Results for 'legal dualism'

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  1. Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of (...)
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  2. Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism.Jean L. Cohen - 2012 - Cambridge University Press.
    Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic (...)
     
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  3.  38
    A Dualist Analysis of Abortion: Personhood and the Concept of Self Qua Experiential Subject.K. E. Himma - 2005 - Journal of Medical Ethics 31 (1):48-55.
    There is no issue more central to the abortion debate than the controversial issue of whether the fetus is a moral person. Abortion-rights opponents almost universally claim that abortion is murder and should be legally prohibited because the fetus is a moral person at the moment of conception. Abortion-rights proponents almost universally deny the crucial assumption that the fetus is a person; on their view, whatever moral disvalue abortion involves does not rise to the level of murder and hence does (...)
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  4.  96
    The Language Game of Responsible Agency and the Problem of Free Will: How Can Epistemic Dualism Be Reconciled with Ontological Monism?Jürgen Habermas - 2007 - Philosophical Explorations 10 (1):13 – 50.
    In this essay, I address the question of whether the indisputable progress being made by the neurosciences poses a genuine threat to the language game of responsible agency. I begin by situating free will as an ineliminable component of our practices of attributing responsibility and holding one another accountable, illustrating this via a discussion of legal discourse regarding the attribution of responsibility for criminal acts. I then turn to the practical limits on agents' scientific self-objectivation, limits that turn out (...)
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  5.  1
    Dualistic Qumran Concept in the Context of the Christian Worldview.S. Valah - 1997 - Ukrainian Religious Studies 5:36-39.
    The Qumran community of Essenes belongs to the religious sects of Palestine II. BC - 1st century BC not. It arose in the line of Judaism and was closely connected with the Jewish religion. This is evidenced by the spiritual library of the community and the strict observance of the law of Moses by its members. In order to get closer to the understanding of nature and the essence of spirituality, one should not only take into account the complete (...) features of its similarity to official or normative Judaism, but to note the differences that existed between them. These differences were determined in the social and religious isolation of the Qumran community from the Jewish community and were reflected in a desert, similar to the monastic way of life, in rejection of participation in the temple cult, a specific ritual of washing, different from the established burial ceremony, in the use of a special solar calendar. All this testifies at the same time to the specificity of the ideological views of the members of the Qumran Brotherhood. It is difficult to say whether the theological system of the Qur'an outlook has survived to date, since its essential elements were transmitted orally and not recorded. (shrink)
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  6. Methodological Dualism in Kelsen's Das Problem der Souveränität.Stanley L. Paulson - 1993 - In K. B. Agrawal & R. K. Raizada (eds.), Sociological Jurisprudence and Legal Philosophy: Random Thoughts On. University Book House.
     
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  7.  21
    Legal Status of the Sole Managing Body: Is Unambiguousness Possible?Agnė Tikniūtė & Jūratė Usonienė - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):1095-1111.
    The article analyses the key issues of the legal status of the sole managing body from the perspective of the valid legal regulation, the established case-law and doctrine. The first part of the article analyses the dualism of the manager’s legal status from the perspective of civil law and labour law. The analysis of the latest case-law presented herein shows that the rule of “internal” and “external” relations between the manager and the company formulated in the (...)
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  8.  3
    Kelsen on Monism and Dualism.Torben Spaak - 2013 - In Marko Novakovic (ed.), Basic Concepts of Public International Law: Monism and Dualism.
    Kelsen defends monism, that is, the view that international law and the various state legal systems taken together constitute a unified normative system, and the primacy of international law over state law within the monistic framework. He argues in support of the -claim that only monism is compatible with the epistemological postulate, according to which cognition requires the unity of the object of cognition, that the norm conflicts that are said by the critics of monism to undermine monism are (...)
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  9.  81
    It Takes Two: Ethical Dualism in the Vegetative State.Carolyn Suchy-Dicey - 2009 - Neuroethics 2 (3):125-136.
    To aid neuroscientists in determining the ethical limits of their work and its applications, neuroethical problems need to be identified, catalogued, and analyzed from the standpoint of an ethical framework. Many hospitals have already established either autonomy or welfare-centered theories as their adopted ethical framework. Unfortunately, the choice of an ethical framework resists resolution: each of these two moral theories claims priority at the exclusion of the other, but for patients with neurological pathologies, concerns about the patient’s welfare are treated (...)
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  10.  2
    Rethinking Legal Education From Aristotle’s Theory of Emotions and the Contemporary Challenges of the Practical Realization of Law.Ana Silvestre - 2018 - In Nuno Coelho & Liesbeth Huppes-Cluysenaer (eds.), Aristotle on Emotions in Law and Politics. Springer Verlag.
    The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s (...)
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  11.  8
    Social Peace as Conditio Tacita for the Validity of the Positive Legal Order.Mathijs Notermans - 2015 - Law and Philosophy 34 (2):201-227.
    My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch (...)
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  12.  31
    Meta-Ethical Agnosticism in Legal Theory: Mapping a Way Out.Sylvie Delacroix - 2010 - Jurisprudence 1 (2):225-240.
    In his review of Bernard Williams' Ethics and the Limits of Philosophy, Hart eloquently formulated an apprehension that still haunts much of contemporary jurisprudence: if the moral 'I must' has to be 'seen as coming not from outside, but from what is most deeply inside us? the fear is that this will not be enough'. I argue that this fear is the byproduct of the dualist outlook within which Hart—and a significant part of contemporary legal theory—is confined: because of (...)
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  13.  8
    Private Association and Public Brand: The Dualistic Conception of Political Parties in the Common Law World.Graeme Orr - 2014 - Critical Review of International Social and Political Philosophy 17 (3):332-349.
    This paper examines the legal conception of political parties. It does so by unearthing the history and ontology of the common law relating to political parties in international perspective. The flexibility of the unincorporated association, in which parties are understood through the private law of contract as networks of internal rules or agreements, rather than as legal entities, has proven to be a mask. In the common laws imagination, the ideal party is a ground-up organization animated by its (...)
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  14.  17
    Towards a New Analytical Framework for Legal Communication.Hanneke van Schooten - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (3):425-461.
    This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules (...)
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  15. Crimes Against Minds: On Mental Manipulations, Harms and a Human Right to Mental Self-Determination. [REVIEW]Jan Christoph Bublitz & Reinhard Merkel - 2014 - Criminal Law and Philosophy 8 (1):51-77.
    The neurosciences not only challenge assumptions about the mind’s place in the natural world but also urge us to reconsider its role in the normative world. Based on mind-brain dualism, the law affords only one-sided protection: it systematically protects bodies and brains, but only fragmentarily minds and mental states. The fundamental question, in what ways people may legitimately change mental states of others, is largely unexplored in legal thinking. With novel technologies to both intervene into minds and detect (...)
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  16.  41
    The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW]Philip Bielby - 2005 - Medicine, Health Care and Philosophy 8 (3):357-369.
    Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity (...)
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  17.  39
    Dialectical Snares: Human Rights and Democracy in the World Society.Hauke Brunkhorst - 2009 - Ethics and Global Politics 2 (3).
    The paper starts with a thesis on the dialectical structure of modern law that goes back the European revolutionary tradition and constitutes a legal structure that is at once emancipatory and repressive. Once it became democratic the modern nation states has solved more or less successfully the crises that emerged in modern Europe since the 16th Century. Yet, this state did not escape the dialectical snares of modern law and modern legal regimes. It’s greatest advance, the exclusion of (...)
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  18.  16
    Modern Water Ethics: Implications for Shared Governance.Jeremy J. Schmidt & Dan Shrubsole - 2013 - Environmental Values 22 (3):359-379.
    It has been suggested that water and social values were divorced in modernity. This paper argues otherwise. First, it demonstrates the historical link between ethics and politics using the case of American water governance. It engages theories regarding state-centric water planning under 'high modernism' and the claim that water was seen as a neutral resource that could be objectively governed. By developing an alternate view from the writings of early American water leaders, J.W. Powell and W.J. McGee, the paper offers (...)
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  19.  25
    Constituent Power and Civil Disobedience: Beyond the Nation-State?William E. Scheuerman - 2018 - Journal of International Political Theory 15 (1):49-66.
    Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet (...)
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  20.  39
    Differences From Somewhere: The Normativity of Whiteness in Bioethics in the United States.Catherine Myser - 2003 - American Journal of Bioethics 3 (2):1 – 11.
    I argue that there has been inadequate attention to and questioning of the dominance and normativity of whiteness in the cultural construction of bioethics in the United States. Therefore we risk reproducing white privilege and white supremacy in its theory, method, and practices. To make my argument, I define whiteness and trace its broader social and legal history in the United States. I then begin to mark whiteness in U.S. bioethics, recasting Renee Fox's sociological marking of its American-ness as (...)
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  21.  30
    Reason and Responsibility: Readings in Some Basic Problems of Philosophy.Joel Feinberg - 1965 - Dickenson Pub. Co..
    Joel Feinberg : In Memoriam. Preface. Part I: INTRODUCTION TO THE NATURE AND VALUE OF PHILOSOPHY. 1. Joel Feinberg: A Logic Lesson. 2. Plato: "Apology." 3. Bertrand Russell: The Value of Philosophy. PART II: REASON AND RELIGIOUS BELIEF. 1. The Existence and Nature of God. 1.1 Anselm of Canterbury: The Ontological Argument, from Proslogion. 1.2 Gaunilo of Marmoutiers: On Behalf of the Fool. 1.3 L. Rowe: The Ontological Argument. 1.4 Saint Thomas Aquinas: The Five Ways, from Summa Theologica. 1.5 Samuel (...)
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  22. A Defense of Brain Death.Nada Gligorov - 2016 - Neuroethics 9 (2):119-127.
    In 1959 two French neurologists, Pierre Mollaret and Maurice Goullon, coined the term coma dépassé to designate a state beyond coma. In this state, patients are not only permanently unconscious; they lack the endogenous drive to breathe, as well as brainstem reflexes, indicating that most of their brain has ceased to function. Although legally recognized in many countries as a criterion for death, brain death has not been universally accepted by bioethicists, by the medical community, or by the public. I (...)
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  23.  23
    On the Issue of Relationship of the European Union and International Law.Saulius Katuoka - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (3):841-854.
    The paper analyses the relevant issue of the relationship of international law and European Union law. Therefore, independent systems of law exist, which inevitably arise the issue of relationship and interaction of these systems. Legal literature analyses the question of the relationship of these two systems of law on the basis of various aspects. The author has chosen the following structure of the paper: first, the general problem of the relationship of international and European Union law is discussed. While (...)
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  24.  29
    Democratic Self-Determination Through Anarchic, Public Will-Formation.Hauke Brunkhorst - 2018 - Philosophical Inquiry 42 (1-2):190-203.
    Aim is a robust theory of deliberative democracy. Therefore, three theses are explained by two historical examples, the revolution of 1848 in France, and the new social movements that emerged in the 1960s. The theses are that democratic will-formation is related internally to truth. The foundation and justification of all legal norms in public will-formation presupposes the sublation of the liberal dualism of democracy and rights and of the idealist dualism of rationality and reality in favor of (...)
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  25. Lacan, Deleuze and World Politics: Rethinking the Ontology of the Political Subject.Andreja Zevnik - 2016 - Routledge.
    This book aims to re-think the way in which the subject is inscribed in the modern political, and does so by exploring the potentiality of Lacano-Deleuzian theoretical framework. It concerns a different ontology and a non-dualist understanding of political and legal existence, by focusing on questions such as _how to think alternative notions of political existence_ and _what kind of political, social and legal order do these come to create. _ This investigation into political appearance of subjects through (...)
     
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  26.  8
    John Dewey: Philosopher of Science and Freedom.Sidney Hook - 1950 - New York: Barnes & Noble.
    John Dewey and the spirit of pragmatism, by H. M. Kallen.--Dewey and art, by I. Edman.--Instrumantalism and the history of philosophy, by G. Boas.--Culture and personality, by L. K. Frank.--Social inquiry and social doctrine, by H. L. Friess.--Dewey's theories of legal reasoning and valuation, by S. Ratner.--John Dewey and education, by J. L. Childs.--Dewey's revision of Jefferson, by M. R. Konvitz.--Laity and prelacy in American democracy, by H. W. Schneider.--Organized labor and the Dewey philosophy, by M. Starr.--The desirable and (...)
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  27.  8
    Experientia lucrativa? Erfahrungswissen und Wissenserfahrung im europäischen Mittelalter.Martin Kintzinger - 2012 - Das Mittelalter 17 (2):95-117.
    In this essay Martin Kintzinger takes as his starting point observations on the current debate regarding knowledge and asserts a lack of reflection on the status of knowledge in pre-modern societies. In Sebastian Brant’s work ‘Narrenschiff’ and other contemporary critical writings, Kintzinger finds evidence that the medieval critique of experts was not by necessity a critique of expertise per se. Rather, it often was a critique of an expertise based on purely theoretical book learning, deemed unpractical and inapplicable. Significantly, there (...)
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  28. Response: A Defence of a New Perspective on Euthanasia.David Shaw - 2011 - Journal of Medical Ethics 37 (2):123-125.
    In two recent papers, Hugh McLachlan, Jacob Busch and Raffaele Rodogno have criticised my new perspective on euthanasia. Each paper analyses my argument and suggests two flaws. McLachlan identifies what he sees as important points regarding the justification of legal distinctions in the absence of corresponding moral differences and the professional role of the doctor. Busch and Rodogno target my criterion of brain life, arguing that it is a necessary but not sufficient condition and that it is not generalisable. (...)
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  29.  1
    The Normativity of Law.Jerzy Stelmach & Bartosz Brożek (eds.) - 2011 - Copernicus Center Press.
    The problem of legal normativity is one the most controversial issues in the philosophy of law. It was already a subject of heated debate in the 19th century and, over the last 100 years, the study of normativity has taken many shapes and forms, from Kelsen's dualism, through the reductionism proposed by legal realists, to some nihilistic stances. In recent years, there has been a renewed interest in the problems surrounding the concept of law's normativity, and this (...)
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  30.  7
    A Union of Peoples: Europe as a Community of Principle.Pavlos Eleftheriadis - 2020 - Oxford, UK: Oxford University Press.
    Many political and legal philosophers compare the EU to a federal union and believe its basic laws should be subject to the standards of constitutional law, and thus find it lacking or incomplete. This book proposes a rival theory: that the substance of EU law is not constitutional, but international, and provides a close examination of the treaties and the precedents of the European courts to explore this concept further. -/- Just like international law, EU law applies primarily to (...)
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  31. How Belief-Credence Dualism Explains Away Pragmatic Encroachment.Elizabeth Jackson - 2019 - Philosophical Quarterly 69 (276):511-533.
    Belief-credence dualism is the view that we have both beliefs and credences and neither attitude is reducible to the other. Pragmatic encroachment is the view that stakes alone can affect the epistemic rationality of states like knowledge or justified belief. In this paper, I argue that dualism offers a unique explanation of pragmatic encroachment cases. First, I explain pragmatic encroachment and what motivates it. Then, I explain dualism and outline a particular argument for dualism. Finally, I (...)
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  32.  5
    Law, Diagram, Film: Critique Exhausted.Anne Bottomley & Nathan Moore - 2012 - Law and Critique 23 (2):163-182.
    What potential can be found in the work of Deleuze and Guattari for critical legal scholarship? The authors argue that their work can be deployed to re-think ‘critique’ by directly addressing the place and role of the ‘critic’. It is argued that the continued commitment to a stance of ‘resistance’ in CLS is underpinned by never-ending dualisms which, if not confronted and replaced, can only make CLS ever more redundant. The authors ask: ‘what is critique beyond the dualism (...)
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  33.  6
    The Global Regulation of “Fake News” in the Time of Oxymora: Facts and Fictions About the Covid-19 Pandemic as Coincidences or Predictive Programming?Rostam J. Neuwirth - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-27.
    The beginning of the twenty-first century saw an apparent change in language in public discourses characterised by the rise of so-called “essentially oxymoronic concepts”, i.e., mainly oxymora and paradoxes. In earlier times, these rhetorical figures of speech were largely reserved for the domain of literature, the arts or mysticism. Today, however, many new technologies and other innovations are contributing to their rise also in the domains of science and of law. Particularly in law, their inherent contradictory quality of combining apparently (...)
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  34.  30
    Retribution, Crime Reduction and the Justification of Punishment.David Wood - 2002 - Oxford Journal of Legal Studies 22 (2):301-321.
    The ‘dualist project’ in the philosophy of punishment is to show how retributivist and reductivist (utilitarian) considerations can be combined to provide an adequate justification of punishment. Three types of dualist theories can be distinguished—‘split‐level’, ‘integrated’ and ‘mere conjunction’. Split‐level theories (e.g. Hart, Rawls) must be rejected, as they relegate retributivist considerations to a lesser role. An attempted integrated theory is put forward, appealing to the reductivist means of deterrence. However, it cannot explain how the two types of considerations, retributivist (...)
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  35.  16
    Kelsen's Theory on International Law During His Exile in Geneva.Mario G. Losano - 2015 - Ratio Juris 28 (4):470-485.
    Kelsen's monistic theory of international law was shaped during his exile in Geneva, but its deep roots are to be found in his Pure Theory of Law, centred on the neo-Kantian notion of “system.” According to this conception, a legal system can only descend from a single principle. Consequently, Kelsen constructed a monistic theory of law, i.e., a legal system incorporating all norms into a pyramidal structure culminating in a single principle: the fundamental norm. This Kelsenian pyramid must (...)
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  36. Silent Legacy: The Unseen Ways Great Thinkers Have Shaped Our Culture.Paul Henderson - 2008 - Maxim Institute.
    This book invites you into conversation with some of the great minds who have formed history; those who have thought and dreamed great things, shaping and moulding the culture and the civilisation we have inherited. Silent Legacy is the story of philosophy: from ancient Greece to the contemporary West; a primer, an introduction to digging a little deeper. In this book we see the gradual rippling out of Kantian consequence; from Nietzsche's deconstruction of objective morality, to Kierkegaard's subjectivity, Wittgenstein's deconstruction (...)
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  37. Whatever Happened to "Wisdom"?: "Human Beings" or "Human Becomings?".Roger Ames & Yih-Hsien Yu - 2007 - Philosophy and Culture 34 (6):71-87.
    Sri Lanka completed eloquent pull Dage described the love of wisdom is a holistic, practical way of life, which of course requires an abstract, theoretical science of meditation, more importantly, it also contains many religious practices is legal, such as flexible do not rot the soul, bitter conduct regular ring legal, social and political reform program, sustained ethics reflection, body control, dietary rules and taboos. However, this Pythagorean philosophy as a better life to all the light and fade (...)
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  38.  5
    Plural Ownership, Funds, and the Aggregation of Wills.Joshua Getzler - 2009 - Theoretical Inquiries in Law 10 (1):241-270.
    This Article suggests that common ownership — better described as "plural ownership" to distinguish the phenomenon from semicommons — may usefully be analyzed from a dual perspective. Plural ownership may simultaneously be seen on the one hand as an aggregation of individualized rights, duties and intentions, and on the other as giving rise to a real entity with a group mind and corporate rights and duties distinct from those of the individual owners. For the purposes of understanding this dualism, (...)
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  39. Editorial, Cosmopolis. Spirituality, Religion and Politics.Paul Ghils - 2015 - Cosmopolis. A Journal of Cosmopolitics 7 (3-4).
    Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...)
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  40. Institutional Constructivism in Social Sciences and Law: Frames of Mind, Patterns of Change.Dora Kostakopoulou - 2018 - Cambridge University Press.
    This book proposes a new institutional constructivist model, for social scientific and legal enquiries, based on the interrelations within the social and political world and the application of change in EU laws and politics. Much of the research conducted in social sciences and law examines the diverse activities of individuals and collectivities and the role of institutions in the social and political world. Although there exist many vantage points from which one can gain entry into understanding how agents in (...)
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  41.  33
    A Western Cultural Illusion.Andityas Soares De Moura Costa Matos - 2012 - Cultura 9 (1):43-55.
    Considering the basic assumption that the modern Law and State theory does not only bear similarities, but also draws true epistemological parallels to theconstructions of Theology, Hans Kelsen intends to lay bare the ideological meaning that lies at the very core of the traditional dualism which constitutes Law and State into autonomous entities. Taking into account Kelsen´s original perceptions – which are seconded by more recent contributions from Claude Lefort and Hans Lindahl’s political and symbolic concepts and from Carl (...)
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  42.  2
    The Conflictual Theory of Law.Julius M. Rogenhofer - 2020 - Contemporary Pragmatism 17 (2-3):170-192.
    This article introduces the conflictual theory of law as a new way of understanding laws as struggles over meaning, in which actors create and circulate social knowledge to justify their interpretation of rights. The theory addresses law-production processes and underlying knowledge/power constructs, for example, in legislative deliberations and interactions between politicians and the media. It shares pragmatist commitments to a highly participative version of democracy, attained through the active involvement of all members of society in democratic processes and rejects claims (...)
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  43.  19
    The Pure Theory of Law. [REVIEW]J. B. R. - 1967 - Review of Metaphysics 21 (2):372-372.
    It is good to have this fine English translation of the second German edition of Kelsen's Reine Rechtslehre, which has heavily influenced so much contemporary thought on jurisprudence and the philosophy of law. Reading Kelsen now one is struck by the stilted and naïve positivism that pervades his thought. At the same time, one is also impressed by the clarity that he brings to what is normally a very muddled area. There is a bold statement of the "pure" theory, a (...)
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  44.  30
    The Keyboard Blues: Modern Technology and the Rights and Risks of People at Work. [REVIEW]Patricia Shipley - 1995 - AI and Society 9 (1):57-79.
    Health and safety at work is a moral imperative, but the debates emphasise only the economic and legal sides. Drawing on case material from working with VDUs and other forms of modern technology it is shown that loss of control over their immediate work processes can be stressful and potentially harmful to responsible operators. Autonomy and freedom in work process control enhances the power that workers have to protect their health. It is suggested that unquestioned divisive and dualistic practices (...)
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  45.  10
    Emotions and Sentiments in Judicial Deliberation.Ana Carolina de Faria Silvestre - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):121-132.
    The traditional perspective on emotions, anchored in the Western philosophical tradition, assumes an irretrievable dualism between emotions and reason. Emotions are assumed as forces, which can blind a person’s view and lead them to do terrible things. For this reason, emotions must be put aside during rational deliberation. For common sense, including legal common sense, emotions are dangerous and are unrelated to rational decision-making. Nevertheless, Aristotelian’s perspective on the relationship between emotions, reason and practical deliberation is enlightening. Emotions (...)
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  46.  58
    Monismo Metodológico Y Dualismo Analítico, Teórico Y Semiótico En la Filosofía Del Derecho.Unzuita María Ángeles Barrere - 1988 - Theoria 4 (1):163-176.
    In this paper, a series of observations have been made on the pecularities originated by the Theory of Law as an autonomous subject within the wider framework of the Philosophy of Law. The object of these observations is not, however, the Theory of Law in genere but the Theory of Law as understood and defended by some Italian Philosophers of Law of the so-called ‘Bobbio School’. As a result of this examination, it can be seen how a methodological approach to (...)
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  47.  16
    Monismo metodológico y dualismo analítico, teórico y semiótico en la Filosofía del Derecho.Barrere Unzuita & María Ángeles - 1988 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 4 (1):163-176.
    In this paper, a series of observations have been made on the pecularities originated by the Theory of Law as an autonomous subject within the wider framework of the Philosophy of Law. The object of these observations is not, however, the Theory of Law in genere but the Theory of Law as understood and defended by some Italian Philosophers of Law of the so-called ‘Bobbio School’. As a result of this examination, it can be seen how a methodological approach to (...)
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  48.  10
    Del Vaticano II... a ¿Jerusalén II? (From Vatican II... to Jerusalem)I? - DOI: 10.5752.P2175-5841.2011v9n24p1257.Víctor Codina - 2011 - Horizonte 9 (24):1257-1266.
    O artigo recorda as linhas fundamentais das mudanças produzidas pelo Vaticano II, dentre outras: a recuperação da eclesiologia de comunhão, típica do primeiro milênio da história da Igreja; a afirmação de uma eclesiologia orientada ao Reino; o surgimento de uma igreja que passa a se autocompreender como sacramento de salvação, servidora, caminhante, comprometida com os pobres. Em contraposição a esses avanços, o artigo refere-se às lacunas e sombras que envolvem o Vaticano II: a dualidade entre a afirmação de uma Igreja (...)
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  49.  11
    The Realignment of the Sources of the Law and Their Meaning in an Information Society.Ugo Pagallo - 2015 - Philosophy and Technology 28 (1):57-73.
    The paper examines the realignment of the legal sources in an information society, by considering first of all the differences with the previous system of sources, dubbed as the “Westphalian model”. The current system is tripartite, rather than bipartite, for the sources of transnational law should be added to the traditional dichotomy between national and international law. In addition, the system is dualistic, rather than monistic, because the tools of legal constructivism, such as codes or statutes, have to (...)
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  50.  14
    Dworkin’s Unity of Value: An Interpretation and Defense.Luke MacInnis - 2020 - Res Publica 26 (3):403-422.
    Ronald Dworkin’s unity of value thesis underlies his influential moral, political, and legal thought. This essay presents an interpretation of the unity thesis designed to isolate its distinctly ethical character, elaborate Dworkin’s fundamental ethical arguments for it, and to utilize this reconstruction to correct misinterpretations that, I argue, underlie recent criticism. This criticism largely depends on construing the unity thesis within a familiar dualistic meta-ethical framework according to which Dworkin’s theory of value is classified as either constructivist or realist (...)
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