The two greatest advantages of the (...) law are its familiar authority, especially among the disengaged medical students who have little interest or respect for the subject of ethics; and its focus on the reality of the people and the tragedies discussed. Finally, I argue that medical law, unlike ethics, allows more efficient and more detailed MCQ assessment. (shrink)

L A Selby-Bigge’s British Moralists was first published in 1897 and for over sixty years has proved an invaluable instrument in the teaching of moral philosophy in the English-speaking world. It has been out of print for a number of years. This new presentation by the Professor of Political and Social Philosophy in the University of Glasgow is most opportune.

In accordance with the Bologna Declaration, modern languages and communication skills have a growing importance in all professions. With the prospect of Croatian membership of the EU and taking into consideration the conditions of the growing internationalization of law in general, knowledge of foreign languages represents an indispensable prerequisite for international com- munication within the legal profession. Thus, teaching foreign languages in the field of law, especially English and German, is necessary not only for the pro- fessional education of (...) Croatian law students, but also for their mobility within the network of European universities. This paper presents a case-study of the current situation in teaching Legal English and Legal German in Croatian Law Schools. First, the status of foreign languages for specific purposes in the Higher Education System of the Republic of Croatia in general is analyzed. The main part of the paper is dedicated to teaching Legal English and / or Legal German as compulsory courses within the curricula of Croatian law faculties. Then some projects on teaching foreign languages to practicing lawyers will be presented. With the prospect of Croatian membership of the EU, specific education programmes for lawyer- linguists have been introduced by the Law Faculties of Zagreb and Osijek. These programmes, developed within the lifelong education project for lawyers, offer an opportunity for Croatian law students and young lawyers not only to im- prove their knowledge of Legal English and Legal German, but also to learn other languages of the EU, like French or Italian. These new programmes are the response of Croatian foreign language teachers to the current requirements of the European labour market and the challenges of the internationalization of the modern world. (shrink)

According to the working definition of the International Big History Association, ‘Big History seeks to understand the integrated history of the Cosmos, Earth, Life and Humanity, using the best available empirical evidence and scholarly methods’. In recent years Big History has been developing very fast indeed. Big History courses are taught in the schools and universities of several dozen countries. Hundreds of researchers are involved in studying and teaching Big History. The unique approach of Big History, the interdisciplinary genre (...) of history that deals with the grand narrative of 13.8 billion years, has opened up a vast amount of research agendas. Big History brings together constantly updated information from the scientific disciplines and merges it with the contemplative realms of philosophy and the humanities. It also provides a connection between the past, present, and future. Big History is a colossal and extremely heterogeneous field of research encompassing all the forms of existence and all timescales. Unsurprisingly, Big History may be presented in very different aspects and facets. In this volume the Big History is presented and discussed in three different ways. In its first part, Big History is explored in terms of methodology, theories of knowledge, as well as showcasing the personal approach of scholars to Big History. The second section comprises such articles that could clarify Big History's main trends and laws. The third part of this book explores the nature of teaching Big History as well as profiling a number of educational methods. This volume will be useful both for those who study interdisciplinary macroproblems and for specialists working in focused directions, as well as for those who are interested in evolutionary issues of Astrophysics, Geology, Biology, History, Anthropology, Linguistics and other areas of study. (shrink)

The language and ideals of Greek political life identified citizenship with manliness. Plato saw this engendering of politics as a threat to the unity, stability, and excellence of a city, for the unmoderated manliness of actual cities, he claimed, fosters bigoted patriotism, female dissipation, and unnatural vice. Moreover, these cities' civic pieties could not match the egoistic appeal of tyranny, for the Greek ideal of masculinity itself points to tyranny as the most manly life. ;Plato's project, as I will argue (...) through a study of the Republic and the Laws, is to harness spirit and desire to reason in order to rescue cities from these tragedies of engendered politics. Such a rationalization requires a proper understanding of the "male" passions and their subjugation to a disgendered reason. Plato argues not only that the engendered politics of Greek cities treats women unjustly, but also that by excluding females and the feminine these cities make their male citizens vicious and unhappy. ;Since Plato apparently contradicts the egalitarian views of the Republic in his later dialogue, the Laws, I aim to recover the single intention behind two political proposals differing widely in detail. Plato's teaching on gender and politics has been subject to a wide variety of criticism in recent years, but both his feminist and anti-feminist interpreters have generally failed to appreciate the thick and profound political psychology which stands behind his radical views on gender and politics. Plato describes both soul and city as complexes of frequently contradictory desires for whom unity of purpose must be achieved. The lives of men and women in actual cities display distinct and apparently incompatible virtues, but the rationalization of politics requires that these virtues be reconciled in a single regime for both soul and city. ;In conclusion, I will argue that arguments for gender justice, that, like Plato's, are founded in a critique of the pretensions of masculinity, provide more powerful arguments for sexual egalitarianism than more "feminist" arguments that attack patriarchy simply as unjust toward women. (shrink)

Although the teaching of medical ethics and law in medical education is an old story that has been told many times in medical literature, recent studies show that medical students and physicians lack confidence when faced with ethical dilemmas and medico-legal issues. The adverse events rates and medical lawsuits are on the rise whereas many medical errors are mostly due to negligence or malpractices which are preventable. While it is true that many medical schools teach their students medical law (...) and ethics, there are wide variations in what is being taught because there is no universally agreed syllabus. Yet the knowledge of medical law and ethics is closely relevant to the medical profession and that failure in abiding the law may result in serious civil or even criminal consequences. While this paper does not propose to lay detailed analysis of the relevant areas of law or ethics, it proposes to cover some legal areas so as to highlight and bring to attention the need for a medical law and ethics course. This article also considers the problems faced and recommendation as to future directions to be taken with respect to teaching medical law and ethics. It concludes with a suggested course outline for the teaching of medical law and ethics. (shrink)

Legal education in continental Europe -- The law of nature in European courts -- Legal education in England -- The law or nature in English courts -- Legal education in the United States -- The law of nature in American courts.

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Our course on social justice and health began as an experiment between Roger Williams University School of Law and the Warren Alpert Medical School of Brown University. As a course for both law and medical students, it broke relatively new ground by focusing on the intersection between law and the social determinants of health and the ways in which lawyers and doctors might partner to address social and health disparities. The course blends professionalism, ethics, and problem-solving by using case studies (...) that raise practical challenges at the intersection of poverty, law, and health. This kind of collaborative, interdisciplinary teaching presents many challenges and rewards, which I discuss in this essay. (shrink)

Teaching medical ethics and law has become much more prominent in medical student education, largely as a result of a 1998 consensus statement on such teaching. Ethics is commonly taught at undergraduate level using lectures and small group tutorials, but there is no recognised method for transferring this theoretical knowledge into practice and ward-based learning. This reflective article by a Sheffield university undergraduate medical student describes the value of using a student-selected component to study practical clinical ethics (...) and the use of a clinical ethics checklist. The ethical checklist was proposed by Sokol as a tool for use by medical staff during the ward round to prompt the consideration of important ethical principles in relation to care. This paper describes additional uses for the checklist as a tool for teaching and learning about the practical application of ethical principles and for observing professional behaviours within a critical care and acute care environment. Evidence suggests that putting ethical behaviour into practice offers a far greater challenge to a newly qualified doctor than has been appreciated, and that more needs to be done at an undergraduate level to help combat this. This paper argues from a personal standpoint of an individual student experience that this can best be done in a clinical medical setting. (shrink)

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

Scholars debate whether Hobbes held to a command theory of law or to a natural law theory, and to what extent they are compatible. Curiously, however, Hobbes summarizes his own teachings by claiming that it is “natural justice” that sovereigns should study, an idea that recalls ancient virtue ethics and which is seemingly incompatible with both command and natural law theory. The purpose of this article is to explicate the general significance of natural justice in Leviathan. It is argued (...) that below the formal and ideological claims regarding the law’s legitimacy, the effective ground of the legitimacy of both the civil and natural laws is sovereign virtue. In turn, it is argued that the model for this idea was found in Aristotle. As such, this article constitutes a general recasting of Hobbes’s legal philosophy with a focus on the natural person of the sovereign. (shrink)

General Technology Course in senior high school focuses on skill training and the connection and comprehensive application of interdisciplinary knowledge, and it is a compulsory course for cultivating students' creative potential. However, GTC in domestic senior high school has low teaching efficiency and fails to cultivate students' creativity well. Fortunately, after years of theoretical and practical research in China, the Maker Education, which focuses on cultivating students' innovative ability, has produced well-recognized applied research results. For this reason, this paper (...) integrates the theories of ME into GTC. Combined the characteristics of ME and GTC, and followed the process of creation and the law of the expression of personality traits, we build a model of GTC based on ME to improve students' creativity effectively. In order to improve and optimize the designed teaching model, this study carried out three rounds of Action Research, designed the practical activities of GTC in senior high school, and revised the teaching model through action, observation and reflection continuously. Finally, this paper designed an experimental group and a control group. The experimental group adopts the recommended General Technology teaching model, and the control group adopts the traditional teaching model. Students were asked tested to take pre-test and post-test, and SPSS was used for analysis of ANCOVA and T-test. After analysis, the following experimental results were obtained: the teaching model proposed in this paper can improve students' creativity significantly and effectively; the adventurous, curiosity, imagination, challenge of students also have significant positive improvement. (shrink)

Our course on social justice and health began as an experiment between Roger Williams University School of Law and the Warren Alpert Medical School of Brown University. As a course for both law and medical students, it broke relatively new ground by focusing on the intersection between law and the social determinants of health and the ways in which lawyers and doctors might partner to address social and health disparities. The course blends professionalism, ethics, and problem-solving by using case studies (...) that raise practical challenges at the intersection of poverty, law, and health. This kind of collaborative, interdisciplinary teaching presents many challenges and rewards, which I discuss in this essay. (shrink)

Kelsen's 'Pure theory of law' was first presented in his fundamental work Hauptprobleme des Staatsrechtlehre (1911) and continued in both editions of Reine Rechtslehre (1934, 1958). Historically, it has a certain relation to John Austin's 'analytical jurisprudence', although Kelsen became acquainted with Austin's work for the first time in 1940. The 'pure theory of law' is a formal-logical analysis of law, considered as a system of norms, based philosophically on the strict distinction between 'is' and 'ought'. It is a normative (...) and positive doctrine, opposed both to positivism, showing the limitations of the positivistic approach, the whole legal order. His positivism is a formal analysis of the legal norm, of its elements and of the architecture of the legal order. Kelsen's concentration on the form of law recognizes the legitimacy of sociological investigations and the study of values in reference both to the contents and the making of law. Equally, his philosophical relativism of values is entirely compatible with his strong stand for democracy and the ideals of western culture. German text. (shrink)

The two major schools of thought in Indigenous−settler relations on the ground, in the courts, in public policy, and in research are resurgence and reconciliation. Resurgence refers to practices of Indigenous self- determination and cultural renewal. Reconciliation refers to practices of reconciliation between Indigenous and settler nations as well as efforts to strengthen the relationship between Indigenous and settler peoples with the living earth and making that relationship the basis for both resurgence and Indigenous−settler reconciliation. -/- Critically and constructively analyzing (...) these two schools from a variety of perspectives and lived experiences, this volume connects both discourses to the ecosystem dynamics that animate the living earth. Resurgence and Reconciliation is a truly multidisciplinary work, blending law, political science, political economy, women’s studies, history, anthropology, ecology, sustainability, and climate change. Its dialogic approach strives to put these fields in conversation and draw out the connections and tensions between them. -/- By using “earth teachings” to inform social practices, the editors and contributors offer a rich, innovative, and holistic way forward in response to the world’s most profound natural and social challenges. This timely volume shows how the complexities and interconnections of resurgence and reconciliation and the living earth are often overlooked in contemporary discourse and debate. (shrink)

What are the prospects for ambitious political reform in communities of traditional, passionate, and even self-righteous citizens? Can thoughtful legislators create a healthy society for citizens whose judgment is typically unsound? In a searching and provocative analysis, Ryan Balot addresses these timely - though universal - political questions by offering a novel interpretation of Plato's Laws. Turning to the ancient past is essential to reinvigorating our contemporary understanding of these all-important issues. Previous readers have either celebrated the work's idealism or (...) denounced its totalitarianism. Balot, by contrast, refuses to interpret the dialogue as a political blueprint, whether admirable or misguided. He shows instead that it constitutes Plato's greatest philosophical investigation of political life. In this transformative re-appraisal, Balot reveals that Plato's goal was to cultivate a tragic attitude toward our political passions, commitments, and aspirations. The result is a profound political inquiry with far-reaching consequences. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 87-96.

BackgroundA different ethos with respect to the perception of medical ethics prevails in societies in transition such as those in the Arabian Peninsula, which makes it difficult to apply international principles of bioethics in medical practice. This study aimed to develop and psychometrically test an instrument that measures physicians’ awareness of bioethics and medical law and their attitudes towards the practice of medical ethics. Additionally, it examined physician correlates influencing the awareness of bioethics.MethodsFollowing a rigorous review of relevant literature (...) by a panel of experts, a 13-item instrument, the Omani physicians’ bioethics and medical law awareness (OBMLA) questionnaire was developed with the aim of assessing physicians’ awareness of bioethics and medical law. The study tool’s construct validity and internal consistency reliability were examined by exploratory factor analysis (EFA) and Cronbach’s alpha. In a cross-sectional study, the questionnaire was distributed among a random sample of 200 physicians at a tertiary hospital in Muscat, Oman. Participant characteristics that may influence awareness of bioethics and medical law were explored.ResultsThe EFA of the OBMLA questionnaire resulted in three well-loading factors: (1) Physicians’ bioethics practice subscale (2) incentive related bioethics subscale and (3) medical law awareness subscale. Internal consistency reliability ranged between Cronbach’s α: 0.73–0.8. Of the total 200 participants, 52% reported that teaching medical ethics during medical school was inadequate. The overall mean (standard deviation, SD) of the bioethics awareness score and Omani medical law awareness were 27.6 (3.5) and 10.1 (2.1) respectively. The majority of physicians (73%) reported that they frequently encountered ethical dilemmas in their practice and 24.5% endorsed the view that unethical decisions tended to occur in their practice.ConclusionThe study provides an insight into the practice of bioethics, and the awareness of bioethics and medical law among physicians in a teaching hospital in Oman. The OBMLA questionnaire appears to be a valid and reliable tool to assess a physician’s awareness of bioethics and medical law. In this preliminary study, it appears that participants have suboptimal scores on the indices which measure practice and awareness of bioethics and medical law. (shrink)

Law is known to exist only being articulated in a language and discourse, and the students’ ability to comprehend and use its meta-language is one of the main goals for English for Legal Purposes (ELP) teaching. The knowledge of terminology enables students to fit new information (linguistic, disciplinary, factual, cultural, etc.) into the framework of the legal system they are studying. The acquisition of terminology in a foreign language implies knowledge of both conceptual content and the means of its (...) verbalization. This article argues for a cognitive approach to teaching Legal English, and frame modelling as an effective method of teaching and learning legal terminology. The heterogeneous structure of legal concepts (a permanent core and dynamic periphery) suggests the possibility of framing their verbal representations. From this perspective, legal terminology is viewed as a frame structure. Depending on the instructional objective, frame modelling may be circumscribed around a specific concept or frame level. (shrink)

The article begins with a view of recent developments in the discipline of business law. A model useful in the study of business ethics is presented. Business ethics is the philosophical examination of the body of values and conceptions that influence business decision making as well as being pervasive components of the social environment in which businesses operate. Our model is a four-part framework for approaching business ethics which is sensitive to its implications for business law. The model's four (...) parts are: (1) ethical theory, (2) institutional frameworks, (3) organizational cultures, and (4) individual moral choice and responsibility. Topics, issues, and kinds of material appropriate for approaching each of these four are presented, and a list of scholarly articles, books, and court cases, is included as a source of additional classroom material. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential nature of things—making evil (...) good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

In order to conquer and subjugate Africans, at the 1884 Berlin Conference, European countries dismembered Africa by carving her up into pieces and sharing her among themselves. European colonialists also antagonised Africans by setting up one ethnic African community against the other, thus promoting ethnic consciousness to undermine Pan-African consciousness. European powers also imposed their own “ethnic” languages, making them not only “official”, but also “international”. Consequently, as the Kenyan philosopher, Ngũgῖ wa Thiong’o, persuasively argues, through their ethnic languages, European (...) colonialists planted their memory wherever they went, while simultaneously uprooting the memory of the colonised. Cognisant of efforts in some South African institutions of higher learning to promote African languages for the purpose of promoting literacy in African languages, this article argues that while this exercise is commendable, ethnic African languages should be deliberately taught to “re-member” Africa and rediscover Pan-African consciousness. By doing this, African scholarship would be aiding Africans’ perennial and elusive quest for Pan-Africanism and the African Renaissance. Keywords: African Renaissance, Ethnic African Languages, Ethnic European Languages, European Colonialism, Pan-African Consciousness, Pan-Africanism. (shrink)

Four years ago, as colleagues in our university's law and medical schools, we designed and began offering a course for law, medical, and nursing students, studying professionalism and professional ethics by reading and discussing current and earlier images of nurses, doctors, and lawyers in literature. We wanted to make professional ethics, professional culture, and professional education the objects of study rather than simply the unreflective consequences of exposure to professional language, culture, and training. We wanted to do it in (...) an interdisciplinary course where aspiring professionals could share their self-conceptions and their conceptions of each other, and we wanted to do it by using stories, our primary means for organizing experience and claiming meaning for it. This article tells the story of that experience: why we did it; how we did it; what we learned from doing it. (shrink)

Many ideas grow better when transplanted into another mind than the one where they sprang up.

In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the (...) U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally. (shrink)

The importance and relevance of philosophy has come to be recognized more today than ever before in recent history. In many colleges and universities philosophy is now an essential component of interdisciplinary studies. The public interest in philosophy is increasing. UNESCO’s initiatives to promote philosophy are laudable. All these call for reimagining the study and teaching of philosophy for our contemporary time − a task worthwhile for philosophy studies in ecclesiastical institutes as well.

Big Ideas for Little Kids includes everything a teacher, a parent, or a college student needs to teach philosophy to elementary school children from picture books. Written in a clear and accessible style, the book explains why it is important to allow young children access to philosophy during primary-school education. Wartenberg also gives advice on how to construct a "learner-centered" classroom, in which children discuss philosophical issues with one another as they respond to open-ended questions by saying whether they agree (...) or disagree with what others have said. (shrink)