The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, jurists (...) and lawyers, legislators, and public officials. -/- Contents in English. (shrink)

Though recent years have seen a proliferation of critical histories of international law, their normative significance remains under-theorized, especially from the perspective of general readers rather than writers of such histories. How do critical histories of international law acquire their normative significance? And how should one react to them? We distinguish three ways in which critical histories can be normatively significant: (i) by undermining the overt or covert conceptions of history embedded within present practices in support of their authority; (...) (ii) by disappointing the normative expectations that regulate people’s reactions to critical histories; and (iii) by revealing continuities and discontinuities in the functions that our practices serve. By giving us a theoretical grip on the different ways in which history can be normatively significant and call for different reactions, this account helps us think about the overall normative significance of critical histories and how one and the same critical history can pull us in different directions. (shrink)

On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of different (...) forms of government, idealism and realism in international relations, the distinction between just and unjust war, and the sources of public authority and the nature of legitimate sovereignty. The organizing principle of the book is the idea that the great political thinkers were searching for the best political order and a criterion for human conduct in both domestic and international politics. The book presupposes no previous knowledge of political philosophy. It will therefore be a valuable introductory book for students of philosophy, politics, and international relations. As it opens eyes to the perceptions that historical knowledge may convey, it will also be an illuminating and engaging reading for a general reader. (shrink)

My analysis here is an attempt to bring out the main through-line in the development of Bulgarian philosophy of law today. A proper account of Bulgarian philosophy of law in the 20th century requires an attempt to find, on the one hand, a solution to epistemological and methodological problems in law and, on the other, a clear-cut influence of the Kantian critical tradition. Bulgarian philosophy of law follows a complicated path, ranging from acceptance and revision of Kantian philosophy to the (...) development of interesting theories on the logic of legal reasoning. (shrink)

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering (...) American democracy amidst rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

This paper investigates the historical origin and ancestors of typicality, which is now a central concept in Boltzmannian Statistical Mechanics and Bohmian Mechanics. Although Ludwig Boltzmann did not use the word typicality, its main idea, namely, that something happens almost always or is valid for almost all cases, plays a crucial role for his explanation of how thermodynamic systems approach equilibrium. At the beginning of the 20th century, the focus on almost always or almost everywhere was fruitful for developing measure (...) theory and probability theory. It was apparently Hugh Everett III who first mentioned typicality in physics in 1957 while searching for a justification of the Born rule in his interpretation of quantum mechanics. The historically closest concept before these developments is moral certainty, which was invented by the medieval French theologian Jean Gerson, and it became a standard concept at least until the Age of Enlightenment, when Jakob Bernoulli proved the Law of Large numbers. (shrink)

This research explores the “ History of Vietnamese Vocational Educational and Training (VET) since 1954”. It provides policymakers, educators, and administrators with a review of Vietnam’s VET models through three significant periods, 1954 to 1975, 1976 to 1985, and 1986 to the present. The research was conducted at 13 vocational schools of 13 provinces and cities in Vietnam. Data were collected from documentary and interview data. Participants were former and current MOLISA policymakers and managers, current and former DOLISA officials, (...) former and current principals and head teachers of vocational schools from 13 provinces and cities of Vietnam. They were selected using the snowball method, where initial participants recommend the potential subsequent participants. Findings show that the informal VET model originating from the ancient past in the form of the traditional vocational village undeveloped to establish the formal VET model in Vietnam. It was not until the beginning of the 19th century when the French invaded Vietnam and set up the first vocational school system, that the formal VET model was formed. Since 1954 Vietnamese VET has experienced three different models. From 1955 to 1975 Vietnam was divided into two different political areas: in South Vietnam, the VET system was based on the French VET model. Whereas, the VET system of North Vietnam followed the model of the Union of Soviet Socialist Republic (USSR). After Vietnam was unified in 1975, the VET model of North Vietnam was applied across the country and the VET model of South Vietnam was replaced. Since 1986, the Vietnamese government has implemented a Doi Moi policy (the renewal policy), and the Vietnamese VET system has transferred from the USSR’s VET model to the German dual model. -/- The Vietnam government has been faced challenges in implementing this model. Findings show that these challenges partially came from the history of the Vietnamese VET development. It was not until 1969 when the Vietnamese government established the General Department of Technical Workers Training (GDTWT) to design and manage the VET system, that the public VET system in Vietnam was officially founded. During the period of 1975 to 1986, under the support of the USSR, the Vietnamese VET system was influenced by the USSR’s VET style, which was subsidised and attached to the plans of the state economy. Although the Vietnamese government implemented a Doi Moi policy (the renewal policy) in 1986, which transitioned from a subsidised to market economy, the VET system was not reformed to meet the demands of market economy. It was not until 1991, the Vietnamese government VET policies aimed to modernise its VET system to meet the needs of a market economy. It was further delayed until 2006 when the law of VET was issued, and the public VET system in Vietnam was standardised. Since 2016, to modernise the VET system, the Vietnamese government has cooperated with the Australian government to develop a dual model in Vietnam. This study provides an overall look of Vietnamese VET development through its three historical periods, 1954 to 1975, 1976 to 1985, 1986 to the present. (shrink)

I subordinated the discussion of historical and philosophical issues of science to learning scientific concepts, superimposing them so as to make them inseparable. The topics of units are the same as in regular science courses, such as "electrical conductors and nonconductors," and the goal is the same: to formulate the laws of phenomena. The difference is in the ways the unit is taught. I have found that understanding of a concept improves if it is "rediscovered" with active participation on the (...) part of the learner. Students work in small groups. The instructor shows them a historical experiment, and they begin repeating and modifying it. Periodically, students discuss their results. After they formulate their final conclusion, the instructor informs them how close 'their' law came to the historical one. Students get a lesson about various interpretations of experimental results (including the erroneous ones) and a difficulty of making the best general conclusion. The second area concerns the type of experiment used. I emphasize investigative experiments which require students to imitate scientists rather than use artificial or contrived experiments. In particular, I emphasize qualitative experiments - popular in the 18th century where students study a certain phenomenon to find a qualitative empirical law to describe it. The third area deals with the strategy of experimenting. The recommended strategy is distilled from scientific treatises of the past. Some parts of it, especially Preliminary Part, are not familiar to science teachers. Students learn, in particular, that variables appear not from guessing but from initial unplanned experiments. (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)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional (...) framers to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often (...) can be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

A polemical account of Australian philosophy up to 2003, emphasising its unique aspects (such as commitment to realism) and the connections between philosophers' views and their lives. Topics include early idealism, the dominance of John Anderson in Sydney, the Orr case, Catholic scholasticism, Melbourne Wittgensteinianism, philosophy of science, the Sydney disturbances of the 1970s, Francofeminism, environmental philosophy, the philosophy of law and Mabo, ethics and Peter Singer. Realist theories especially praised are David Armstrong's on universals, David Stove's on logical probability (...) and the ethical realism of Rai Gaita and Catholic philosophers. In addition to strict philosophy, the book treats non-religious moral traditions to train virtue, such as Freemasonry, civics education and the Greek and Roman classics. (shrink)

Passages in Aristotle’s Politics Book 3 are cited in discussions of the “rule of law”, most particularly sections in 1287a where the famous characterization of law as “mind without desire” occurs and in 1286a where Aristotle raises and explores the question whether it is better to be ruled by the best man or the best laws. My paper aims, by exegetically culling out Aristotle’s position in the Politics, Nicomachean Ethics and Rhetoric, to argue that his view on the rule of (...) law and its relations to human subjects is considerably more complex and considerably more interesting. Despite Aristotle’s dictum, laws are not expressions or institutions of a pure and passionless rationality, and in order to be framed, understood and administered well, one must both have the sort of solid understanding of virtues, vices, passions, and motives of human action that Aristotle’s moral philosophy provides and have developed, at least to some degree, certain virtues. My paper focuses particularly on three themes: the role of the passions and desires in judgment, action, virtues and vices; the inescapability of passions and desires in the functioning of law; the possibility for rule of law and a certain level of virtue to be mutually supporting. (shrink)

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the studies (...) of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

For students and the general reader, this is the best English translation of the entire 'Laws' available. I give several examples of important lines that are translated well in this edition, but I take issue with the translation of some other lines and with part of Schofield's introduction on grounds that these parts do not reveal Plato's political and cosmic holism as clearly as they could have.

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the (...) question of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

FROM THE HISTORY OF PHYSICS TO THE DISCOVERY OF THE FOUNDATIONS OF PHYSICS By Antonino Drago, formerly at Naples University “Federico II”, Italy – drago@unina,.it (Size : 391.800 bytes 75,400 words) The book summarizes a half a century author’s work on the foundations of physics. For the forst time is established a level of discourse on theoretical physics which at the same time is philosophical in nature (kinds of infinity, kinds of organization) and formal (kinds of mathematics, kinds of (...) logic). This double side of the two dichotomies assures a deep comprehension of theoretical physics by avoiding both a purely philosophical analysis and a purely formal analysis, each manifestly insufficient for representing all the aspects of theoretical physics. Among the many formulations of a physical theory, e.g. Mechanics, also Mach(1) recognized technical differences only, Instead my suggestion is to consider their differences as revealing the characteristic features of their foundations. No more radical differences may exist than those concerning both their kinds of Mathematics and their kinds of Logic. As a fact, after the 20th Century within each of these sciences there exist two antagonist foundations, within Mathematics either the classical one or the constructive one(2); within Mathematical Logic either the classical logic or the intuitionist one(3). Let us take Mechanics as an instance. Being the choices of the Newton’s formulation respectively the actual infinity of the differential equations relying on the infinitesimals and the classical logic, a formulation based on the alternative choices is Lazare Carnot’s,(4) whose mathematics is no more than algebraic-trigonometric and the logic is the intuitionist one, because this formulation makes use of doubly negated propositions, whose corresponding affirmative propositions are idealistic or false; i.e. in these cases the law of double negation fails, as in intuitionist logic occurs. By considering these two dichotomies as the foundations of the physical theories, each couple of choices upon them fashions one out four models of scientific theory, which are baptized through the authors of their most representative theories: Newtonian, Carnotian, Lagrangian, Descartesian. In correspondence four versions of the principle of inertia are recognized, as suggested by respectively: Descartes. Lazare Carnot, Enriques and Cavalieri.(5) All that suggests that the four models of scientific theory may be graphically represented as a compass orientating our minds amid the so numerous physical theories. By taking these dichotomies as interpretative categories, a new interpretative history of Physics including both classical and modern physics results according to a quadrilinear development. The birth of modern physics is characterized by the two theories - Einstein’s paper on special relativity and Einstein’s first paper on quanta - whose choices are the alternative ones to those of the previously dominant physical theory, Newtonian mechanics: in the latter paper Einstein i) declares the dichotomy on the kinds of mathematics (“Introduction”) and then he chooses the discrete mathematics; ii) by using doubly negated propositions he organizes his theory in an alternative way to the deductive-axiomatic one.(6) Moreover, a new history of Philosophy of knowledge results. Kant’s first two a priori transcendental categories represent the physical interpretation of the two choices out of the four pairs of choices on the two dichotomies, i.e. the choices of the dominant theory of mechanics, Newton’s. Hegel’s dialectic was a misleading attempt of anticipating the subsequent intuitionist logic. The book starts by a comparison of different formulations of thermodynamics in order to recognize the first dichotomy on the kind of organization. In chapter 2 the dichotomy on the kind of infinity is recognized through a comparison of Newrton’s mechanics and Lazare Carnot’s. A quickly history of the other classical physical theories is illustrated in chapter 3; it results a foundational conflict between the last two theories, and hence a conflict between their opposite couples of choices. The two main theories of modern physics, special realtivity and quantum mechanics confirm the foundational role played by the two dichotomies which gives reason for the radical change in the history of theoretical physics. Indeed, the opposition of the two main pairs of choices gives reason of the crisis in theoretical physics in the early 1900s. As a global result, the book represents the first interpretation of the entire history of Physics, both classical and modern; This fact proves that the four models of scientific theories can works as a compass (that of the front cover) suggesting a direction among the many physical theories. This new history of physics leads to re-visit both Koyré’s and Kuhn’s historiographies. Their interpretative categories are interpreted and explained through the two dichotomies so that it is possible to suggest à la Koyré categories based on the alternative choices theories to Newton’s as the suitable categories for interpreting the alternative theories to Newton’s mechanics. All that suggests a new interpretation of the crucial step in the history of Western philosophy of knowledge, i.e. the passage from Leibniz to Kant: Leibniz’s suggestion of the two labyrinths of human minds may be seen as a close anticipation of the two above dichotomies. Kant applied them in order to construct the well-known four cosmological proofs, which however he misinterpreted as leading to contradictions, instead to tow different methods of investigation corresponding to the two different kinds of logic.(7) Bibliography 1. Mach E. (1883), Die Mechanik, Leipzig: Brockhaus, Chap. IV, Sect. III. 2. Bishop E. (1967), Constructive Analysis, New York: Mc Graw-Hill. 3. Heyting A. (1962), Intuitionism. An Introduction, Amsterdam: North-Holland. 4. L. Carnot (1783), Essai on the Machines en général, Defay, Dijion (Enlish translation: Springer, Berlin, 2020). Drago A. (2004), “A new appraisal of old formulations of mechanics”, Am. J. Phys., 72(3), pp. 407-9. 5. Vella M.R. (2007), “Le quattro versioni del principio di inerzia”, in M. Leone et al. (eds.), L’eredità di Fermi, Majorana e altri Temi. Napoli: ESI, pp. 147-151. 6. Drago A. (2014), “The emergence of two options from Einstein°s first paper on Quanta”, in Pisano R., Capecchi D., Lukesova A. (eds.), Physics, Astronomy and Engineering. Critical Problems in the History of Science and Society, Scientia Socialis P., Siauliai, 2013, pp. 227-234. 7. This and all in the above points are illustrated by the book Drago A. (2017), Dalla Storia della Fisica ai Fondamenti della Scienza, Roma: Aracne. (shrink)

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, by (...) recognizing this relationship between Hume's and Hobbes's works we can come to appreciate the unity of the project of the Treatise itself. My discussion will proceed in three stages. In section I present the evidence for my central thesis. In the second section I shall consider why Hume does not, as one might expect, acknowledge this important debt to Hobbes in the Introduction to the Treatise or in the Abstract. Finally, in the third section I shall note a few points of some importance to the understanding of Hume's philosophy which this relationship between Hobbes's and Hume's work touches upon. (shrink)

In this paper, I seek to advance the thesis that if we are to come to a better appreciation of the historical rootedness of philosophical thinking, we must strive to encourage the contextualization of philosophical texts and support this goal by developing methods and tools for research that are facilitative of this contextualist goal.

This paper interprets Dilthey’s treatment of history and historical science through his engagement with Kantian and post-Kantian philosophy. It focuses on Dilthey’s account of the possibility of objectivity in the Geisteswissenschaften. It finds in Dilthey a view of history as a law-governed, dynamical structure expressing the totality of human life, cast in a reworked Hegelian notion of objective spirit. The aim of historical thought is to understand the unity of this structure to the greatest extent possible, and thereby (...) to understand lived experience itself. Dilthey’s epistemological standpoint recommends beginning with concrete studies in the special human sciences, and working toward a more general representation of the regularities and patterns in the historical record. (shrink)

Most interpretations of Oswald Spengler’s _The Decline of the West_ offer a relativist or positivist reading of his philosophy of history, with the latter being the most common. This paper argues that any positivist account of Spengler’s philosophy of history is untenable, and that only a relativist interpretation is plausible. It differs from standard arguments for the relativist interpretation by arguing that Spengler’s philosophy be understood as a form of fictionalism. However, rather than dismissing the positivistic elements of (...) his philosophy of history, it argues that they form a separate (albeit fictional) philosophy of history within his relativist philosophy designed to serve a heuristic purpose. (shrink)

It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down (...) the core pillars of the paradigm installed by the Chicago boys. Looking at broader developments, the essential driver of change over the past four decades have however not been an economic one but rather a legal one. Or rather the essential change has been the economics discipline acting as an invasive species entering into the realm of law though the law and economics paradigm. (shrink)

It is often said that the best system account of laws needs supplementing with a theory of perfectly natural properties. The ‘strength’ and ‘simplicity’ of a system is language-relative and without a fixed vocabulary it is impossible to compare rival systems. Recently a number of philosophers have attempted to reformulate the BSA in an effort to avoid commitment to natural properties. I assess these proposals and argue that they are problematic as they stand. Nonetheless, I agree with their aim, and (...) show that if simplicity is interpreted as ‘compression’, algorithmic information theory provides a framework for system comparison without the need for natural properties. (shrink)

Basing itself on the universality of the Buddhist ethic, this book manifests much learning on the part of the author as acquired from many a complementary branch of study including history, philosophy, and, above all, jurisprudence. Celebrating both Eastern and Western thought, parallels are convincingly drawn between contributions made by such seemingly incomparable personalities as the Buddha and Greek philosophers and King Aśoka and John Rawls. The viability of a body of common jurisprudence having both municipal and international application, (...) as founded upon the universal truths of the ‘Dhamma,’ is herein seen firmly established, ultimately dispelling all doubts hitherto cast upon the legal worth of Buddhism. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, (...) the United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

This book develops the law of political economy as a new field of scholarly enquiry. Bringing together an exceptional group of scholars, it provides a novel conceptual framework for studying the role of law and legal instruments in political economy contexts, with a focus on historical transformations and central challenges in both European and global contexts. Its chapters reconstruct how the law of political economy plays out in diverse but central fields, ranging from competition and consumer protection law to labour (...) and environmental law, giving a comprehensive overview of the central challenges of the law of political economy. It also provides a sophisticated and multifaceted framework for further enquires while outlining the contours of new law of political economy. (shrink)

Difficulties in learning Ohm’s Law suggest a need to refocus it from the law for a part of the circuit to the law for the whole circuit. Such a revision may improve understanding of Ohm’s Law and its practical applications. This suggestion comes from analysis of the history of the law’s discovery and its teaching. The historical materials this paper provides can also help teacher to improve students’ insights into the nature of science.

Brian Z. Tamanaha has written extensively on realism in jurisprudence, but in his Realistic Theory of Law (2018), he uses "realism" in a commonplace way to ground a rough outline of legal history. While he refers to his method as genealogical, he does not acknowledge the complex tensions in the development of the philosophical use of that term from Nietzsche to Foucault, and the complex epistemological issues that separate them. While the book makes many interesting points, the methodological concerns (...) outweigh them in the overall assessment of the value of the work. (shrink)

With recent developments in political globalization, self-identifying “cosmopolitans” have overwhelmed the scholarly discourse. This article examines the moral claims behind the theory of cosmopolitanism—in its political universal form—while being especially cautious of claims of such true universalism, and its likely dangerous applications. This entails a brief analysis into certain justified universalist legal traditions; an example of such is found in the International Criminal Court (ICC). In examining the theory and application of western-originated cosmopolitanism, we not only see how theoretical claims (...) of moral superiority are wrong, but that they are alive and well in western theories. In application, it follows that even (slightly) milder legal traditions, like the ICC, imply this unjustified moral superiority. (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

The history of the regulation of animal research is essentially the history of the emergence of meaningful social ethics for animals in society. Initially, animal ethics concerned itself solely with cruelty, but this was seen as inadequate to late 20th-century concerns about animal use. The new social ethic for animals was quite different, and its conceptual bases are explored in this paper. The Animal Welfare Act of 1966 represented a very minimal and in many ways incoherent attempt to (...) regulate animal research, and is far from morally adequate. The 1985 amendments did much to render coherent the ethic for laboratory animals, but these standards were still inadequate in many ways, as enumerated here. The philosophy underlying these laws is explained, their main provisions are explored, and future directions that could move the ethic forward and further rationalize the laws are sketched. (shrink)

The introduction of laws of nature is often seen as one of the hallmarks of the Scientific Revolution of the seventeenth century. The new sciences are thought to have introduced the revolutionary idea that explanations of natural phenomena have to be grounded in exceptionless regularities of universal scope, i. e. laws of nature. The use of legal terminology to talk about natural regularities has a longer history, though. This article traces these earlier uses.

In this paper, I present and criticize several historical arguments in favour of prohibition and criminalization of illicit psychoactive substances. I consider several versions of Charles Brent’s argument from drug harms and an argument from addiction based on Kantian view on autonomy. My criticism will mainly rely on empirical evidence on drugs, drug use, and addiction. I think that in light of this evidence, all of the arguments lose their cogency or can be refuted altogether. Moreover, the evidence reveals an (...) inconsistency in the international drug law framework. In conclusion, I therefore provide a general argument challenging the legitimacy of the existing distinction between licit and illicit drugs based on the inconsistency. (shrink)

This book aims to give a better understanding of dharma through an extraordinarily exhaustive account of both the word and the concept through an incisive analysis of Vedic, Buddhist, Puranic, Smriti, and bhakti texts, and even some works of literature.

The paper follows the track of a previous paper “Natural cybernetics of time” in relation to history in a research of the ways to be mathematized regardless of being a descriptive humanitarian science withal investigating unique events and thus rejecting any repeatability. The pathway of classical experimental science to be mathematized gradually and smoothly by more and more relevant mathematical models seems to be inapplicable. Anyway quantum mechanics suggests another pathway for mathematization; considering the historical reality as dual or (...) “complimentary” to its model. The historical reality by itself can be seen as mathematical if one considers it in Hegel’s manner as a specific interpretation of the totality being in a permanent self-movement due to being just the totality, i.e. by means of the “speculative dialectics” of history, however realized as a theory both mathematical and empirical and thus falsifiable as by logical contradictions within itself as emprical discrepancies to facts. Not less, a Husserlian kind of “historical phenomenology” is possible along with Hegel’s historical dialectics sharing the postulate of the totality (and thus, that of transcendentalism). One would be to suggest the transcendental counterpart: an “eternal”, i.e. atemporal and aspatial history to the usual, descriptive temporal history, and equating the real course of history as with its alternative, actually happened branches of the regions of the world as with only imaginable, counterfactual histories. That universal and transcendental history is properly mathematical by itself, even in a neo-Pythagorean model. It is only represented on the temporal screen of the standard historiography as a discrete series of unique events. An analogy to the readings of the apparatus in quantum mechanics can be useful. Even more, that analogy is considered rigorously and logically as implied by the mathematical transcendental history and sharing with it the same quantity of information as an invariant to all possible alternative or counterfactual histories. One can involve the hypothetical external viewpoint to history (as if outside of history or from “God’s viewpoint to it), to which all alternative or counterfactual histories can be granted as a class of equivalence sharing the same information (i.e. the number choices, but realized in different sequence or adding redundant ones in each branch) being similar and even mathematically isomorphic to Feynman trajectories in quantum mechanics. Particularly, a fundamental law of mathematical history, the law of least choice of the real historical pathway is deducible from the same approach. Its counterpart in physics is the well-known and confirmed law of least action as far as the quantity of action corresponds equivocally to the quantity of information or that of number elementary historical choices. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s messianic (...) utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

I examine the consistency of Kant's notion of moral progress as found in his philosophy of history. To many commentators, Kant's very idea of moral development has seemed inconsistent with basic tenets of his critical philosophy. This idea has seemed incompatible with his claims that the moral law is unconditionally and universally valid, that moral agency is noumenal and atemporal, and that all humans are equally free. Against these charges, I argue not only that Kant's notion of moral development (...) is consistent, but also that the assumption of the possibility of moral progress is indispensible for Kant's moral theory. (shrink)

This article offers an interpretation of the intellectual and political origins of modern law in the nineteenth century and its consequences for contemporary legal thought. Social theoretical analyses of law and legal thought tend to emphasize rupture and change. Histories of legal thought tend to draw a picture of strife between different schools of jurisprudence. Such analyses and histories fail to account for the extent to which present legal thought is the continuation of a jurisprudential settlement that occurred in the (...) nineteenth century. That settlement tamed the will of the masses under the influence of authoritative legal thought, conceptions of political morality, and a general sense of social evolution. The principal mechanism of the settlement was a compact between legal rationalism and historicism to which popular will acceded. After a period of polarization around the time of the American and French revolutions, nineteenth century legal rationalism came to see historical events as the outcome of the cunning operation of reason in the world, and legal historicism came to appeal to the rationalizations of legal reason in order to endow historical matter with both conceptual stability and intellectual authority. Popular will bought into both. Modern law and the main schools of legal thought have remained, ever since, bound to this convergence of reason and history in the face of will. Modern law is therefore as much about continuity as it is about rupture; as much about unity as it is about strife. (shrink)

Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start (...) in natural law theory, founded on what to Rousseau’s mind is the true idea of human nature. The paper intends to show that the only natural qualities which can be seen as anthropological constants are those that keep man flexible, namely perfectibility and freedom of will. It is argued that these are exactly the qualities which according to Rousseau serve as the standard of natural law for the system of politics and its laws: Only a state based upon the free consent of individuals can do justice to man’s perfectibility and freedom of will. Rehm stresses that because of perfectibility and freedom of will, this self-commitment has to be revisable, which is why the republic of the “Social Contract” should not have a constitution, or any law that the citizens cannot alter. It is demonstrated that in Rousseau’s view, this republic is the enabling condition of natural liberty. -/- . (shrink)

The concept of natural law is fundamental to political philosophy, ethics, and legal thought. The present article shows that as early as the ancient Greek philosophical tradition, three main ideas of natural law existed, which run in parallel through the philosophical works of many authors in the course of history. The first two approaches are based on the understanding that although equipped with reason, humans are nevertheless still essentially animals subject to biological instincts. The first approach defines natural law (...) as the law of the strongest, which can be observed to hold among all members of the animal kingdom. The second conception presents natural law as the principle of self-preservation, inherent as an instinct in all living beings. The third approach, also developed in antiquity, shifts the focus to our rationality and develops the idea of natural law as the law of reason within us. Some Christian thinkers who consider the origin of reason in us to be divine, identify the law of reason inherent in us with God's will. This paper gives a brief exposition of the development of these three concepts of natural law in philosophy, with emphasis on the intertwining of these three concepts, which we, however, understand as primarily and essentially independent. The paper concludes with an overview of twentieth-century authors who exclusively focus on only one of the three concepts. The aim of this article is to argue against these one-sided interpretations and to uphold the independence and distinctness of the three historical conceptions of natural law. (shrink)

Racism in the USA not only takes place in law, economics, politics, mass media and new media, education, literature, and popular culture but also occurs in philosophy. An abundance of Latino philosophers, African-American philosophers, and Native American philosophers are excluded from the American philosophy canon. To discover whether racism happens in the field of American philosophy, the writer surveys 15 American philosophy books written between the 1940s and the 2020s by various American writers, the whites and the non-whites. The writer (...) carries out an ‗index-study‘: scanning philosopher names in the index of each book, identifying and scrutinizing the names, listing and categorizing them into race categories, counting them, comparing the number of non-white philosophers and white philosophers mentioned in each book, putting them in a table, and interpreting why there is a disparity between the number of non-white and white philosophers included in the books. The survey result shows that racism happens in American philosophy; the writers of the 15 American philosophy books exclude an abundance of non-white philosophers. There is a critical need to write a new, post-national American philosophy book that does justice to non-white philosophers in the near future so that racism diminishes. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the (...) role of history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first (...) two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

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

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)

We reconstruct Kuhn’s philosophy of measurement and data paying special attention to what he calls the “fifth law of thermodynamics”. According to this "law," there will always be discrepancies between experimental results and scientists’ prior expectations. The history of experiments to determine the values of the fundamental constants offers a striking illustration of Kuhn’s fifth law of thermodynamics, with no experiment giving quite the expected result. We highlight the synergy between Kuhn’s view and the systematic project of iteratively determining (...) the value of physical constants, initiated by spectroscopist Raymond Birge, that was ongoing when Kuhn joined Berkeley in 1956. Our analysis sheds light on various underappreciated aspects of Kuhn’s thought, especially his notion of progress as improvement in measurement accuracy. (shrink)

Big History provides a unique opportunity to consider the development of the Universe as a single process. Within Big History studies one can distinguish some common evolutionary laws and principles. However, it is very important to recognize that there are many more such integrating principles, laws, mechanisms and patterns of evolution at all its levels than it is usually supposed. In the meantime, we can find the common traits in development, functioning, and interaction of apparently rather different processes (...) and phenomena of Big History. Of special importance is the point that many principles, patterns, regularities, and rules of evolution, which we tend to find relevant only for the biological and social levels of evolution, may be also applied to the cosmic phase of evolution. The present article attempts (within such a framework for the first time in the Big History framework) at combining Big History potential with the potential of Evolutionary Studies. It does not only analyze the history of the Cosmos. It studies similarities between evolutionary laws, principles, and mechanisms at various levels and phases of Big History. Such an approach opens up some new perspectives for our understanding of evolution and Big History, their driving forces, vectors, and trends; it creates a consolidated field for interdisciplinary research. (shrink)