A linha mestra que orientou as discussões que resultaram neste livro foi a mudança nos padrões da política e do estado, do meio ambiente e das novas tecnologias que implicam conflitos e novos desafios ao Direito, especialmente no direito público, foco principal da obra concebida. Novas perspectivas com grandes repercussões ambientais, sindicais, políticas, tributárias e, por que não, em toda a sociedade mundial. Além da coleção de trabalhos resultantes nesta obra foi lançado, também os anais dos artigos apresentados pelos inscritos (...) nos grupos de trabalhos coordenados pelos professores. (shrink)

This chapter surveys essentialist and anti-essentialist theories of sex and gender. It does so by engaging three approaches to sex and gender: externalism, internalism, and contextualism. The chapter also draws attention to two key debates about sex and gender in the feminist literature: the debate about the sex/gender distinction (the distinction debate) and the debate about whether sex and gender have essences (the essentialism/anti-essentialism debate). In addition, it describes three problems that theories of sex and gender tend to face: the (...) Inclusion Problem, the Definition Problem, and the Exclusion Problem. Lastly, the chapter highlights why the division between essentialist and anti-essentialist accounts of sex and gender is not clear. (shrink)

In this paper, we draw on developmental findings to provide a nuanced understanding of background emotions, particularly those in depression. We demonstrate how they reflect our basic proximity (feeling of interpersonal connectedness) to others and defend both a phenomenological and a functional claim. First, we substantiate a conjecture by Fonagy & Target (International Journal of Psychoanalysis 88(4):917–937, 2007) that an important phenomenological aspect of depression is the experiential recreation of the infantile loss of proximity to significant others. Second, we argue (...) that proximity has a particular cognitive function that allows individuals to morph into a cohesive dyadic system able to carry out distributed emotion regulation. We show that elevated levels of psychological suffering connected to depressive background emotions may be explained not only in terms of a psychological loss, but also as the felt inability to enter into dyadic regulatory relations with others—an experiential constraint that decreases the individual’s ability to adapt to demanding situations. (shrink)

This paper aims to clarify the nature of understanding in medicine. The first part describes in more detail what it means to understand something and links a type of understanding (i.e., objectual understanding) to explanations. The second part proceeds to investigate what objectual understanding of a disease (i.e., biomedical understanding) requires by considering the case of scurvy from the history of medi- cine. The main hypothesis is that grasping a mechanistic explanation of a condi- tion is necessary for a biomedical (...) understanding of that condition. The third part of the paper argues that biomedical understanding is necessary, but not sufficient for understanding in a clinical context (i.e., clinical understanding). The hypothe- sis is that clinical understanding combines biomedical understanding of a disease or pathological condition with understanding illness, which involves some degree of personal understanding of the patient. It is argued that, in many cases, clinical understanding necessitates adopting a particular second-personal stance and using cognitive resources in addition to those involved in biomedical understanding. (shrink)

The DSM‐5 highlights two essential psychological features of anorexia nervosa (AN): recalcitrant fear of gaining weight and body image disturbance. Prominent accounts grant false beliefs about body weight and shape a central role in the explanation of AN behavior. In this article, we propose a stronger emphasis on recalcitrant fear. We show that such fear can explain AN behavior without the intermediary of a false belief, and thus without the associated explanatory burdens and conceptual difficulties. We illustrate how shifting the (...) emphasis from false belief to recalcitrant fear can supplement a number of different non‐doxastic models of AN. (shrink)

The Philosophy of Psychiatry is a unique area of research because the nature of the subject matter leads to quite distinct methodological issues. Naturalism, Interpretation, and Mental Disorder is an original new work focusing on the challenges we face when trying to interpret and understand mental illness. The book integrates a hermeneutical perspective, and shows how such an approach can reveal important facts about historical sources in psychiatry and the nature of dialogue in the therapeutic encounter. In addition, the book (...) demonstrates how such an approach can be valuable for understanding the concept of mental disorder itself. Naturalism, Interpretation, and Mental Disorder brings fresh thinking to the philosophy of psychiatry, and will be of interest to students and scholars in the fields of Mental Health and Philosophy. (shrink)

Motivated by a recent trend that advocates a reassessment of the aim of medical science and clinical practice, this paper investigates the epistemic aims of biomedical research. Drawing on contemporary discussions in epistemology and the philosophy of science, along with a recent study on scurvy, this paper (1) explores the concept of understanding as the aim of scientific inquiry and (2) establishes a framework that will guide the examination of its forms in biomedical research. Using the case of Tuberculosis (TB), (...) (3) it is argued that grasping a mechanistic explanation is crucial for reaching a threshold of understanding at which we may speak of an objectual, biomedical understanding of TB. (shrink)

Recent criticisms of medicine converge on fundamental questions about the aim of medicine. The main task of this paper is to propose an account of the aim of medicine. Discussing and rejecting the initially plausible proposal according to which medicine is pathocentric, the paper presents and defends the Autonomy Thesis, which holds that medicine is not pathocentric, but sanocentric, aiming to promote health with the final aim to enhance autonomy. The paper closes by considering the objection that the Autonomy Thesis (...) is overly permissive and allows many highly controversial procedures as legitimate parts of medicine. (shrink)

While philosophical questions about health and disease have attracted much attention in recent decades, and while opinions are divided on most issues, influential accounts seem to embrace negativism about health, according to which health is the absence of disease. Some subscribe to unrestricted negativism, which claims that negativism applies not only to the concepts of health and disease as used by healthcare professionals but also to the lay concept that underpins everyday thinking. Whether people conceptualize health in this manner has (...) implications for medical care and public health, and so we set out to examine this claim in two studies. Participants were asked to assess and compare the health states of two people presented in two vignettes. We found that both lay people and medical students conceptualize health as something more than the absence of disease. We argue that our findings highlight a need to rethink unrestricted negativism and indicate a need to rethink the way the debate has traditionally focused on disease. (shrink)

Authenticity has become a widespread ethical ideal that represents a way of dealing with normative gaps in contemporary life. This ideal suggests that one should be true to oneself and lead a life expressive of what one takes oneself to be. However, many contemporary thinkers have pointed out that the ideal of authenticity has increasingly turned into a kind of aestheticism and egoistic self-indulgence. In his book, Varga systematically constructs a critical concept of authenticity that takes into account the reciprocal (...) shaping of capitalism and the ideal of authenticity. Drawing on different traditions in critical social theory, moral philosophy and phenomenology, Varga builds a concept of authenticity that can make intelligible various problematic and potentially exhausting practices of the self. (shrink)

How do people understand the concepts of mental health and disorder? The objective of this paper is to examine the impact of several factors on people’s judgments about whether a condition constitutes a mental disorder or a healthy state. Specifically, this study examines the impact of the source of the condition, its outcome, individual valuation (i.e., the value the individual attaches to the condition), and group valuation (i.e., the value the relevant group attaches to the condition). While we find that (...) people’s health and disorder judgments are driven by perceived dysfunction, we also find that health and disorder judgments are impacted differently by these factors. Health judgements are impacted by outcome and individual valuation, and disorder judgments are impacted by condition source. These results suggest that the folk concept of mental health is positive (i.e., mental health is more than the absence of mental disorder) and normativist (i.e., value judgments play a significant role in determining whether a condition counts as healthy), while the concept of mental disorder aligns with a naturalist perspective, at least to the extent that dysfunction plays an important role in categorizing a condition as a disorder. However, our finding that people’s dysfunction judgments are influenced by individual valuation and outcomes poses a strong challenge to naturalist accounts. To provide access to our supplementary data, an appendix has been included. (shrink)

Scaffolded Minds offers a novel account of cognitive scaffolding and its significance for understanding mental disorders. The book is part of the growing philosophical engagement with empirically informed philosophy of mind, which studies the interfaces between philosophy and cognitive science. It draws on two recent shifts within empirically informed philosophy of mind: the first, toward an intensified study of the embodied mind; and the second, toward a study of the disordered mind that acknowledges the convergence of the explanatory concerns of (...) psychiatry and interdisciplinary inquiries into the mind. The book sets out to accomplish a dual task: theoretical mapping of cognitive scaffolding; and the application/calibration of fine-grained philosophical distinctions to empirical research. It introduces the notion of actively scaffolded cognition (ASC) and offers a taxonomy that distinguishes between intrasomatic and extrasomatic scaffolding. It then shows that ASC offers a productive framework for considering certain characteristic features of mental disorders, focusing on altered bodily experience and social cognition deficits. (shrink)

It is widely thought that knowledge is factive – only truths can be known. However, this view has been recently challenged. One challenge appeals to approximate truths. Wesley Buckwalter and John Turri argue that false-but-approximately-true propositions can be known. They provide experimental findings to show that their view enjoys intuitive support. In addition, they argue that we should reject the factive account of knowledge to avoid widespread skepticism. A second challenge, advanced by Nenad Popovic, appeals to multidimensional geometry to build (...) a case where it seems intuitive that a person knows p even though p is false. In addition, Popovic argues that we should reject the factive account of knowledge because most of us would not become widespread skeptics if we discovered that ordinary objects in our world are actually four-dimensional. In this paper, we defend the factive account of knowledge against these arguments by challenging the intuitive appeal of the cases and arguing that there is no real threat of widespread skepticism for the factive account of knowledge. (shrink)

Conceptions about the nature of scientific models held by science students frequently involve distorted views, with a tendency to consider them as mere copies of reality. Besides encompassing an untenable view about the nature of science itself, this misconstruction can effectively be a pedagogical impediment to learning. Objectives: We evaluate whether Mario Bunge’s epistemology might contribute to tackling issues related to the nature of models in science education contexts. De-sign: After identifying Bunge’s main model categories, we employ them to examine (...) aspects of the historical development of atomic models and contrast the resulting framework with issues about model conceptions in science education, as pointed out in the literature. Setting and participants: Due to this research’s theoretical nature, this study did not include human participants other than authors from the literature and the theoretical framework. Data collection and analysis: We per-formed a constant comparative analysis to identify patterns of meanings shared between the historical case and the theoretical framework. Results: Features of models pointed out by Bunge were identified in the development of atomic models and could provide consistent and explanatory viewpoints about key issues related to model conceptions in science education. Conclusions: Bunge’s framework might help to clarify aspects of the nature of models relevant to science education contexts. -/- . (shrink)

Grief is often described as characterized by a particular emotional response to another person’s death. While this is true of paradigm cases, we argue that a broader notion of grief allows accommodating forms of this emotional experience that deviate from the paradigmatic case. The bulk of the paper explores such a nonparadigmatic form of grief, anticipatory-vicarious grief, which is typically triggered by pondering the inevitability of our own death. We argue that AV-grief is a particular moral emotion that serves a (...) unique function and is indissolubly linked to the practical identities of human agents. An agent’s AV-grief is about the harm that occurs to individuals whose practical identities depend on the agent. (shrink)

Debates about the genuine disease status of controversial diseases rely on intuitions about a range of factors. Adopting tools from experimental philosophy, this paper explores some of the factors that influence judgments about whether low sexual desire should be considered a disease and whether it should be medically treated. Drawing in part on some assumptions underpinning a divide in the literature between viewing low sexual desire as a genuine disease and seeing it as improperly medicalized, we investigate whether health and (...) disease judgments are affected by factors such as an individual’s gender, the cause of the low desire, whether the desire is high or low, and both personal and societal valuations of the condition. Our main findings indicate that (a) the cause of a condition influences whether it is judged a disorder, (b) how the individual values the condition influences whether the condition is seen as a proper target of medical intervention, and (c) perceived dysfunction influences judgments regarding health, disorder classification, medicalization, and medical intervention. Our findings help further illuminate the intricate interplay of factors that influence judgments about health and disease in controversial conditions. (shrink)

Our world is under going an enormous digital transformation. Nearly no area of our social, informational, political, economic, cultural, and biological spheres are left unchanged. What can philosophy contribute as we try to under- stand and think through these changes? How does digitization challenge past ideas of who we are and where we are headed? Where does it leave our ethical aspirations and cherished ideals of democracy, equality, privacy, trust, freedom, and social embeddedness? Who gets to decide, control, and harness (...) the powers of digitization and for which purposes? Epistemologically, do most of us understand these new mediations – and thus fabrics – of our new world? Lastly – how is the new technological landscape shaping not only our living conditions but also our collective imaginary and our self-identities? (shrink)

Medicine is increasingly subject to various forms of criticism. This paper focuses on dominant forms of criticism and offers a better account of their normative character. It is argued that together, these forms of criticism are comprehensive, raising questions about both medical science and medical practice. Furthermore, it is shown that these forms of criticism mainly rely on standards of evaluation that are assumed to be internal to medicine and converge on a broader question about the aim of medicine. Further (...) work making medicine’s internal norms explicit and determining the aim of medicine would not only help to clarify to what extent the criticism is justified, but also assist an informed deliberation about the future of medicine. To illustrate some of the general difficulties associated with such a task, the paper concludes by critically engaging Edmund Pellegrino’s account of the aim of medicine as well as the Hastings Center’s consensus report. (shrink)

This paper starts by distinguishing three views about the phenomenal character of perceptual experience. ‘Low-level theorists’ argue that perceptual experience is reducible to the experience of low-level properties, ‘high-level theorists’ argue that we have perceptual experiences of high-level properties, while ‘disunified view theorists’ argue that perceptual seemings can present high-level properties. The paper explores how cognitive states can penetrate perceptual experience and provides an interpretation of cognitive penetration that offers some support for the high-level view.

In this paper we analyses the work of the first century Chinese philosopher Wang Chong as in part grappling with epistemology of testimony. Often portrayed as a curmudgeonly skeptic, Wang Chong actually best seen as a demanding piecemeal non-reductionist, which is to say he believed that testimony was a basic source of evidence unless subject to a defeater (non-reductionism), but also that we should evaluate testimony on a claim-by-claim basis (piecemeal) rather than accepting a whole source on the strength of (...) its reputation or authority, and finally he thought one has a strong duty to search for defeaters (demanding). We defend each of these claims as well as the fruitfulness of applying such anachronistic terminology to an ancient thinker. We end with a discussion of how Wang Chong's epistemology relates to his rhetorical method and then consider some problems he faces because of his epistemic commitments. (shrink)

At least some serial killers are psychopathic serial killers. Psychopathic serial killers raise interesting questions about the nature of evil and moral responsibility. On the one hand, serial killers seem to be obviously evil, if anything is. On the other hand, psychopathy is a diagnosable disorder that, among other things, involves a diminished ability to understand and use basic moral distinctions. This feature of psychopathy suggests that psychopathic serial killers have at least diminished responsibility for what they do. In this (...) chapter I consider whether psychopathic serial killers might be properly said to be both evil and morally responsible for their actions. I argue that psychopathic serial killers are plausibly evil in at least one recognizable sense of the term, but that they are nevertheless not likely to be responsible for many of the evils they perpetuate. (shrink)

It is common to distinguish between “holist” and “reductionist” views of brain function, where the former envisions the brain as functioning as an indivisible unit and the latter as a collection of distinct units that serve different functions. Opposing reductionism, a number of researchers have pointed out that cortical network architecture does not respect functional boundaries, and the neuroanatomist V. Braitenberg proposed to understand the cerebral cortex as a “great mixing machine” of neuronal activity from sensory inputs, motor commands, and (...) intrinsically generated processes. In this paper, we offer a contextualization of Braitenberg’s point, and we review evidence for the interactions of neuronal activity from multiple sensory inputs and intrinsic neuronal processes in the cerebral cortex. We focus on new insights from studies on audiovisual interactions and on the influence of respiration on brain functions, which do not seem to align well with “reductionist” views of areal functional boundaries. Instead, they indicate that functional boundaries are fuzzy and context dependent. In addition, we discuss the relevance of the influence of sensory, proprioceptive, and interoceptive signals on cortical activity for understanding brain-body interactions, highlight some of the consequences of these new insights for debates on embodied cognition, and offer some suggestions for future studies. (shrink)

1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...) is a question whether law can long do without it? In principle, the legislator is free in deciding on what legal consequence he attaches to what course of conduct14 and it is also desirable that legal concepts be freed from moral overtones. Nevertheless, the legal complex cannot be torn out of its social context, nor can it steadily conflict with other complexes (religions, moral, or political values, norms and ideologies) law is to develop in living interrelationship with. Otherwise, it is subject to danger that (I) law-observance in average cases is weakened; (2) the reified functioning of and approach to law are strengthened and make law alienated; and (3) it blurs the social objectives the law intends to serve and, especially in hard cases, makes its application rootless and floating. A pathological situation only becomes more pathological, if the pathology of contents is accompanied by the pathology of means. Or, it brings the promise of real solution closer, if the adequateness of means also provides, by the strength of publicity, for the direct mobilization of society. That explains why it is a topical question what I have proposed to term the inner morality of law. [For the text, see my L&Ph, 77–89] . (shrink)

This article argues that Macmurray’s work on education is deserving of serious consideration, because it offers an account of the person that highlights the significance of the emotions and the arts. In particular, the article examines and teases out the areas of Macmurray’s concept of the person that are pertinent to the philosophy of education, which includes the contention that the emotions can and should be educated. Furthermore, on the basis of Macmurray’s work, this article argues that emotional competency is (...) bound up with an education in the creative arts. Consequently engagement with the arts, which is often considered to be a luxury and a hobby, becomes an essential component in the development of human nature and the ability to live well. Finally, by analysing Macmurray’s description of a work of art and bringing Macmurray into conversation with contemporary views regarding the arts and the education of the emotions, in both a critical and a supportive manner, this article concludes that education in the emotions and the arts are key aspects of human well-being. (shrink)

In philosophical methodology, intuitions are used as evidence to support philosophical theories. In this paper, I evaluate the skeptical argument that variation in intuitions is good evidence that our intuitions are unreliable, and so we should be skeptical about our theories. I argue that the skeptical argument is false. First, variation only shows that at least one disputant is wrong in the dispute, but each disputant lacks reason to determine who is wrong. Second, even though variation in intuitions shows that (...) at least one disputant has the wrong intuition in the thought experiment, it is not evidence of unreliability of any disputant’s intuition regarding the philosophical theory being tested. So, variation in intuitions is not good evidence that one’s own intuitions are unreliable. One reply from the literature in peer disagreement is that we should conciliate if we cannot determine who is wrong. I argue that these disagreements are instead unconfirmed peer disagreements (i.e., no good reason to take or dismiss disputants as an epistemic peer, inferior or superior). I argue that if you have a strong intuition about a case, then it is rational for you to remain steadfast. Thus, variation in intuitions does not call for skepticism. (shrink)

Whether mathematical truths are syntactical (as Rudolf Carnap claimed) or empirical (as Mill actually never claimed, though Carnap claimed that he did) might seem merely an academic topic. However, it becomes a practical concern as soon as we consider the role of questions. For if we inquire as to the truth of a mathematical statement, this question must be (in a certain respect) meaningless for Carnap, as its truth or falsity is certain in advance due to its purely syntactical (or (...) formal-semantical) nature. In contrast, for Mill such a question is as valid as any other. These differing views have their consequences for contemporary erotetic logic. (shrink)

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)

John Macmurray (1891-1976) was born in Scotland and began his philosophical education in a Scottish university. As an academic philosopher, following in the footsteps of Caird’s Scottish idealism - a reaction against the debate between Hume’s scepticism and Reid’s ‘commonsense’ – Macmurray holds that a university education in moral philosophy is essential for producing virtuous citizens. Consequently, Macmurray’s philosophy of human nature includes a ‘thick’ description of the person, which is more holistic that Cartesianism and emphasizes the relation of persons. (...) Hence, Macmurray focuses on community, but, as this chapter reveals, he is not a communitarian in the contemporary sense; rather, he shares Caird’s focus on philosophy as the means to living well. Thus, he opposes increasing specialization in university education and highlights the limits of science, which, Davie notes, is representative of the Scottish metaphysic of Macmurray’s era. Macmuray is the last in this line of the Scottish philosophical tradition. (shrink)

A large part of the contemporary literature on dehumanization is committed to three ideas: (a) dehumanization involves some degree of denial of humanness, (b) such denial is to be comprehended in mental terms, and (c) whatever exact mechanisms underlie the denial of humanness, they belong in the realm of post-perceptual processing. This chapter examines (c) and argues that the awareness of minds might belong to perceptual processing. This paves the way for the possibility that dehumanization might, at least in part, (...) be a perceptual phenomenon, such that dehumanizers visually perceive the dehumanized as exhibiting lesser-than-human minds. It is perhaps unsurprising that the first systematic investigations of dehumanization approached the phenomenon as linked to contexts of war, genocide, extreme hatred, and violence. One guiding hypothesis was that dehumanizers exclude the dehumanized from a moral community of human beings, implicitly conceptualized as displaying distinct individualities and being embedded in caring interpersonal relations. By comprehending the dehumanized as deindividuated entities to which moral norms and considerations of fairness do not apply (Opotow 1990), dehumanizers are able to disengage from moral restrictions and self-sanctions (Bandura 1999). (shrink)

Este artículo aborda, desde la relectura del trabajo de Alfred Schütz “La ejecución musical conjunta” (“Makingmusictogether”), la idea de intersubjetividad como sintonía en las relaciones sociales explorando en los elementos señalados por el autor, como la dimensión temporal, el cara a cara y la sincronización con el Otro. Se abre así una posibilidad de comprensión de los procesos intersubjetivos, en la perspectiva del reconocimiento de la alteridad (Levinas) como constitutiva de intersubjetividad, y se plantea la pregunta de si es posible, (...) en contextos de exclusión, avanzar hacia la constitución de sintonía entre sociedad y Estado. (shrink)

En este capítulo se analiza la figura de la obtención vegetal: su alcance, dimensión, requisitos y caracterización frente a otros derechos de propiedad intelectual, para así abordar su ámbito de protección y su tratamiento en el ámbito internacional. Se pretende en este sentido plantear que la tendencia regulatoria en materia de obtenciones vegetales en Colombia no sólo va en contravía de los intereses de los pueblos indígenas, sino además de su patrimonio colectivo que les ha garantizado una gran diversidad que (...) hoy por hoy es sustento de su alimentación. Con lo anterior se lleva a cabo un singular esfuerzo para tratar de forma comprensiva este asunto, buscando la primacía del consentimiento libre, previo e informado de las comunidades potencialmente afectadas. (shrink)

Fac simile of documents [mostly letters & dedications] from & to FELIX SOMLÓ (1873–1918) (including by Leonidas Pitamic and Adolf Merkl, among others) & JULIUS MOÓR (1888–1950) (including by M. Stockhammer, Wilhelm Sauer, Karl Petraschek, among others), followed by HANS KELSEN’s Selbstbiographie [February 1927] (15–22 w/ letter, 23) & ILMAR TAMMELO’s only surviving copy of his PhD thesis in his own translation on Kritik zu Prof. Kliimann’s normativistischer Unterscheidung des Privat- und des öffentlichen Rechts [Dorpat, 1942] (63–145), both prepared to (...) the latter; w/ Bibl. & Preface [1995/e] x–xv, as well as documentation in Hungarian on how the Editor could save their rich personal professional library of several thounds volumes and making acquired them by the Library of Parliament in Budapest as its special collection in Anhang (147–156); Personenverzeichnis. (shrink)

This study assessed administrative networking strategies and principals’ supervisory effectiveness in assessing teachers’ notes of lessons, teachers’ instructional delivery, students’ records, and non-academic activities in Cross River State, Nigeria. Three null hypotheses were formulated accordingly to direct the study. The study adopted a descriptive survey design. Census technique was adopted in selecting the entire population of 667 secondary school administrators in Cross River State. The instruments used for data collection were two set of questionnaires designed by the researchers including: Administrative (...) Networking Strategies Questionnaire (ANSQ)”, and “Principals’ Supervisory Effectiveness Questionnaire (PSEQ)” respectively. The reliability of the instruments was established through Cronbach Alpha, and reliability estimates of .89 and .92 were obtained for the two instruments respectively. The null hypotheses were all tested at .05 level of significance using Pearson Product Moment Correlation Analysis with the aid of SPSS v21. Findings from the study revealed that; there is a significant relationship between principals’ effective communication, school-community relationship, and teachers’ involvement in decision-making, with their supervisory effectiveness respectively. Based on the findings of the study, it was recommended amongst others that; secondary school principals should endeavour to communicate relevant ideas, messages, and information to both teaching and non-academic staff of the school; and ensure that appropriate feedback mechanisms are provided based on such information. (shrink)

Examining previous discussions on how to construe the concepts of gender and race, we advocate what we call strategic conceptual engineering. This is the employment of a (possibly novel) concept for specific epistemic or social aims, concomitant with the openness to use a different concept (e.g., of race) for other purposes. We illustrate this approach by sketching three distinct concepts of gender and arguing that all of them are needed, as they answer to different social aims. The first concept serves (...) the aim of identifying and explaining gender-based discrimination. It is similar to Haslanger’s well-known account, except that rather than offering a definition of ‘woman’ we focus on ‘gender’ as one among several axes of discrimination. The second concept of gender is to assign legal rights and social recognitions, and thus is to be trans-inclusive. We argue that this cannot be achieved by previously suggested concepts that include substantial gender-related psychological features, such as awareness of social expectations. Instead, our concept counts someone as being of a certain gender solely based on the person’s self-identification with this gender. The third concept of gender serves the aim of personal empowerment by means of one’s gender identity. In this context, substantial psychological features and awareness of one’s social situation are involved. While previous accounts of concepts have focused on their role in determining extensions, we point to contexts where a concept’s role in explanation and moral reasoning can be more important. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

Uno de los aspectos que resaltan en la obra de Dante es su persistente manera de atacar a la Iglesia Romana y la Divina comedia abunda en ataques directos a una serie de Papas en cuyas obras corruptas Dante acusa la decadencia de la institución eclesiástica y la crisis de la concepción política medieval. Los argumentos de Dante contra el papado corren principalmente por dos vías. La primera, se dedica a evidenciar la corrupción del clero y sus inconvenientes, siendo la (...) Divina Comedia la más completa recopilación de estos ataques. La segunda se embarca en un profundo cuestionamiento al poder temporal que se ha arrogado el Papado Medieval, situación a la que se culpa de los problemas de corrupción que vive el mundo -entre los que se cuentan la anarquía italiana. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

Für Simone de Beauvoir ist der Existentialismus die einzige Philosophie, die der Aufgabe gewachsen ist, eine ethische Verhaltensweise, die sich auch unmittelbar in die Praxis umsetzen lässt, zu entwerfen. Die Werke, in denen Beauvoir eine existentialistische Ethik formuliert und deren Umsetzbarkeit veranschaulicht, sind allen voran ihr Essay Für eine Moral der Doppelsinnigkeit und ihr Theaterstück Die unnützen Mäuler. Mit der dramaturgischen Darstellung einer Grenzsituation ist es der Philosophin und Schriftstellerin gelungen, eine Synthese von Werten umrisshaft zu erläutern, aus denen sich (...) praktische Handlungshinweise, ohne die Notwendigkeit eines universellen Wertesystems vorzusehen, ableiten lassen. Einer kurzen Einführung, die auf die Umstände bzw. auf die historischen Hintergründe, die Simone de Beauvoir Beauvoir dazu bewogen haben, als engagierte Intellektuelle dezidiert zu sozialen und politischen Fragen Stellung zu beziehen, wird eine prägnante Analyse von Beauvoirs Ethikentwurf folgen. Da vorliegender Beitrag für die Aktualität von Beauvoirs Die unnützen Mäuler plädiert, werden parallele Verhaltensmuster der Vergangenheit und der Gegenwart ans Licht geführt werden, um praktische Möglichkeiten aufzuzeigen, wie es heute gelingen kann, sich für eine ethisch vertretbare Lebensweise zu entscheiden. Wohlgemerkt handelt es sich dabei – ganz in Beauvoirs Sinne – um einen Versuch bzw. um einen Entwurf. (shrink)

En el presente artículo se realiza una aproximación de derecho comparado — en Colombia, España y en los sistemas comunitarios andino y europeo — a la vulgarización de la marca y a su caducidad como efecto estabilizador del mercado. Así, se llega a proponer una ruta de estudio que aborda desde la pérdida de distintividad hasta las exigencias de un mercado global, el cual requiere una efectiva adecuación de las políticas de protección y promoción de los signos distintivos, con el (...) fin de garantizar un libre acceso de la competencia teniendo como prioridad el rol de los consumidores. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

Body checking, characterized by the repeated visual or physical inspection of particular parts of one’s own body (e.g. thighs, waist, or upper arms) is one of the most prominent behaviors associated with eating disorders, particularly Anorexia Nervosa (AN). In this paper, we explore the explanatory potential of the Recalcitrant Fear Model of AN (RFM) in relation to body checking. We argue that RFM, when combined with certain plausible auxiliary hypotheses about the cognitive and epistemic roles of emotions, is able to (...) explain key characteristics of body checking, including how body checking behavior becomes habitual and compulsive. (shrink)

This paper aims to contribute to debates about the nature of philosophical inquiry and its relation to science. The starting point is the Discontinuity View (DV), which holds that philosophy is discontinuous with science. Upon critically engaging two lines of argument in favor of DV, the paper presents and defends the Continuity View (CV), according to which philosophy and science are continuous forms of inquiry. The critical engagement sheds light on continuities between philosophical and scientific inquiry while underlining special normative (...) competences of philosophical work. The final part of the paper uses these insights to offer a brief outline of a normative approach to philosophy of science. (shrink)

The study investigated principals’ supervisory techniques for combating corruption and the attainment of quality school governance. Two null hypotheses were formulated. The ex-post facto research design was adopted for the study. Census technique was used to draw the entire population of 81 principals from all the public secondary schools in Aba Education Zone of Abia State. Data collection was carried out with the use of a research instrument titled: “Principals’ Supervisory Techniques for Combating Corruption and Attainment of Quality School Governance (...) Questionnaire (PSTCCAQSGQ)”. The instrument was validated by two experts of Test and Measurement in the Department of Educational Foundations, University of Calabar. The reliability value obtained was .88 using Cronbach Alpha technique. One-way analysis of variance was used in testing the null hypotheses at .05 level of significance. Findings revealed that there is a significant influence of principals’ clinical and demonstration techniques of supervision for combating corruption on quality school governance. Based on the findings, it was concluded that school governance should be enhanced with supervisory techniques by principals for the attainment of anti-corruption culture in Aba education zone of Abia State, Nigeria. (shrink)

Alvin Plantinga has famously responded to the logical problem of evil by appealing to the intrinsic value of significant free will. A problem, however, arises because traditional theists believe that both God and the redeemed who go to heaven cannot do wrong acts. This entails that both God and the redeemed in heaven lack significant freedom. If significant freedom is indeed valuable, then God and the redeemed in heaven would lack something intrinsically valuable. However, if significant freedom is not intrinsically (...) valuable, then Plantinga’s reply to the logical problem of evil fails. In this paper, we assess three contemporary solutions to the dilemma above. The first is the love solution, which proposes that significant freedom is necessary for agents to love, and loving others is intrinsically good. The second is the soul-making solution, which argues that significant freedom is necessary for self-developing one’s moral character, and having a self-developed moral character is intrinsically good. The third is the derivative free will solution, which argues that significant freedom is necessary for derivative free will in heaven, and derivative free will is intrinsically good. We raise problems against all three solutions and instead defend a fourth solution – the ultimate responsibility solution. That is, significant freedom is instrumentally valuable as it gives agents ultimate responsibility with regards to morally significant acts. Finally, we defend the ultimate responsibility solution against two major objections. (shrink)