Investigating school performance and competencies, especially on leadership, received a considerable attention in the past. In fact, there have been multitudes of evidence that leadership can impact school performance, student achievement, or outcome. Also, there was no single measurement of school performance. This study examined the influence of leadership and core behavioral competencies on the school performance of school heads. This was to build a new model of school performance. Using an explanatory research design, it administered a survey questionnaire to (...) 192 randomly chosen school heads from the 37 districts of Department of Education Division of Surigao del Sur. Also, it used data mining for the performance ratings of school heads from the division office. Regression analysis tested three hypothesized models of school performance where leadership and core behavior competencies serve as independent variables. Results showed that leading people was a significant predictor of school performance. Thus, leading people can best explain the school improvement as a proposed model. The results have implications for future research, leadership practice, and theoretical development of school performance model among school heads. (shrink)

This research primarily identified the current employment profile of the graduates of Master of Arts in Filipino of Polytechnic University of the Philippines (2017-2020). Specifically, it sought to determine the progress on their professional status and the relevance of institutional and academic factors to it. This descriptive study utilized purposive sampling and involved an iterative process of frequency distribution, percentage, rank, and average weighted mean. This study found out that the majority of the respondents: are currently employed before and after (...) they took up MAF; are permanent/regular teachers in public secondary schools; have received job promotions and salary increase after graduating; and have acquired several professional skills and values relevant to their profession. The study generally concludes that the program has succeeded in providing quality education to its respondents as analyzed from their positive feedbacks. The researchers, however, recommend improving areas relative to influencing graduates to conduct and publish studies in refereed journals, be active members of discipline-related organizations, and attend several conferences, workshops, seminars, etc. Keywords: Curriculum, Master of Arts in Filipino, Polytechnic University of the Philippines, Professional Development, Tracer Study. (shrink)

Despite centuries of colonization in the Philippines, the traditional Filipino healing system has survived. However, as modern education has continued to spread and Western medicine has grown in influence, traditional healing practices have been pushed to the margins and labeled as unscientific or mere superstition. This also suggests that unrecorded information may be lost forever. For future generations to appreciate this rich cultural heritage, cultural mapping of traditional healers in a local community is necessary. Thus, the researcher explored, identified, documented, (...) and analyzed the cultural profile of the traditional healers in a local community. Specifically, he studied the (1) background information, (2) description of the intangible cultural heritage, (3) stories/narratives associated with traditional healing, (4) significance of the practice, (5) assessment of the practice, and (6) references/supporting documentation of the traditional healers. The study was conducted in one of the local communities in the province of Quezon. The research participants were selected using inclusion criteria, and 11 traditional healers served as the key informants of the study. This study also employed qualitative research through cultural mapping, and pertinent data were obtained using participant observation, documentation, and interview guides. Qualitative content analysis was used in analyzing the gathered data. The findings revealed that the traditional healers have diverse background information, reflected in the element types, the geographical location and range of the element, and the related domains of the intangible cultural heritage. Likewise, the description of the intangible cultural heritage gave a wide array of descriptions of the history of practice, occasion/season, processes, and procedures involved, beliefs associated, settings, aims, social functions, and cultural meaning, culture bearer/s and practitioner/s of the element, mode of transmission, list of significant tangible movable heritage used associated with the element and list of significant flora/fauna used associated with the element. Meanwhile, spiritual guides and supernatural claims, healing severe cases, and being accused of malpractice or maltreatment were some of the stories/narratives associated with the element. In addition, traditional healing has historical, aesthetic, scientific, social, socio-economic, socio-political, and spiritual significance. Moreover, the assessment of practice exposed the condition/status of traditional healing, which is in danger because of the elderliness of the traditional healers and because no one is accepting the knowledge and practices. Furthermore, the constraint, threat, issue, or challenge experienced by the traditional healers is making false accusations against them. Nevertheless, traditional healers have identified several safeguarding measures in their traditional healing practice. These are transmission through informal education, identification, documentation, research, promotion, enhancement, and revitalization. Finally, sacred texts, books, pictures, prayers, and saints are the references or supporting documentation used in traditional healing. Based on the findings and conclusions, it is recommended to utilize the two research outputs: “Kaalaman at Kasanayan: Cultural Profile of Traditional Healers,” a booklet, and “Tanging Healing,” a documentary film about traditional healing for the preservation of local heritage, community development, and heritage education. (shrink)

This study assesses the student learning styles and academic performance in modular learning among Grade IV, V, and VI learners of Hindang Central School. This considered the learning styles and academic performance of the respondents in modular learning. A total of 252 learners from Hindang Central School participated as respondents in the evaluative method of research that consists of two parts questionnaires. This study used a modified survey questionnaire from the University of California at Merced, Student Advising and Learning Center (...) to gather the data of the respondents. As to the significance of learning styles and academic performances of the respondents in modular learning, Analysis of Variance (ANOVA) was used to analyze the significant differences. The study's findings indicated that auditory learning was the respondents' preferred method of learning. This learning style is best through speaking or listening. Moreover, auditory learners prevail dominantly amidst the health crisis faced. The respondents' academic achievement in the academic year 2020–2021 was also revealed to be Very Satisfactory. According to the Analysis of Variance (ANOVA), there was no apparent connection between learning preferences and academic achievement in the new typical education. Therefore, there was no relation or correlation between the two variables. (shrink)

This paper finds out whether a higher degree matters in school performance, and in demonstrating leadership and core behavioral competencies among school heads. This was conducted to support the existing and future policies of the Department of Education and interested funders for the scholarship and advanced studies of school heads. Using a cross-sectional method, it involved 192 randomly selected participants. Data on school performance was obtained at the office of Surigao del Sur Division, while data on competencies were gathered through (...) the self-administered assessment tools developed by the Department of Education. These data were analyzed using descriptive statistics and analysis of variance. Results revealed that there was no significant difference in the school performance of school heads. This implies that the highest degree obtained is not a guarantee for better school performance. As found, those with doctorate degrees had a very high and consistent demonstration in all dimensions of leadership and core behavioral competencies. As unveiled, there were significant differences in the demonstrated competencies based on the highest educational qualifications. These imply that obtaining the highest degrees can allow school heads to acquire, develop, and demonstrate the competencies consistently better than their counterparts. Results have implications for DepEd officials, funders, and policy-makers. (shrink)

This study assesses the student learning styles and academic performance in modular learning among Grade IV, V, and VI learners of Hindang Central School. This considered the learning styles and academic performance of the respondents in modular learning. A total of 252 learners from Hindang Central School participated as respondents in the evaluative method of research that consists of two parts questionnaires. This study used a modified survey questionnaire from the University of California at Merced, Student Advising and Learning Center (...) to gather the data of the respondents. As to the significance of learning styles and academic performances of the respondents in modular learning, Analysis of Variance (ANOVA) was used to analyze the significant differences. The study's findings indicated that auditory learning was the respondents' preferred method of learning. This learning style is best through speaking or listening. Moreover, auditory learners prevail dominantly amidst the health crisis faced. The respondents' academic achievement in the academic year 2020–2021 was also revealed to be Very Satisfactory. According to the Analysis of Variance (ANOVA), there was no apparent connection between learning preferences and academic achievement in the new typical education. Therefore, there was no relation or correlation between the two variables. (shrink)

Infertility, the inability to get pregnant after twelve months or more regular unprotected sexual intercourse is a global phenomenon but among the Ikwerre people of Rivers State, the blame of infertility in the family is always shifted to the woman despite the discovery of modern diagnosis that reveals that men and women can be responsible for childlessness. This research brings to bear the fact that modernity has not affected the Ikwerre people on the blame game of infertility in families. Thus, (...) this paper looked at the problem of infertility using a structured questionnaire of 4-point Likert scale, analyzed the data with a descriptive statistics and simple percentage for the socio-demographic distribution of respondent while mean and standard deviations were used to analyze the research questions. It adopted the use of Fertility Awareness Methods Theory as a panacea to the blame of infertility and concludes that knowledge of the reproductive anatomy and physiology of couples as it relates to fertility will help them make informed decisions concerning childbearing. (keywords: Infertility, Blame, Marriage, Pregnancy). (shrink)

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

This paper examines how the prevailing knowledge systems of the West reduce and divide us within and between ourselves. It also highlights how these are paralleled by the Wisdom tradition in theology which allows for a more inclusive model of relationality and becoming. The author sets out before us how western systems create and dictate the underlying binary oppositions by which we, almost unconsciously, live out our lives. New ways are suggested and new horizons plotted.

Culturally Responsive Teaching (CRT) weaves together rigor and relevance while it improves student achievement and engagement. The Philippine Department of Education implemented Indigenous People’s education to respond to the demands for culturally responsive teaching. Teacher education graduates are expected to articulate the rootedness of education in sociocultural contexts in creating a learning environment that recognizes respect, connectedness, choice, personal relevance, challenges, engagement, authenticity, and effectiveness. Practice teachers need relevant exposure and immersion to fully develop their competence in CRT. This scenario (...) necessitates attention to assessing the competence of 191 practice teachers in CRT, correlating their competence across dimensions, and verifying the role of gender and degree programs in competence development. This investigation provides evidence on the role of gender in competence development toward culturally responsive teaching. Such competence is vital in practice teachers, especially because they are exposed to learners with diverse backgrounds during their teaching internship. This evidence informs supervising instructors in molding practice teachers. (shrink)

Limited aggregationists argue that when deciding between competing claims to aid we are sometimes required and sometimes forbidden from aggregating weaker claims to outweigh stronger claims. Joe Horton presents a ‘fatal dilemma’ for these views. Views that land on the First Horn of his dilemma suggest that a previously losing group strengthened by fewer and weaker claims can be more choice-worthy than the previously winning group strengthened by more and stronger claims. Views that land on the Second Horn suggest that (...) combining two losing groups together and two winning groups together can turn the losing groups into the winning groups and the winning groups into the losing groups. This paper demonstrates that the ‘fatal dilemma’ is neither fatal nor a dilemma. The First Horn is devastating but avoidable and the Second Horn is unavoidable but not devastating. Nevertheless, Horton’s argument does help to narrow down the acceptable range of views. (shrink)

Fourteen philosophers share their experience teaching Peirce to undergraduates in a variety of settings and a variety of courses. The latter include introductory philosophy courses as well as upper-level courses in American philosophy, philosophy of religion, logic, philosophy of science, medieval philosophy, semiotics, metaphysics, etc., and even an upper-level course devoted entirely to Peirce. The project originates in a session devoted to teaching Peirce held at the 2007 annual meeting of the Society for the Advancement of American Philosophy. The session, (...) organized by James Campbell and Richard Hart, was co-sponsored by the American Association of Philosophy Teachers. (shrink)

Recent scientific research has settled on a purely descriptive definition of happiness that is focused solely on agents’ psychological states (high positive affect, low negative affect, high life satisfaction). In contrast to this understanding, recent research has suggested that the ordinary concept of happiness is also sensitive to the moral value of agents’ lives. Five studies systematically investigate and explain the impact of morality on ordinary assessments of happiness. Study 1 demonstrates that moral judgments influence assessments of happiness not only (...) for untrained participants, but also for academic researchers and even in those who study happiness specifically. Studies 2 and 3 then respectively ask whether this effect may be explained by general motivational biases or beliefs in a just world. In both cases, we find evidence against these explanations. Study 4 shows that the impact of moral judgments cannot be explained by changes in the perception of descriptive psychological states. Finally, Study 5 compares the impact of moral and non-moral value, and provides evidence that unlike non-moral value, moral value is part of the criteria that govern the ordinary concept of happiness. Taken together, these studies provide a specific explanation of how and why the ordinary concept of happiness deviates from the definition used by researchers studying happiness. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

The Axis II Work Group of the Task Force on Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) has expressed concern that antisocial personality disorder (APD) criteria are too long and cumbersome and that they focus on antisocial behaviors rather than personality traits central to traditional conceptions of psychopathy and to international criteria. R. D. Hare et al describe an alternative to the approach taken in the DSM-III—Revised (DSM-III—R; American Psychiatric Association, 1987), namely, the revised Psychopathy Checklist. The authors also (...) discuss the multisite APD field trials designed to evaluate and compare 4 criteria sets: the DSM-III—R criteria, a shortened list of these criteria, the criteria for dyssocial personality disorder from the 10th edition of the International Classification of Diseases (World Health Organization, 1990), and a 10-item criteria set for psychopathic personality disorder derived from the revised Psychopathy Checklist. (PsycINFO Database Record (c) 2015 APA, all rights reserved). (shrink)

Transoral laser microsurgery applies to the piecemeal removal of malignant tumours of the upper aerodigestive tract using the CO2 laser under the operating microscope. This method of surgery is being increasingly popularised as a single modality treatment of choice in early laryngeal cancers (T1 and T2) and occasionally in the more advanced forms of the disease (T3 and T4), predomi- nantly within the supraglottis. Thomas Kuhn, the American physicist turned philosopher and historian of science, coined the phrase ‘paradigm shift’ in (...) his groundbreaking book The Structure of Scientific Revolutions. He argued that the arrival of the new and often incompatible idea forms the core of a new paradigm, the birth of an entirely new way of thinking. This article discusses whether Steiner and col- leagues truly brought about a paradigm shift in oncological surgery. By rejecting the principle of en block resection and by replacing it with the belief that not only is it oncologically safe to cut through the substance of the tumour but in doing so one can actually achieve better results, Steiner was able to truly revolutionise the man- agement of laryngeal cancer. Even though within this article the repercussions of his insight are limited to the upper aerodigestive tract oncological surgery, his willingness to question other peoples’ dogma makes his contribution truly a genuine paradigm shift. (shrink)

Dear Colleagues, -/- In this editorial, we would like to share with you important developments in the European Journal of Therapeutics (Eur J Ther). -/- First of all, as the editorial team, we would like you to know that we hold frequent meetings to benefit our esteemed colleagues and continue to work with great devotion in line with our goal of taking the journal further. We have previously shared with you that we have applied to many indexes. It is with (...) great pleasure that we would like to inform you that in the last few months, more of our index applications have been approved. -/- Index Copernicus, as a result of this application, the ICV 2022 value of our journal was determined to be 100 (approved 2023-10-31) [1] BASE (Bielefeld Academic Search Engine) (approved 2023-11-30) [2] Sherpa Romeo (approved 2023-09-27) [3] MIAR (approved 2023-10-16) [4] -/- All indexes in our journal are currently included on the journal web page [5]. -/- As the editorial team, we would like to inform you that we have determined a policy on this issue for our journal [6], taking into account the recommendations of important international ethics committees such as the Committee on Publication Ethics (COPE) [7] and the World Association of Medical Editors (WAME) [8], which have recently become a trendy topic of discussion about AI chatbots and academic studies prepared with the support of such tools. -/- As you know, when our journal was founded in 1990 [9], it was published in two yearly issues. It is an essential responsibility for us to carry our journal, which continued its publication life with three issues a year in 2009 [10] and four issues a year in 2014 [11]. With your valuable support, we would like to announce that we will increase our journal to 6 issues a year as of 2024 (February, April, June, August, October and December) with the rapidly growing progress of our journal. -/- Unfortunately, we cannot share the names of the referees who made significant contributions to our journal in 2023 due to the changes in the article submission interface during the year and the inaccessibility of some data in the previous interface. However, we would like to emphasize again that we are grateful to all of them for their valuable contributions. Moreover, to expand our journal's referee list, we would like to remind you that competent academics who volunteer in this regard can fill out the “Become a Reviewer for the European Journal of Therapeutics” form [12]. -/- Finally, we would like to point out that we have strengthened our editorial team with an academician competent in dentistry, Fatih Sari, DDS, PhD. -/- Fatih Sari, DDS, PhD, is a new Editorial Board Member of the Eur J Ther. Dr. Sari is an Associate Professor in the Department of Prosthodontics at the Gaziantep University Faculty of Dentistry. He is a Vice Dean of the Faculty of Dentistry and Head of Clinical Departments. Dr. Sari is a prosthodontist and a member of the Turkish Dental Association. He has experience in implant-supported fixed prostheses, Cad/Cam applications and dental materials. -/- We look forward to being able to offer you a large number of high-quality and valuable articles over the coming year. In addition, we would like to thank the readers, authors and reviewers of the Eur J Ther for their continuous support. -/- Sincerely yours,. (shrink)

Human consciousness, the result of breathing process as dealt with in the Upanishads, is translated into modern scientific terms and modeled as a mechanical oscillator of infrasonic frequency. The bio-mechanic oscillator is also proposed as the source of psychic energy. This is further advanced to get an insight of human consciousness (the being of mind) and functions of mind (the becoming of mind) in terms of psychic energy and reversible transformation of its virtual reflection. An alternative analytical insight of human (...) consciousness and mental functions to other theoretical approaches is developed based on Upanishadic insight and presented.That reversible transformation of virtual psychic energy reflection termed as maya, creating various consequential / parallel / simultaneous conscious-states, phases, cognitive and communicative states, modes of language acquisition and communication, and kinds of function of human mind is visualized. The concept is extended to delineate form, structure and functional mechanism of human mind and to know how it facilitates human mental acquisitions, retention, communications, including language abilities. This proposal is extensively discussed and the hardware and software of mind as envisaged in Indian philosophical systems are put forward.All this presentation is translated to neuro-biology in terms of brain wave modulation / demodulation terms. Also a preliminary proposition of physic-chemical nature of human thoughts and ideas is given. (shrink)

This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...) the so-called “whom-question”, i.e. “To whom should we justify the system of punishment?” I identify three distinct chronological stages to address this problem, namely, “the Harm Stage”, “the Blame Stage”, and “the Danger Stage”. I will also identify four problems arising from specific kinds of uncertainties present in current death penalty debates: (1) uncertainty in harm, (2) uncertainty in blame, (3) uncertainty in rights, and (4) uncertainty in causal consequences. In the course of examining these four problems, I will propose an ‘impossibilist’ position towards the death penalty, according to which the notion of the death penalty is inherently contradictory. Finally, I will suggest that it may be possible to apply this philosophical perspective to the justice system more broadly, in particular to the maximalist approach to restorative justice. (shrink)

This article is about Master's degree. It's history, Philosophy and use of today.

In Search of Womanhood by way of etymology.

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a (...) normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

JUNE 2015 UPDATE: A BIBLIOGRAPHY: JOHN CORCORAN’S PUBLICATIONS ON ARISTOTLE 1972–2015 By John Corcoran -/- This presentation includes a complete bibliography of John Corcoran’s publications relevant to his research on Aristotle’s logic. Sections I, II, III, and IV list 21 articles, 44 abstracts, 3 books, and 11 reviews. It starts with two watershed articles published in 1972: the Philosophy & Phenomenological Research article from Corcoran’s Philadelphia period that antedates his Aristotle studies and the Journal of Symbolic Logic article from (...) his Buffalo period first reporting his original results; it ends with works published in 2015. A few of the items are annotated as listed or with endnotes connecting them with other work and pointing out passages that in-retrospect are seen to be misleading and in a few places erroneous. In addition, Section V, “Discussions”, is a nearly complete secondary bibliography of works describing, interpreting, extending, improving, supporting, and criticizing Corcoran’s work: 8 items published in the 1970s, 23 in the 1980s, 42 in the 1990s, 56 in the 2000s, and 69 in the current decade. The secondary bibliography is also annotated as listed or with endnotes: some simply quoting from the cited item, but several answering criticisms and identifying errors. Section VI, “Alternatives”, lists recent works on Aristotle’s logic oblivious of Corcoran’s research and, more generally, of the Lukasiewicz-initiated tradition. As is evident from Section VII, “Acknowledgements”, Corcoran’s publications benefited from consultation with other scholars, most notably Timothy Smiley, Michael Scanlan, Roberto Torretti, and Kevin Tracy. All of Corcoran’s Greek translations were done in collaboration with two or more classicists. Corcoran never published a sentence without discussing it with his colleagues and students. -/- REQUEST: Please send errors, omissions, and suggestions. I am especially interested in citations made in non-English publications. Also, let me know of passages I should comment on. (shrink)

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro (...) contends that a new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

I will center the discussion of the Hart-Fuller debate on the five claims Hart mentions might be understood as legal positivisms main tenets: (1) the command theory; (2) the no necessary connection thesis; (3) the methodological claim; (4) the charge of positivism as formalism and the problem of interpretation; and (5) the meta-ethical confusion. In light of these five claims, I will explore whether the exchange of views between Hart and Fuller in 1957 truly amounted to a (...) debate. Sorting out this issue is the aim of this article. (shrink)

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...) determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.

Maximizing act consequentialism holds that actions are morally permissible if and only if they maximize the value of consequences—if and only if, that is, no alternative action in the given choice situation has more valuable consequences.[i] It is subject to two main objections. One is that it fails to recognize that morality imposes certain constraints on how we may promote value. Maximizing act consequentialism fails to recognize, I shall argue, that the ends do not always justify the means. Actions with (...) maximally valuable consequences are not always permissible. The second main objection to maximizing act consequentialism is that it mistakenly holds that morality requires us to maximize value. Morality, I shall argue, only requires that we satisfice (promote sufficiently) value, and thus leaves us a greater range of options than maximizing act consequentialism recognizes. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 331-355, December 2021.

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 poor consideration of the influence of morality in holding the society together and his dismissal of legal enforcement of morality. (shrink)

Nineteen Prescott Fire Department, Granite Mountain Hot Shot (GMHS) wildland firefighters and supervisors (WFF), perished on the June 2013 Yarnell Hill Fire (YHF) in Arizona. The firefighters left their Safety Zone during forecast, outflow winds, triggering explosive fire behavior in drought-stressed chaparral. Why would an experienced WFF Crew, leave ‘good black’ and travel downslope through a brush-filled chimney, contrary to their training and experience? An organized Serious Accident Investigation Team (SAIT) found, “… no indication of negligence, reckless actions, or (...) violations of policy or protocol.” Despite this, many WFF professionals deemed the catastrophe, “… the final, fatal link, in a long chain of bad decisions with good outcomes.” This paper is a theoretical and realistic examination of plausible, faulty, human decisions with prior good outcomes; internal and external impacts, influencing the GMHS; and two explanations for this catastrophe: Individual Blame Logic and Organizational Function Logic, and proposed preventive mitigations. (shrink)

Malcolm Schofield, the honorand of this Festschrift, needs no introduction to scholars working in classics and ancient philosophy. The volume includes a six and a half page bibliography of his works over the last 30 years, and his books, translations, edited collections, and articles range over all subsections and periods of ancient philosophy, from the pre-Socratics through Hellenistic Greek and Roman philosophy. His two most recent books--<i>Plato: Political Philosophy</i> (Oxford, 2006) and an edited volume of Plato translations (Cambridge, 2010)--have focused (...) on aspects of classical political philosophy, and such is the main (although not exclusive) focus of the volume. Harte and Lane, two of Schofield’s most distinguished students, organized a Mayweek conference at Cambridge in 2011 honoring Schofield; fifteen of the seventeen papers in the volume derive from the conference, and many of the papers refer to what must have been spirited discussion from the conference (book chapters also make reference to relevant discussions amongst them). Each editor contributed a paper to the volume (which were not presented at the conference) and together they have produced a superbly and flawlessly edited collection that includes a general introduction which discusses the ample connections between Schofield’s work and the volume’s papers (and many thanks to the editors from individual authors for improving their contributions). In addition to a bibliography of Schofield’s published writings, the volume concludes with a general and index locorum. The quality of both the contributors and their contributions is very high--a testament (were it needed) to Schofield’s towering influence upon the field of ancient philosophy. (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)

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 intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open up (...) a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une approche (...) tournée vers la pratique pourrait, de cette façon, conduire à une théorie du droit plus ouverte et, d’une certaine façon, moins idéologique ou sectaire. C’est – comme le défend cet article – le programme ou mieux la promesse que l’on trouve dans l’ouvrage principal de Hart, le Concept de droit. Cet article tente de rendre cette promesse plus transparente sans toutefois dissimuler les difficultés de sa stratégie narrative et argumentative. (shrink)

This is a one page handout, which draws attention to subtle adaptations that H.L.A. Hart makes regarding material from Henry Sidgwick, when he debates with Rawls and appeals to Sidgwick's objections to the priority of liberty. These adaptations challenge the impression that Rawls should have known better.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

The analysis of Leibniz’s heritage and phenomenology of virtuality in the title of this conference do not exhaust the whole variety of topics, but rather are the poles between which the discussion has been developing. Monadology of Leibniz became the place of concurrence of absolute identity and unique ecstatic that gave rise to a specific discourse of virtuality.

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...) Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Nineteen Prescott Fire Department, Granite Mountain Hot Shot (GMHS) wildland firefighters (WF) perished in Arizona in June 2013 Yarnell Hill Fire, an inexplicable wildland fire disaster. In complex wildland fires, sudden, dynamic changes in human factors and fire conditions can occur, thus mistakes can be unfortunately fatal. Individual and organizational faults regarding the predictable, puzzling, human failures that will result in future WF deaths are addressed. The GMHS were individually, then collectively fixated with abandoning their Safety Zone to reengage, (...) committing themselves at the worst possible time, to relocate to another Safety Zone - a form of collective tunnel vision. Our goal is to provoke meaningful discussion toward improved wildland firefighter safety with practical solutions derived from a long-established wildland firefighter expertise/performance in a fatality-prone profession. Wildfire fatalities are unavoidable, hence these proposals, applied to ongoing training, can significantly contribute to other well-thought-out and validated measures to reduce them. (shrink)

Six keynote papers presented at TSC 2009 — by Susan Greenfield, Wolf Singer, Stuart Hameroff, Jonathan Schooler, Hakwan Lau, and David Chalmers—are reviewed below in order to investigate to what extent social analysis can be usefully applied in different areas of consciousness studies. The six papers did not ostensibly address social aspects of consciousness; nevertheless I hope to show that it is often beneficial to consider the possible social implications in any consciousness- related work.