Legal theorists seek to persuade other jurists of certain theories: Textualism or purposivism; formalism or realism; natural law theory or positivism; prison reform or abolition; universal or particular human rights? Despite voluminous literature about these debates, tremendous uncertainty remains about which views experts endorse. This Article presents the first-ever empirical study of American law professors about legal theory questions. A novel dataset of over six hundred law professors reveals expert consensus and dissensus about dozens of longstanding legal theory (...) debates. -/- Law professors also debate questions about the nature of the legal academy. Descriptively, which subjects (e.g. constitutional law) and methods (e.g. law & economics) are most central within the legal academy today? And prescriptively, should today’s legal academy prioritize additional areas (e.g. legislation) or methods (e.g. critical race theory)? There is great interest in these questions but no empirical dataset of experts’ views; this results in uncertainty about which views experts endorse. This Article’s empirical study also clarifies these questions, documenting law professors’ evaluation of over one-hundred areas of law. -/- The legal theory and legal academy findings support implications for legal scholarship, education, and practice. Clearly, debates about law and the legal academy’s evolution should not be settled by a survey. Nevertheless, insofar as law professors are experts about these issues, it is instructive to discover and carefully examine what views those experts hold, so as to help determine which views are most likely to be true and how the legal academy ought to develop. (shrink)

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to (...) an end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (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)

Given that the law is helpful, essential and non-separable with our lives, we surely would like to know the people that make laws and who practice in the legal profession. This query is the recent theme we have pursued in this and other related projects. The investigation has revealed a knowledge economy (savoir-faire) that has entwined law and the actions of law people, which growingly became edged to explain their behavior and moral and professional conduct. The expectation has been that (...) graduate law classes are for foreign lawyers who would return to their home country to work as international lawyers or as professors. That has long been deemed as a given; but the precise reality has not been previously unraveled. With this backdrop, the current paper purports to survey the status and performance of graduate law degree holders in US law school, to rank global law schools, and explore the implications and findings concerning the processes and outcomes of their missions. (shrink)

Professor Nicholas Ryder (see Appendix A for a list of his published works) and Dr Karen Harrison (see Appendix B for a list of her published works) have produced this second edition of The Law relating to financial crime in the United Kingdom (published by Routledge of Taylor & Francis Group) in order to bring the work up-to-date; to include recent legislation and government policy developments; and also to add the financial crime topics of tax evasion, market manipulation (including insider (...) trading) and cybercrime, making this work a complete and well-rounded university-level introduction to the criminal laws relating to financial crimes as they affect the United Kingdom. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

This paper summarizes the seminar AI in Medicine in Context: Hopes? Nightmares? that was held at the Centre for Ethics at the University of Toronto on October 17, 2017, with special guest assistant professor and neurosurgeon Dr. Sunit Das. The paper discusses the key points from Dr. Das' talk. Specifically, it discusses about Dr. Das' perspective on the ethical and moral issues that was experienced from applying artificial intelligence (AI) in law and how such issues can also arise when applying (...) AI to medicine, and concludes with a brief discussion on how such issues can be prevented. (shrink)

A theory of cognition and an interdisciplinary research program so-called enactivism put forward by Varela, Thompson, and Rosch since their book titled: “The Embodied Mind: Cognitive Science and Human Experience had been published in 1991. The theory and research program proposed in this book can be explicated in terms of eight significant themes including autopoiesis, sense-making, emergence, experience, embodied mind, embedded mind, enacted mind and the extended mind. This paper is an interpretation of the theory of enaction as a platform (...) to educational research methodological reform. So it is argued that the non-reductionistic enactive approach is the promising arena for addressing educational research methodology so that circulation between first- and third-personal phenomena makes sense across a range of objective and subjective issues that mixed methodologists want to deal. (shrink)

Nowadays, there is a growing interest in transdisciplinary approach to university curriculum development, transdisciplinary Studies are about the realms, goals, and goals of the transition field. The early phases of transdisciplinary in higher education curriculum can be complex and so there are challenges to the definition and operationalization this approach to the university curriculum. In this paper, in respect to the different perspectives on the subject, the conceptual framework and the model of the curriculum based on the causal layered learning (...) are explained and the challenges and obligations of the subject are conceptualized based on four different types of curricular issues: Philosophical and pedagogical considerations, issues and responsibilities affecting the teaching process, issues and responsibilities affecting students learning, issues and responsibilities affecting course design and issues and responsibilities affecting learning assessment. (shrink)

There are numerous kinds of definitions and discourses of conceptualization for the collaboration among disciplines. Examining a wide range of the related texts represents various, divergent, and also contradictory discourses back to this up. Carefully and critically examining the common perception of collaboration among disciplines, in this paper, authors introduce an alternative so-called pluridisciplinary. And, it is argued that pluri-disciplinary could be considered as an umbrella term for all other modes of collaboration among disciplines including multidisciplinary, interdisciplinary, and transdiciplinary. It (...) is also contended that unlike the conventional perception of collaborations between disciplines, epistemological and instrument rationales need to be seen as a continuous integration, so such a holistic approach will lead to a new so-called discipline; transdiciplinary. It is also articulated that there is a hierarchical relationship between disciplines in the alternative. In this paper, simple knowledge in pluridisciplinary studies will be replaced by super-complex knowledge, so called; trans-disciplinary, as a new-fashioned discipline, emerges. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...) (such as rules, principles, doctrines and tests) as if the signifiers were transparent. But any one signifier differs from another signifier without the lawyer ever accessing the invisible signifieds. Ironically, although the lawyer, law professor or law student believes that s/he is studying legal ‘practice’ and although legal knowledge has been considered a matter of signified concepts, the knowledge has really concerned the differentiating relations of signifiers. As a consequence, the moment of accessing the concepts (signifieds) has been forever deferred. ‘Access to justice’ has become access to the special language of signifiers, a language which lawyers alone are privileged to enforce. Turning to the Charter, lawyers claiming to know the special Charter language became indispensable to social life. Even the meaning-constituting human subject became a signifier, better known as ‘the legal person’ defined by Charter rights. Charter language, however, has deferred an access to the invisible concepts such as ‘freedom’ or ‘democracy’, terms in Section of the text. Access to justice’ has become access to the language of the privileged class of lawyers. The lawyer’s language has become a theoretical language in the name of access to justice. And yet, because the theoretical language has been propagated as concerned with ‘practice’, it has been difficult to challenge the social-cultural content of the language of lawyers. (shrink)

In this book, law professors Sherry F. Colb and Michael C. Dorf argue that: -/- many non-human animals, at least vertebrates, are morally considerable and prima facie wrong to harm because they are sentient, i.e., conscious and capable of experiencing pains and pleasures; most aborted human fetuses are not sentient -- their brains and nervous systems are not yet developed enough for sentience -- and so the motivating moral concern for animals doesn't apply to most abortions[2]; later abortions affecting (...) sentient fetuses, while rare, raise serious moral concerns, but these abortions -- like all abortions -- invariably involve the interests and rights of the pregnant woman, which can make these abortions morally permissible. For a book claiming to explore the "connections" between debates about the two issues, just the summary from the book flap -- basically, what's above -- makes it appear that there really isn't much connection between the topics, at least at the core ethical level. Animals are sentient, early fetuses are not, and so the moral arguments about the two issues don't overlap or share premises. While the authors hope to use insights from one issue to shed light on the other, I find that differences in the issues limit these insights. (shrink)

Korea maintained a dual system of legal education since it imported the American style of legal education under the influence of Japan. The public had conceived it a kind of nerd or dude that had to be engrafted with the national needs as any solution in the face of globalization challenge. This led to a monopoly of legal education in Korea that disturbed the interest holders, those whom are lawyers, law professors, law schools and department of laws and the (...) interested public, into discontention and aggrievance. While law schools in Korea now emphasize a unitary approach for the whole group of lawyers through bar association and law schools, the professors of law department, the other form of grass-root legal education in this soil, perceived that it should include a wide of public interest amenable to its respective concerns. Under this backdrop, the paper explored the French model of judge selection and discussed the inadequacy of current American style to select the judge from the pool of career attorneys. The author also suggests a change of paradigm niggardly upon public inculcation and consensus that best suits the distinct Korean tradition and policy environment of national judicial system. (shrink)

An editorial / opinion piece on abortion: -/- "I’m a philosophy professor who specializes in medical ethics and I teach and write about the ethics of abortion. So I am very familiar with the medical, legal and – most importantly – ethical or moral issues related to HB 481, the so-called “heartbeat bill” that would effectively ban abortion in Georgia. At least hundreds of other philosophy, ethics and law professors in Georgia teach these ethical debates about abortion: they are (...) also, to varying degrees, experts on the issues. -/- What is taught is the arguments about the ethics of abortion, that is, the reasons to think that abortion is wrong and the reasons to think that it’s not wrong. Evaluating these arguments requires understanding and skill. Much of these skills amount to consistently asking ‘What do you mean?’ and ‘Why think that?’ We need better arguments on these issues, and asking and answering these questions helps with that. . .". (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)

1.The judicial system in the nations is generally considered as an important public institution to promote the liberty and social justice. The role and influence of public policy and administration can hold a considerable power in the shaping of Korean judicial system. The current literature in this field is just on legal theory, and little is known about the processes, actions and interactions of players relating with the elements of public policy studies. 2. The study’s purposes were: (a) to examine (...) the phenomenon inherent in the public administration of Korean judicial system (b) to generate a theory on its phenotype in the national and comparative or interdisciplinary viewpoints. 3. Based on the grounded theory approach as well as hermeneutics and heuristics, the kind of tools, i.e., concepts, terms, essences as well as inter-relational understanding or themes were employed. The theories and tenets generally on the elements of public policy, as stems from Sabatier & Mooney, Walzer, Habermas & Foucault, Weber &Turner, Simons, Bourdieu and so, provided the backdrop for this study. 4. Research questions focused on the policy process and actions, interactions of players within the public policy aspect of Korean judicial system and its phenotype in terms of national and comparative or interdisciplinary viewpoints. 5. Research participants consisted of a purposive sample of 30 Korean lawyers, legal historians, law professors and civic leadership who responded with the individual in-depth interviews. They were preliminarily surveyed with the written questions leading to select major occurrences or events, and deeply investigated through the interviews at next. The data collection consisted of public documentation, record, personal writings, and texts of Korean source 6. The findings indicated that the public administration of Korean judicial system in view of public policy elements is (i) unique, but sharable (ii) inevitable, but struggled, (iii) static, but transformative (iv) general, but professional. 7. Implications for positive social change include deeper understanding of Korean judicial system in terms of public policy studies and importance of public policy on its shaping. (shrink)