Results for ' Concept of Law''

898 found
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  1. Three Concepts of Law: The Ambiguous Legacy of H.L.A. Hart.Brian Slattery - 1998 - Saskatchewan Law Review 61:323-39.
    The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an (...)
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  2. Two Concepts of Law of Nature.Brendan Shea - 2013 - Prolegomena 12 (2):413-442.
    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four criteria: (...)
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  3. Concepts of Law of Nature.Brendan Shea - 2011 - Dissertation, University of Illinois
    Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to metaphysics or philosophy of (...)
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  4. The Governing Conception of Laws.Nina Emery - 2022 - Ergo: An Open Access Journal of Philosophy 9.
    In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a highly (...)
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  5. The Concept of Human Dignity in German and Kenyan Constitutional Law.Rainer Ebert & Reginald M. J. Oduor - 2012 - Thought and Practice: A Journal of the Philosophical Association of Kenya 4 (1):43-73.
    This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of (...)
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  6. Twelve Basic Concepts of Law in Kant and the Compound Yijing.Stephen R. Palmquist - 2017 - Modernos E Contemporâneos 1:109-126.
    This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...)
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  7. Three concepts of natural law.Miroslav Vacura - 2022 - Filozofija I Društvo 33 (3):601-620.
    The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law (...)
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  8. Concepts of Objects as Prescribing Laws: A Kantian and Pragmatist Line of Thought.James O'Shea - 2016 - In Robert Stern and Gabriele Gava, eds., Pragmatism, Kant, and Transcendental Philosophy (London: Routledge): pp. 196–216. London, UK: pp. 196-216.
    Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed as (...)
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  9. Legal Facts and Reasons for Action: Between Deflationary and Robust Conceptions of Law’s Reason-Giving Capacity.Noam Gur - 2019 - In Frederick Schauer, Christoph Bezemek & Nicoletta Bersier Ladavac (eds.), The Normative Force of the Factual: Legal Philosophy Between is and Ought. Springer Verlag. pp. 151-170.
    This chapter considers whether legal requirements can constitute reasons for action independently of the merits of the requirement at hand. While jurisprudential opinion on this question is far from uniform, sceptical views are becoming increasingly dominant. Such views typically contend that, while the law can be indicative of pre-existing reasons, or can trigger pre-existing reasons into operation, it cannot constitute new reasons. This chapter offers support to a somewhat less sceptical position, according to which the fact that a legal requirement (...)
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  10. Leges sive natura: Bacon, Spinoza, and a Forgotten Concept of Law.Walter Ott - 2018 - In Walter R. Ott & Lydia Patton (eds.), Laws of Nature. Oxford, UK: Oxford University Press. pp. 62-79.
    The way of laws is as much a defining feature of the modern period as the way of ideas; but the way of laws is hardly without its forks. Both before and after Descartes, there are philosophers using the concept to carve out a very different position from his, one that is entirely disconnected from God or God’s will. I argue that Francis Bacon and Baruch Spinoza treat laws as dispositions that derive from a thing’s nature. This reading upends (...)
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  11. Law and Morality: An Appraisal of Hart's Concept of Law.John Ezenwankwor - 2013 - Enugu Nigeria: Claretian Communications.
    In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and (...)
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  12. The Conceptions of Self-Evidence in the Finnis Reconstruction of Natural Law.Kevin Lee - 2020 - St. Mary's Law Journal 51 (2):414-470.
    Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation of (...)
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  13. Analytical jurisprudence and the concept of commercial law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...)
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  14. “Facts of nature or products of reason? - Edgar Zilsel caught between ontological and epistemic conceptions of natural laws”.Donata Romizi - 2022 - In Donata Romizi, Monika Wulz & Elisabeth Nemeth (eds.), Edgar Zilsel: Philosopher, Historian, Sociologist. (Vienna Circle Institute Yearbook, vol. 27). Cham: Springer Nature.
    In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, (...)
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  15. Tensions in a certain conception of just war as law enforcement.Jacob Blair - 2008 - Res Publica 14 (4):303-311.
    Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to (...)
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  16. The Law of Political Economy as Transformative Law: A New Approach to the Concept and Function of Law.Poul F. Kjaer - 2021 - Global Perspectives 2 (1):1 - 17.
    This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently (...)
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  17. Quasi-Expressivism about Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - 2018 - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law Volume 3. Oxford University Press. pp. 49-86.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  18. Newton's Law of Universal Gravitation and Hume's Conception of Causality.Matias Slavov - 2013 - Philosophia Naturalis 50 (2):277-305.
    This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...)
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  19. Tomasza z Akwinu koncepcja prawa naturalnego. Czy Akwinata jest myślicielem liberalnym? [Thomas Aquinas’s Conception of Natural Law: Is Aquinas a Liberal Thinker?].Marek Piechowiak - 2013 - Przegląd Tomistyczny 19:301-337.
    This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...)
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  20. A Critical Examination of Jiri Priban's "Doing What Comes Naturally, or a Walk on the Wild Side? Stanlet Fish's Antifoundationalist Concept of Law, It's Closure and Force".Ross Motabhoy - 2012 - Dissertation, University of Kent
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  21. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  22. Is Human Virtue a Civic Virtue? A Reading of Aristotle's Politics 3.4.L. K. Gustin Law - 2017 - In Emma Cohen de Lara & Rene Brouwer (eds.), Aristotle’s Practical Philosophy: On the Relationship between the Ethics and Politics. Chem, Switzerland: Springer. pp. 93-118.
    Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...)
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  23. Two conceptions of the highest good in Kant.Andrews Reath - 1988 - Journal of the History of Philosophy 26 (4):593-619.
    This paper develops an interpretation of what is essential to kant's doctrine of the highest good, Which defends it while also explaining why it is often rejected. While it is commonly viewed as a theological ideal in which happiness is proportioned to virtue, The paper gives an account in which neither feature appears. The highest good is best understood as a state of affairs to be achieved through human agency, Containing the moral perfection of all individuals and the satisfaction of (...)
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  24. The place of law in Lukács' world concept.Csaba Varga - 1985 - Budapest: Akadémiai Kiadó.
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  25. The Geometrical Solution of The Problem of Snell’s Law of Reflection Without Using the Concepts of Time or Motion.Radhakrishnamurty Padyala - manuscript
    During 17th century a scientific controversy existed on the derivation of Snell’s laws of reflection and refraction. Descartes gave a derivation of the laws, independent of the minimality of travel time of a ray of light between two given points. Fermat and Leibniz gave a derivation of the laws, based on the minimality of travel time of a ray of light between two given points. Leibniz’s calculus method became the standard method of derivation of the two laws. We demonstrate in (...)
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  26. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
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  27. Towards a Concept of Embodied Autonomy: In what ways can a Patient’s Body contribute to the Autonomy of Medical Decisions?Jonathan Lewis & Søren Holm - 2023 - Medicine, Health Care and Philosophy 26 (3):451-463.
    “Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...)
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  28. The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  29. The grounding conception of governance.Ashley Coates - forthcoming - Ergo: An Open Access Journal of Philosophy.
    According to the governing conception of the laws of nature, laws, in some sense, determine concrete goings-on. Just how to understand the sort of determination at play in governance is, however, a substantial question. One potential answer to this question, which has recently received some attention, is that laws govern by grounding what happens in the concrete world. If this account succeeded, it would show that governance can be understood in terms of an independently motivated and widely accepted notion. Thus (...)
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  30. A Neurathian Conception of the Unity of Science.Angela Potochnik - 2011 - Erkenntnis 74 (3):305-319.
    An historically important conception of the unity of science is explanatory reductionism, according to which the unity of science is achieved by explaining all laws of science in terms of their connection to microphysical law. There is, however, a separate tradition that advocates the unity of science. According to that tradition, the unity of science consists of the coordination of diverse fields of science, none of which is taken to have privileged epistemic status. This alternate conception has roots in Otto (...)
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  31. Kant’s World Concept of Philosophy and Cosmopolitanism.Courtney Fugate - 2019 - Archiv für Geschichte der Philosophie 101 (4):535-583.
    The goal of this paper is to better understand Kant’s conception of philosophy as a “world concept”, which is at the heart of the Architectonic of Pure Reason. This is pursued in two major parts. The first evaluates the textual foundation for reading Kant’s world concept of philosophy as cosmopolitanism and concludes that he most probably never himself equated philosophy as a world concept with any form of cosmopolitanism. The second major part of the paper clarifies this (...)
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  32. Autonomous Weapons and the Nature of Law and Morality: How Rule-of-Law-Values Require Automation of the Rule of Law.Duncan MacIntosh - 2016 - Temple International and Comparative Law Journal 30 (1):99-117.
    While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...)
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  33. Modern Concepts of Financial and Non-Financial Motivation of Service Industries Staff.Tatyana Grynko, Oleksandr P. Krupskyi, Mykola Koshevyi & Olexandr Maximchuk - 2017 - Journal of Advanced Research in Law and Economics 26 (4):1100-1112.
    In modern conditions the questions of personnel management, including motivation, acquire new meaning. Particularly given the problems relevant to the service sector, where at the beginning of the XXI century employing more than 60% of the workforce in developed countries. These circumstances determine the need for a modern concept of material and immaterial motivation of service industries. Such factors determine the need for the development modern concept of material and immaterial motivation of service industries staff. To obtain indicated (...)
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  34. The Concept of Legitimacy.N. P. Adams - 2022 - Canadian Journal of Philosophy 52 (4):381-395.
    I argue that legitimacy discourses serve a gatekeeping function. They give practitioners telic standards for riding herd on social practices, ensuring that minimally acceptable versions of the practice are implemented. Such a function is a necessary part of implementing formalized social practices, especially including law. This gatekeeping account shows that political philosophers have misunderstood legitimacy; it is not secondary to justice and only necessary because we cannot agree about justice. Instead, it is a necessary feature of actual human social practices, (...)
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  35. Decolonizing the Rule of Law: Mabo's case and Postcolonial Constitutionalism.Duncan Ivison - 1997 - Oxford Journal of Legal Studies 17 (2):253-280.
    Aboriginal claims for self-government in the Americas and Australasia are distinctive for being less about secession—at least so far—than about demanding an innovative rethinking of the regulative norms and institutions within and between already established nation-states. Recent cases in Australia (and Canada) provide an opportunity to consider the nature of such claims, and some of the theoretical implications for regulative conceptions of sovereignty and the rule of law. A general question informing the entire discussion here is: how do particular conceptions (...)
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  36. An analysis of the concept of inertial frame in classical physics and special theory of relativity.Boris Čulina - 2022 - Science and Philosophy 10 (2):41-66.
    The concept of inertial frame of reference in classical physics and special theory of relativity is analysed. It has been shown that this fundamental concept of physics is not clear enough. A definition of inertial frame of reference is proposed which expresses its key inherent property. The definition is operational and powerful. Many other properties of inertial frames follow from the definition, or it makes them plausible. In particular, the definition shows why physical laws obey space and time (...)
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  37. The Concept of Moral Obligation: Anscombe contra Korsgaard.Maria Alvarez - 2007 - Philosophy 82 (4):543-552.
    A number of recent writers have expressed scepticism about the viability of a specifically moral concept of obligation, and some of the considerations offered have been interesting and persuasive. This is a scepticism that has its roots in Nietzsche, even if he is mentioned only rather rarely in the debate. More proximately, the scepticism in question receives seminal expression in Elizabeth Anscombe's 1958 essay, ‘Modern Moral Philosophy’, a piece that is often paid lip-service to, but—like Nietzsche's work—has only rarely (...)
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  38. Between Modesty and Ambition: Remarks on The Concept of Liberal Democratic Law.Serdar Tekin - 2021 - Etica & Politica / Ethics & Politics 23 (2):459-465.
    Johan van der Walt offers a modest conception of liberal democratic law as a groundless modus vivendi, while at the same time backing up this conception with an ambitious inquiry into the long history of Western metaphysics and the ways in which it shaped legal imagination. There are two main dimensions to my criticism of Van der Walt’s work, and they exactly divide between its modesty and ambition. I contend that the understanding of liberal democratic law as a modus vivendi (...)
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  39. On the concept of (quantum) fields.Sydney Ernest Grimm - manuscript
    The main concept of quantum field theory is the conviction that all the phenomena in the universe are created by the underlying structure of the quantum fields. Fields represent dynamical spatial properties that can be described with the help of geometrical concepts. Therefore it is possible to describe the mathematical origin of the structure of the creating fields and show the mathematical origin of the law of conservation of energy, Planck’s constant and the constant speed of light within a (...)
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  40. The Philosophy of Law. History and Modernity.Volodymyr Kuznetsov (ed.) - 2003 - Stylos.
    The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, (...)
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  41. Kant's Conception of Personal Autonomy.Paul Formosa - 2013 - Journal of Social Philosophy 44 (3):193-212.
    A strong distinction is often made between personal autonomy and moral autonomy. Personal autonomy involves governing yourself in the pursuit of your own conception of the good. Moral autonomy involves legislating the moral law for yourself. Viewed in this way personal autonomy seems at best marginal and at worst a positive hindrance to moral autonomy, since personal autonomy can conflict with moral autonomy. Given that Kantian approaches to morality are closely aligned with moral autonomy, does that mean that the Kantian (...)
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  42. Mieczysława Alberta Krąpca koncepcja filozofii prawa [Mieczysław Albert Krąpiec’s Conception of Philosophy of Law].Marek Piechowiak - 2013 - In Andrzej Maryniarczyk, Tomasz Duma & Katarzyna Stępień (eds.), W trosce o godziwe prawo. Wykłady otwarte imienia Ojca Profesora Mieczysława Alberta Krąpca. Polskie Towarzystwo Tomasza z Akwinu. pp. 26-72.
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  43. Newton's Concepts of Force among the Leibnizians.Marius Stan - 2017 - In Mordechai Feingold (ed.), The Reception of Isaac Newton in Europe. Cambridge University Press. pp. 244-289.
    I argue that the key dynamical concepts and laws of Newton's Principia never gained a solid foothold in Germany before Kant in the 1750s. I explain this absence as due to Leibniz. Thus I make a case for a robust Leibnizian legacy for Enlightenment science, and I solve what Jonathan Israel called “a meaningful historical problem on its own,” viz. the slow and hesitant reception of Newton in pre-Kantian Germany.
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  44. Turn from Sensibility to Rationality: Kant’s Concept of the Sublime.Zhengmi Zhouhuang - 2018 - In Stephen Palmquist (ed.), Kant on Intuition: Western and Asian Perspectives on Transcendental Idealism. New York: Routledge. pp. 179-191.
    Show more ▾ There are various dichotomies in Kant’s philosophy: sensibility vs. rationality, nature vs. freedom, cognition vs. morality, noumenon vs. phenomenon, among others. There are also different ways of mediating these dichotomies, which is the systematic undertaking of Kant’s Critique of the Power of Judgment. One of the most important concepts in this work is the sublime, which exemplifies the connections between the different dichotomies; this fact means the concept’s construction is full of tension. On the one hand, (...)
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  45. Republican freedom and the rule of law.Christian List - 2006 - Politics, Philosophy and Economics 5 (2):201-220.
    At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...)
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  46. Agamben - (Im)potentiality of law and politics.Vanja Grujic - 2019 - Revista de Direito Constitucional and Econômico 1 (1):248-270.
    Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben’s latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticiz- ing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben’s argument, we need to look not only outside sovereignty and sovereign (...)
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  47. Plato's Conception of Justice and the Question of Human Dignity: Second Edition, Revised and Extended.Marek Piechowiak - 2021 - Berlin: Peter Lang International Academic Publishers.
    Contents 1 Introduction / 2 The Timaeus on dignity: the Demiurge’s speech / 3 Justice as a virtue / 4 The content of just actions / 5 Justice of the law and justice of the state / 6 Equality / 7 Some key issues in Plato’s conception of justice / 7.1 What is more excellent—justice of the soul or justice of action? / 7.2 Which activity is best and what is its best object? / 7.2. Just actions over contemplation / (...)
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  48. Four Basic Concepts of Medicine in Kant and the Compound Yijing.Stephen R. Palmquist - 2018 - Journal of Wuxi Zhouyi 21 (June):31-40.
    This paper begins the last instalment of a six-part project correlating the key aspects of Kant’s architectonic conception of philosophy with a special version of the Chinese Book of Changes that I call the “Compound Yijing”, which arranges the 64 hexagrams (gua) into both fourfold and threefold sets. I begin by briefly summarizing the foregoing articles: although Kant and the Yijing employ different types of architectonic reasoning, the two systems can both be described in terms of three “levels” of elements. (...)
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  49. Carlos Nino's Conception of Consent in Crime.Miroslav Imbrisevic - 2013 - Diacritica 27 (2):103-124.
    In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is (...)
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  50. The Rule of Law in the United States: An Unfinished Project of Black Liberation.Paul Gowder - 2021 - Bloomsbury Publishing.
    What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional (...)
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