the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in metaphysics, (...) which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in metaphysics, (...) which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

Many philosophers take the view that, while coercion is a prominent and enduring feature of legal practice, its existence does not reflect a deep, constitutive property of law and therefore coercion plays at best a very limited role in the explanation of law's nature. This view has become more or less the orthodoxy in modern jurisprudence. I argue that an interesting and plausible possible role for coercion in the explanation of law is untouched by the arguments in support of the (...) orthodox view. Since my main purpose is to clear the ground for the alternative, I spell out the orthodox view in some detail. I then briefly sketch the alternative. Finally, I turn to Jules Coleman's discussion of the alternative. (shrink)

The main thesis of Scott Hershovitz's recent book is in its title: Law is a Moral Practice. By this, Hershovitz means that legal practices aim to adjust people's moral relationships (and generally succeed in doing so). He further thinks that lawyers' arguments in court concern the precise moral effect of legal practices on the moral relationships of the parties. They are, in other words, moral arguments that aim to identify the parties' moral relationships, which implies that the rights and duties (...) contested in court are moral rights and duties. To defend the thesis, Hershovitz focuses on cases or phenomena that seem best to fit the competing, nonmoral view, and show that, in spite of initial appearances, these too can be better accounted for by the moral practice view. This is a risky strategy for it does not allow for presenting the view at its strongest, and may encourage confusion over what the final position is. Indeed, it seems to me that Hershovitz ends up leaving an opening, an exit for his opponent that I think survives Hershovitz's arguments in favour of the moral practice view, and indicates that, in the end, the opponent has the better, more nuanced view. (shrink)

The association between online Flow and Internet Gaming Disorder (IGD) has attracted significant attention. Despite the consensus that online Flow plays a pivotal role in the development of IGD and other Internet addictive behaviours, there has been a lack of consistency in measurement scales used to assess online Flow. Even widely used measures of online Flow have not been psychometrically assessed across culturally diverse populations of gamers. Such an assessment would enhance the accuracy of cross-cultural comparisons regarding the association between (...) online Flow and IGD. Attending to this need, the present study assessed the psychometric properties of the binary coded (i.e. Yes, No) Online Flow Questionnaire (OFQ), while concurrently taking into consideration country, age, language, and mode of data collection (online or face-to-face) differences. Two sequences of successive multiple group confirmatory factor analyses were used to assess the psychometric properties of the OFQ, between: a) emergent adults from the United States of America (N = 482, Mage = 25.23, SD = 2.746) and Australia (N = 168, Mage = 23.55, SD = 3.37) and b) adolescents from Greece (N = 1579, Mage = 16.12, SD =.849) and Cyprus (N = 1372, Mage = 15.54, SD =.656). Configural and partial metric invariance were confirmed between the USA and Australian samples. For the Greek and Cypriot samples, results indicated full configural and metric invariance. These results provide initial information to researchers and clinicians of the extent to which the OFQ maintains its consistency when used across cultures and invite for further cross-cultural studies in the field. Implications, as well as limitations, are discussed. (shrink)

Near the end of the last century, some legal philosophers adapted the so called causal theories of reference to solve internal problems in legal theory. Among those philosophers, Nicos Stavropoulos adjusted Hilary Putnam’s semantic externalism claiming it as a better philosophical view than legal positivism defended by Herbert Hart. According to him, what determines the correct application of a legal rule must be determined by the objects themselves. In that case, what determines the reference of legal terms is an (...) issue to be solved by the best theory developed. However, this is not the case necessarily: Hart’s model can reach to the same conclusions as an externalist adjustment of law. Furthermore, the epistemic criteria required by Putnam to deal with value judgements are also acceptable in a positivist model. This paper presents the central thesis of Putnam’s semantic externalism, with Stavropoulos adaptations to law, and defends that Hart’s approach to deal with legal rules and Putnam’s approach to deal with language rules can converge. (shrink)

Two methodological claims in Hart's TheConceptofLaw have produced perplexity: that it is a book on 1 and that it may also be regarded as an essay in 2 Are these two ideas reconcilable? We know that mere analysis of our legal concepts cannot tell us much about their properties, that is, about the empirical aspect of law. We have learned this from philosophical criticisms of conceptual analysis; yet Hart informs us that analytic jurisprudence can be reconciled with descriptive sociology. The (...) answer to this puzzle lies in the notion of nonambitious conceptual analysis. The theorist analyzes concepts but accepts the limitations of conceptual analysis and therefore uses empirical knowledge and substantive arguments to explain, refine, or perhaps refute initial insights provided by intuitions. This is the conclusion that this paper arrives at as an argumentative strategy to defend Hart's legal theory from the criticisms of Stavropoulos and Dworkin. The latter argues that Hart's legal theory cannot explain theoretical disagreements in law because he relies on a shared criterial semantics. Stavropoulos aims to show that Hart's semantics is committed to ambitious conceptual analysis and relies on the usage of our words as a standard of correctness. Both attacks aim to show that the semantic sting stings Hart's legal theory. This essay refines both challenges and concludes that not even in the light of the most charitable interpretation of these criticisms is Hart's legal theory stung by the semantic sting. This study defends the view that Hart's methodological claims were modest and that he was aware of the limits of conceptual analysis as a philosophical method. He was, this study claims, far ahead of his time. (shrink)

Concept of ethics in Ādi-Granth, Sikh canon.

What significance does the body have in the process of teaching and learning? In what way can the thoughts of a contemporary junior-level teacher in this regard be connected to the theory of the lived body formulated by the French phenomenologist philosopher Maurice Merleau-Ponty (1908-1961), and vice versa? The aim of this paper is to illuminate, enable understanding and discuss the meaning of the body in the learning process, with specific focus on the learning of writing as embodied experience. In (...) the process, the boundaries of learning are also explored. While understanding the significance both of learning as embodied experience and of the boundaries of learning is essential within the educational field, in this paper the discussion is limited to exploring how learning as embodied experience and the boundaries of learning can be viewed by taking Merleau-Ponty's notions as theoretical starting points. In an attempt to answer the aim and connect the paper's theoretical point of departure with a voice from a teacher, an interview with a junior-level teacher was conducted. The paper thus offers a theoretical contribution to the field of educational research, but one in which the theory is exemplified by, and connected to, a teacher's voice. Accordingly, the paper concludes by summarising the common understandings of learning held theoretically by Merleau-Ponty and made real in the activities of the contemporary junior-level teacher. (shrink)

Interpretivist theories of law / Nicos Stavropoulos -- How facts make law / Mark Greenberg -- On the normative significance of brute facts / Ram Neta -- On practices and the law / Mark Greenberg -- Supervenience, value, and legal content / Enrique Villanueva -- Reasons without values? / Mark Greenberg -- Theory, practice and ubiquitous interpretation : the basics / Martin Stone -- Law as a reflective practice / Scott Hershovitz -- On reflective practices and 'substituting for God' (...) / Martin Stone -- Metasemantics and objectivity / Ori Simchen -- Can objectivity be grounded in semantics? / Michael S. Moore -- A hybrid theory of claim-rights / Gopal Sreenivasan -- Is the will theory of rights superseded by the hybrid theory? / Horacio Spector -- In defense of the hybrid theory / Gopal Sreenivasan. (shrink)

More than 50 years after it was first published, The Concept of Law remains the most important work of legal philosophy in the English-speaking world. In this volume, written for both students and specialists, 13 leading scholars look afresh at Hart's great book. Unique in format, the volume proceeds sequentially through all the main ideas in The Concept of Law: each contributor addresses a single chapter of Hart's book, critically discussing its arguments in light of subsequent developments in the field. (...) Four concluding essays assess the continued relevance for jurisprudence of the 'persistent questions' identified by Hart at the beginning of The Concept of Law. The collection also includes Hart's 'Answers to Eight Questions', written in 1988 and never before published in English. Contributors include Timothy Endicott, Richard HS Tur, Pavlos Eleftheriadis, John Gardner, Grant Lamond, Nicos Stavropoulos, Leslie Green, John Tasioulas, Jeremy Waldron, John Finnis, Frederick Schauer, Pierluigi Chiassoni and Nicola Lacey. (shrink)

Context: Non-dualism suggests a new way of utilizing language without the assumption of categorically extralinguistic objects denoted by language. Problem: What is the innovative potential, what is the special value of non-dualism for science? Is non-dualism a fruitful conceptual revision or just a philosophical thought experiment with no or little significance for science? Method: We provide a concise introduction to non-dualism’s central new proposals and an overview of the papers. Results: Fourteen contributors show how this way of thinking and speaking (...) can be operationalized creatively, but also address some of its boundaries. Implications: Since not all of the aspects and problems highlighted for discussion in the original Call for Papers were answered satisfactorily, further research is necessary. For example, research is needed on the relationship between dualism’s distinction between object language and metalanguage on the one hand and non-dualism’s distinction between descriptions so far and descriptions from now on on the other; or on the infinite regress allegations by non-dualism against dualism. Constructivist content: Some authors show that non-dualist thinking is anti-essentialist, in a similar way as constructivist thinking. Some also show that comparable questions arise; for example, the question of whether non-dualism denies the material world (containing extralinguistic objects). (shrink)

The growing gap between demands and resources is putting immense pressure on all government spending in Sweden. The gap is especially apparent in care and services for elderly people in light of the rapid aging of the population. The article considers the decisions and priorities concerning resource allocation in the welfare sector in general and in elderly care in particular. The aim is to describe the political and administrative setting and to provide a conceptual structure that outlines the nature of (...) the problem. Various levels of decision making are identified and discussed in the context of political accountability. Current transitions in elderly care are described with respect to service provision, marketisation, coverage rates, and eligibility standards. Basic principles of distribution are highlighted in order to clarify some central concepts of efficiency and justice, and a number of strategies for actual prioritising are identified. The article concludes with an endorsement of more conscious decisions in resource allocation. Existing knowledge and information concerning the effects of various strategies must be utilised, and the values and assumptions used for setting priorities must be made explicit. (shrink)

Context: On 12 November 2010, Ernst von Glasersfeld passed away. He was one of the most important, if not the most important, proponents of constructivist philosophy. Problem: In his life Ernst influenced many other scientists and philosophers. By whom was he himself influenced; who shaped his intellectual development? By collecting contributions from those who knew him closely or have an excellent understanding of radical constructvism we aim at presenting a cartography of the past and current state of affairs of radical (...) constructivism. These contributions should also shed light on the question of the legacy that Ernst leaves behind. Method: Some 25 authors accepted our invitation to contribute to this commemorative issue. Some texts are reminiscence essays expressing their friendship with Ernst, others are academic papers that investigate Ernst’s influence in various disciplines. Two contributions Ernst von Glasersfeld authored himself. Results: Ernst von Glasersfeld is described as an intellectual mentor for many of his students. His legacy is alive in many disciplines ranging from education science to linguistics. Implications: Ernst’s impact on mathematics education is described in some detail in these articles. However, his impact on science education has also been extensive. Constructivism is a foundation stone in the thinking behind the curriculum in many countries and this collection of papers should be useful to practitioners and researchers in education. We think that the work on conceptual analysis could be used more fully as a tool for modelling emerging concepts and hope that the articles here will facilitate interest in this aspect of Ernst’s work. (shrink)

El artículo expone dos visiones acerca de la legitimidad del castigo en contextos de exclusión social. En la primera parte, uno de los autores defiende la idea de que los Estados que incumplen con obligaciones legales previas no pueden inculpar a quienes cometan delitos vinculados con ese incumplimiento. No pueden hacerlo porque no tienen el estatus moral para hacerlo de acuerdo a dos objeciones: la de complicidad y la de hipocresía. En la segunda parte, la segunda autora critica esta solución (...) al sostener que la falta de reciprocidad que caracteriza a la relación política vuelve inaplicables las objeciones de hipocresía y complicidad al ámbito del castigo penal estatal. (shrink)

In recent years attention to the philosophical and literary production of P. A. Florenskii has become commonplace. The thinker's intellectual legacy is very great. In September 1919, Florenskii wrote a prospectus for a collection of his own writings, which would have amounted to nineteen volumes. The collection was not published, for a number of reasons; nonetheless, many of the philosopher's works did come out during his lifetime. Florenskii's writing, published in small editions and scattered among various journals, are still quite (...) inaccessible to readers. (shrink)

This article must open with a Warning. In face of the positive information which the sciences supply, the philosophical contribution to this problem will seem disappointingly negative, or at least mine will do so. For I shall insist, and I think we can only rightly insist, that the philosopher is not yet in a position to produce a satisfactory positive theory of the relation between mind and body. And I shall annoy many of you further by insisting that the old-fashioned (...) “dualism” has not really been disproved. However, even if you do not agree with me, it is at any rate a good general piece of advice that, when we are confronted with a philosophical view which has maintained its ground for a very long time but seems to ourselves or to our generation very unreasonable, we should look specially carefully to find the positive grounds which have made so apparently unplausible a doctrine seem true to so many competent thinkers. (shrink)

T︠S︡ivilizat︠s︡ionnai︠a︡ sushchnostʹ sovremennogo obrazovanii︠a︡ -- Sot︠s︡ialʹno-kulʹturnoe vzaimodeĭstvie kak osnova pedagogicheskogo sotvorchestva v situat︠s︡ii t︠s︡ivilizat︠s︡ionnykh preobrazovaniĭ -- Nat︠s︡ionalʹnai︠a︡ sistema obrazovanii︠a︡ Belarusi v ėpokhu tekhnogennoĭ t︠s︡ivilizat︠s︡ii i unifikat︠s︡ii kulʹtur.