Results for 'fundamental law'

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  1. La teoría de la selección natural darwiniana (The Darwinian Theory of Natural Selection).Santiago Ginnobili - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (1):37-58.
    This paper is about the reconstruction of the Darwinian Theory of Natural Selection. My aim here is to outline the fundamental law of this theory in an informal way from its applications in The Origin of Species and to make explicit its fundamental concepts. I will introduce the theory-nets of special laws that arise from the specialization of the fundamental law. I will assume the metatheoretical structuralist frame. I will also point out many consequences that my proposal (...)
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  2.  14
    La red teórica de la dinámica de poblaciones.Martín Díaz & Pablo Lorenzano - 2018 - Scientiae Studia 15 (2):307.
    The general aim of this article is to carry out a reconstruction of the theory of Population Dynamics (DP) in Ecology, according to Castle’s (2001) general stance with regard to the semantic view of theories, but doing it within the framework of metatheoretical structuralism. Thus, we will first identify Population Dynamics’ basic theory-element: its core K(DP) – with the class of potential models, the class of models (through the identification of its fundamental law) and the class of partial potential (...)
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  3.  8
    Ejemplares, modelos y principios en la genética clásica.Pablo Lorenzano - 2005 - Scientiae Studia 3 (2):185-203.
    Taking as starting point Kuhn’s analysis of science textbooks and its application to Sinnott and Dunn’s (1925), it will be discussed the problem of the existence of laws in biology. In particular, it will be showed, in accordance with the proposals of Darden (1991) and Schaffner (1980, 1986, 1993), the relevance of the exemplars, diagrammatically or graphically represented, in the way in which is carried out the teaching and learning process of classical genetics, inasmuch as the information contained in them, (...)
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  4. Aksjologiczne podstawy Karty praw podstawowych Unii Europejskiej [Axiological Foundations of the Charter of Fundamental Rights of the European Union].Marek Piechowiak - 2003 - Studia Prawnicze 155 (1):5-29.
    Pierwszorzędnym przedmiotem badań są przyjęte w Karcie, wprost lub domyślnie, rozstrzygnięcia typu aksjologicznego. Przez „aksjologiczne podstawy” rozumiane są rozstrzygnięcia dotyczące uznania takich, a nie innych, wartości czy dóbr za przedmiot ochrony; a ponieważ chodzi o „podstawy”, przedmiotem zainteresowania są rozstrzygnięcia fundamentalne w takim sensie, że stanowią one uzasadnienie dla bardziej szczegółowych rozstrzygnięć aksjologicznych i normatywnych. Pozwala to m.in. na formułowanie wniosków co do spójności rozstrzygnięć szczegółowych. Zagadnienie aksjologicznych podstaw obejmuje także problematykę relacji między wartościami a prawami podstawowymi oraz zagadnienie ontologicznego (...)
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  5. Affirmative Sexual Consent in Canadian Law, Jurisprudence, and Legal Theory.Lucinda Vandervort - 2012 - Columbia Journal of Gender and Law 23 (2):395-442.
    This article examines the development of affirmative sexual consent in Canadian jurisprudence and legal theory and its adoption in Canadian law. Affirmative sexual consent requirements were explicitly proposed in Canadian legal literature in 1986, codified in the 1992 Criminal Code amendments, and recognized as an essential element of the common law and statutory definitions of sexual consent by the Supreme Court of Canada in a series of cases decided since 1994. Although sexual violence and non-enforcement of sexual assault laws are (...)
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  6. The Morality and Law of War.Seth Lazar - 2012 - In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. New York, NY, USA: Routledge. pp. 364-379.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  7. In Incognito: The Principle of Double Effect in American Constitutional Law.Edward C. Lyons - 2005 - Florida Law Review 57 (3):469-563.
    Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...)
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  8. Darcy's Law and Structural Explanation in Hydrology.James R. Hofmann & Paul A. Hofmann - 1992 - PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1992:23 - 35.
    Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the (...)
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  9. Is the Risk–Liability Theory Compatible with Negligence Law?Toby Handfield & Trevor Pisciotta - 2005 - Legal Theory 11 (4):387-404.
    David McCarthy has recently suggested that our compensation and liability practices may be interpreted as reflecting a fundamental norm to hold people liable for imposing risk of harm on others. Independently, closely related ideas have been criticised by Stephen R. Perry and Arthur Ripstein as incompatible with central features of negligence law. We aim to show that these objections are unsuccessful against McCarthy’s Risk–liability theory, and that such an approach is a promising means both for understanding the moral basis (...)
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  10.  94
    Hume's Treatise and Hobbes's the Elements of Law.Paul Russell - 1985 - Journal of the History of Ideas 46 (1):51.
    The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is more important, (...)
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  11. THE PROBLEM OF SOVEREIGNTY, INTERNATIONAL LAW, AND INTELLECTUAL CONSCIENCE.Richard Lara - 2014 - Journal of the Philosophy of International Law 5 (1):31-54.
    The concept of sovereignty is a recurring and controversial theme in international law, and it has a long history in western philosophy. The traditionally favored concept of sovereignty proves problematic in the context of international law. International law’s own claims to sovereignty, which are premised on traditional concept of sovereignty, undermine individual nations’ claims to sovereignty. These problems are attributable to deep-seated flaws in the traditional concept of sovereignty. A viable alternative concept of sovereignty can be derived from key concepts (...)
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  12. W poszukiwaniu ontologicznych podstaw prawa. Arthura Kaufmanna teoria sprawiedliwości [In Search for Ontological Foundations of Law: Arthur Kaufmann’s Theory of Justice].Marek Piechowiak - 1992 - Instytut Nauk Prawnych PAN.
    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 (...)
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  13. Ukrainian Fundamental Science and European Values.Olexander Gabovich, Volodymyr Kuznetsov & Nadiya Semenova (eds.) - 2016 - Kyiv, Ukraine: National University of "Kyiv-Mohyla Academy" Press.
    Certain principle aspects of the fundamental science state in Ukraine as of 2014 were analyzed. It was shown that no awareness exists in the country that the main although not unique task of the science consists in the creation of new knowledge. The special attention was paid to state academies of science, in particular, to the National academy of science of Ukraine. It was demonstrated that the active law concerning science as well as the project of the new law (...)
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  14. Adaptación y función.Santiago Ginnobili - 2009 - Ludus Vitalis (31):3-24.
    The scientific revolution of the XVII siècle is normally described as erasing final causes and the teleology of physics. Nevertheless, the functional language plays a central role in certain areas of biological practice. This is why many philosophers have tried to explicate the concept of function, sometimes to defend the relevance of its use, some other times to show that it is merely a way of speaking that could be easily eliminated without any relevant information loss. The principal purpose of (...)
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  15. Quasi-Expressivism About Statements of Law: A Hartian Theory.Stephen Finlay & David Plunkett - forthcoming - In John Gardner, Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law, vol. 3. Oxford University Press.
    Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...)
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  16. The Attack on Liberalism.Mark Reiff - 2007 - In Michael Freeman & Ross Harrison (eds.), Law and Philosophy. Oxford University Press.
    Liberalism is today under attack. This attack is being fought along two fronts, and so appears to be coming from different directions, but it is actually coming exclusively from the right. One source is Islamic fundamentalism, and the other is American neo-conservatism, which in turn unites elements of Christian fundamentalism with elements of neo-Platonic political philosophy and neo-Aristotelian moral theory. Both Islamic fundamentalism and American neo-conservatism are perfectionist views, and while perfectionist attacks on liberalism are nothing new, there is a (...)
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  17.  11
    Derrida's Shylock: The Letter and the Life of Law.Katrin Trüstedt - 2019 - In Peter Goodrich & Michel Rosenfeld (eds.), Administering Interpretation: Derrida, Agamben, and the Political Theology of Law. New York, NY, USA: Fordham University Press. pp. 168-185..
    This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on “the letter (...)
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  18. Laws and the Completeness of the Fundamental.Martin Glazier - 2016 - In Mark Jago (ed.), Reality Making. Oxford, UK: Oxford University Press. pp. 11-37.
    Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...)
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  19. Argument From Analogy in Law, the Classical Tradition, and Recent Theories.Fabrizio Macagno & Douglas Walton - 2009 - Philosophy and Rhetoric 42 (2):154-182.
    Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, (...)
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  20. Pyrrhonism and the Law of Non-Contradiction.Diego E. Machuca - 2011 - In D. E. Machuca (ed.), Pyrrhonism in Ancient, Modern, and Contemporary Philosophy. Springer.
    The question of whether the Pyrrhonist adheres to certain logical principles, criteria of justification, and inference rules is of central importance for the study of Pyrrhonism. Its significance lies in that, whereas the Pyrrhonist describes his philosophical stance and argues against the Dogmatists by means of what may be considered a rational discourse, adherence to any such principles, criteria, and rules does not seem compatible with the radical character of his skepticism. Hence, if the Pyrrhonist does endorse them, one must (...)
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  21.  28
    The Lex of the Earth? Arendt’s Critique of Roman Law.Shinkyu Lee - forthcoming - Journal of International Political Theory:175508821989823.
    How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her writings show (...)
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  22. Value and Law in Kant’s Moral Theory. [REVIEW]Andrews Reath - 2003 - Ethics 114 (1):127-155.
    Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. Guyer (...)
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  23. On the Possibility of Stable Regularities Without Fundamental Laws.Aldo Filomeno - 2014 - Dissertation, Autonomous University of Barcelona
    This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...)
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  24. The Second-Person Standpoint in Law and Morality.Herlinde Pauer-Studer - 2014 - Grazer Philosophische Studien 90 (1):1-3.
    The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...)
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  25. Two Concepts of Law of Nature.Brendan Shea - 2013 - Prolegomena 12 (2):413-442.
    I argue that there are at least two concepts of law of nature worthy of philosophical interest: strong law and weak law. Strong laws are the laws investigated by fundamental physics, while weak laws feature prominently in the “special sciences” and in a variety of non-scientific contexts. In the first section, I clarify my methodology, which has to do with arguing about concepts. In the next section, I offer a detailed description of strong laws, which I claim satisfy four (...)
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  26.  93
    The Fundamental Laws of Physics Can Tell the Truth.Renat Nugayev - 1991 - International Studies in the Philosophy of Science 5 (1):79 – 87.
    INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to (...)
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  27. Concepts of Law of Nature.Brendan Shea - 2011 - Dissertation, University of Illinois
    Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to metaphysics or philosophy of (...)
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  28.  51
    Forensic Brain-Reading and Mental Privacy in European Human Rights Law: Foundations and Challenges.Sjors Ligthart, Thomas Douglas, Christoph Bublitz, Tijs Kooijmans & Gerben Meynen - forthcoming - Neuroethics:1-13.
    A central question in the current neurolegal and neuroethical literature is how brain-reading technologies could contribute to criminal justice. Some of these technologies have already been deployed within different criminal justice systems in Europe, including Slovenia, Italy, England and Wales, and the Netherlands, typically to determine guilt, legal responsibility, or recidivism risk. In this regard, the question arises whether brain-reading could permissibly be used against the person's will. To provide adequate legal protection from such non-consensual brain-reading in the European legal (...)
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  29.  19
    É a identidade fundamental?Kherian Gracher - 2016 - Dissertation, Federal University of Santa Catarina
    Identity is traditionally taken to be a fundamental notion of our conceptual framework as well as a fundamental metaphysical component of entities. But as far as we make this claim we face ourselves with two problems: what is identity? And why would it be fundamental? These questions will guide us towards a discussion put forward by Bueno (2014), Krause and Arenhart (2015). Bueno holds that there are four aspects that make identity being fundamental: (1) identity is (...)
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  30.  14
    É a Identidade Fundamental?Kherian Gracher - 2016 - Dissertation, Federal University of Santa Catarina
    (Abstract - Inglês) Identity is traditionally taken to be a fundamental notion of our conceptual framework as well as a fundamental metaphysical component of entities. But as far as we make this claim we face ourselves with two problems: what is identity? And why would it be fundamental? These questions will guide us towards a discussion put forward by Bueno (2014), Krause and Arenhart (2015). Bueno holds that there are four aspects that make identity being fundamental: (...)
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  31. On the Fundamental Meaning of the Principle of Least Action and Consequences for a "Dynamic" Quantum Physics.Helmut Tributsch - 2016 - Journal of Modern Physics 7:365-374.
    The principle of least action, which has so successfully been applied to diverse fields of physics looks back at three centuries of philosophical and mathematical discussions and controversies. They could not explain why nature is applying the principle and why scalar energy quantities succeed in describing dynamic motion. When the least action integral is subdivided into infinitesimal small sections each one has to maintain the ability to minimise. This however has the mathematical consequence that the Lagrange function at a given (...)
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  32.  56
    Legal Fallibilism: Law (Like Science) as a Form of Community Inquiry.Frederic R. Kellogg - 2009 - Discipline Filosofiche 19 (2).
    Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats (...)
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  33.  23
    Robustness to Fundamental Uncertainty in AGI Alignment.G. G. Worley Iii - 2020 - Journal of Consciousness Studies 27 (1-2):225-241.
    The AGI alignment problem has a bimodal distribution of outcomes with most outcomes clustering around the poles of total success and existential, catastrophic failure. Consequently, attempts to solve AGI alignment should, all else equal, prefer false negatives (ignoring research programs that would have been successful) to false positives (pursuing research programs that will unexpectedly fail). Thus, we propose adopting a policy of responding to points of philosophical and practical uncertainty associated with the alignment problem by limiting and choosing necessary assumptions (...)
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  34.  90
    Failure of the Audiovisual Media Law and the Contradiction That Holds Public Interest Hostage.Raimonda Nelku - 2014 - SOCRATES 2 (1):76-88.
    Democratic transitions of Eastern countries brought about the need to shifting from eastern into western paradigms. Transitioning into western models of media, more specifically to the public system of broadcasting became a prerequisite for achieving the EU status for Eastern European transitioning countries. It has been twelve years since Albania entered the process of transformation from being a State TV towards becoming a Public Television. The article aims to provide a theoretical framework of public television networks in western countries pointing (...)
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  35. Three Dogmas of First-Order Logic and Some Evidence-Based Consequences for Constructive Mathematics of Differentiating Between Hilbertian Theism, Brouwerian Atheism and Finitary Agnosticism.Bhupinder Singh Anand - manuscript
    We show how removing faith-based beliefs in current philosophies of classical and constructive mathematics admits formal, evidence-based, definitions of constructive mathematics; of a constructively well-defined logic of a formal mathematical language; and of a constructively well-defined model of such a language. -/- We argue that, from an evidence-based perspective, classical approaches which follow Hilbert's formal definitions of quantification can be labelled `theistic'; whilst constructive approaches based on Brouwer's philosophy of Intuitionism can be labelled `atheistic'. -/- We then adopt what may (...)
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  36. Aquinas, Finnis and Non-Naturalism.Craig Paterson - 2006 - In Craig Paterson & Matthew Pugh (eds.), Analytical Thomism: Traditions in Dialogue. Ashgate.
    In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I think (...)
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  37. The Emperor's New Metaphysics of Powers.Stephen Barker - 2013 - Mind 122 (487):605-653.
    This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are (...)
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  38.  69
    Panpsychism in the Recent Debates About the Mind.Jacek Jarocki - 2018 - Diametros (59):49-64.
    The purpose of this article is to present contemporary varieties of panpsychism, i.e. a metaphysical view according to which at least some of the fundamental properties which constitute the world are mental. Despite its popularity in the history of philosophy, the view has been thought, in the analytic tradition, to be unscientific. Nevertheless, in light of some insolvable problems with the explanation of mind, panpsychism has become a view which is taken seriously as a correct metaphysical theory. In this (...)
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  39.  90
    Kategorische Rechtsprinzipien in Zeiten der Postmoderne. Interview mit Prof. Dr Otfried Höffe.Shaveko Nikolai - 2018 - Kantian Journal 37 (1):62-73.
    This interview explores the extent to which Kant’s philosophy, which postulates certain moral principles categorically, has influenced the contemporary theory of justice. Many academics believe such principles to be relative and emphasise that justice lies beyond the remit of science. Otfried Höffe is convinced that categorical legal principles remain a valid subject for an academic discussion. In his works, he often appeals to Kantian philosophy. In the interview, Prof. Dr. О. Höffe refers to such famous German Neo-Kantian philosophers of law (...)
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  40. Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment.Benjamin S. Yost - 2011 - Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his scattered (...)
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  41. How Can Our Human World Exist and Best Flourish Embedded in the Physical Universe? A Letter to an Applicant to a New Liberal Studies Course.Nicholas Maxwell - 2014 - On the Horizon 22 (1).
    In this paper I sketch a liberal studies course designed to explore our fundamental problem of thought and life: How can our human world exist and best flourish embedded as it is in the physical universe? The fundamental character of this problem provides one with the opportunity to explore a wide range of issues. What does physics tell us about the universe and ourselves? How do we account for everything physics leaves out? How can living brains be conscious? (...)
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  42. A Law of One's Own: Self‐Legislation and Radical Kantian Constructivism.Tom O'Shea - 2015 - European Journal of Philosophy 23 (4):1153-1173.
    Radical constructivists appeal to self-legislation in arguing that rational agents are the ultimate sources of normative authority over themselves. I chart the roots of radical constructivism and argue that its two leading Kantian proponents are unable to defend an account of self-legislation as the fundamental source of practical normativity without this legislation collapsing into a fatal arbitrariness. Christine Korsgaard cannot adequately justify the critical resources which agents use to navigate their practical identities. This leaves her account riven between rigorism (...)
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  43. Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka.Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne problemy ochrony praw człowieka. Katedra Ochrony Praw Człowieka i Prawa Międzynarodowego UKSW. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic (...)
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  44. Problem Aksjologicznej Legitymizacji Uniwersalnego Systemu Ochrony Praw Człowieka [Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights].Marek Piechowiak - 2015 - In Elżbieta Karska (ed.), Globalne Problemy Ochrony Praw Człowieka. Katedra Ochrony Praw Człowieka I Prawa Międzynarodowego Uksw. pp. 86-100.
    Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...)
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  45. Negative Freedom or Objective Good: A Recurring Dilemma in the Foundations of Politics.Marek Piechowiak - 2007 - In Taborska Halina & Wojciechowski Jan S. (eds.), Dokąd zmierza Europa – przywództwo – idee – wartości. Where Europe Is Going – Leadership – Ideas – Values. pp. 537-544.
    Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here as (...)
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  46. Collective Fields of Consciousness in the Golden Age.Endre Grandpierre - 2000 - World Futures 55 (4):357-379.
    The present essay is a compact form of the results obtained during many decades of research into the primeval foundations of the collective fields of force, both social and of consciousness. Since everything is determined by their origins, and the collective forces arise from the mind, we had to explore the ultimate origins of mind. We have come to recognize the law of interactions as the law and necessity which determine the primeval origins of mind. It also determines the substance (...)
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  47.  25
    “The Authority to Interpret, the Purpose of Universities, and the Giving of Awards, Honors, or Platforms by Catholic Universities: Some Thoughts on ‘Catholics in Political Life’,”.Michael Baur - 2011 - Journal of Catholic Legal Studies 49:101-120.
    With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis of a simple and (...)
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  48. Kant on the Objectivity of the Moral Law (1994).Adrian M. S. Piper - 1997 - In Andrews Reath, Barbara Herman & Christine Korsgaard (eds.), Reclaiming the History of Ethics: Essays for John Rawls. Cambridge University Press.
    In 1951 John Rawls expressed these convictions about the fundamental issues in metaethics: [T]he objectivity or the subjectivity of moral knowledge turns, not on the question whether ideal value entities exist or whether moral judgments are caused by emotions or whether there is a variety of moral codes the world over, but simply on the question: does there exist a reasonable method for validating and invalidating given or proposed moral rules and those decisions made on the basis of them? (...)
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  49. Filozofia praw człowieka. Prawa człowieka w świetle ich międzynarodowej ochrony.Marek Piechowiak - 1999 - Towarzystwo Naukowe KUL.
    PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...)
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  50. Comparative Legal Cultures: On Traditions Classified, Their Rapprochement & Transfer, and the Anarchy of Hyper-Rationalism with Appendix on Legal Ethnography.Csaba Varga - 2012 - Szent István Társulat.
    Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...)
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