Results for 'therapeutic jurisprudence'

312 found
Order:
  1. Reflections on the Connection of Virtue Ethics to Therapeutic Jurisprudence.Adrian Evans & Michael King - 2012 - University of New South Wales Law Journal 35 (3):717-746.
    Therapeutic Jurisprudence (‘TJ’) and virtue ethics are major parallel forces for good in legal practice. Both seek to understand and mediate frailness in human behaviour and explain why such ‘goodness’ is important for lawyers and their clients. But while a TJ practitioner and a virtue ethicist are often in agreement, they are fraternal rather than identical twins. This paper is addressed to those practising lawyers for whom TJ may become a central motivation to practice law, by reflecting on (...)
    Download  
     
    Export citation  
     
    Bookmark  
  2. Yurisprudensi Terapeutik: Peran Integratif Psikologi Dalam Proses Hukum Untuk Melayani Kesejahteraan Pribadi (Well-Being) Klien Hukum. Juneman - 2008 - Jurnal Kajian Ilmiah Universitas Bhayangkara Jakarta Raya 9 (3):908-922.
    Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
    Download  
     
    Export citation  
     
    Bookmark  
  4.  97
    Experimental Jurisprudence.Kevin Tobia - 2022 - University of Chicago Law Review 89:735-802.
    “Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  5. Therapeutic Arguments, Spiritual Exercises, or the Care of the Self. Martha Nussbaum, Pierre Hadot and Michel Foucault on Ancient Philosophy.Konrad Banicki - 2015 - Ethical Perspectives 22 (4):601-634.
    The practical aspect of ancient philosophy has been recently made a focus of renewed metaphilosophical investigation. After a brief presentation of three accounts of this kind developed by Martha Nussbaum, Pierre Hadot, and Michel Foucault, the model of the therapeutic argument developed by Nussbaum is called into question from the perspectives offered by her French colleagues, who emphasize spiritual exercise (Hadot) or the care of the self (Foucault). The ways in which the account of Nussbaum can be defended are (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  6.  17
    Gibt es einen therapeutischen Imperativ zum genome editing in der menschlichen Keimbahn? [Is there a therapeutic imperative for editing the human germline genome? / Existe-t-il un impératif thérapeutique à l'édition du génome dans la lignée germinale humaine].Karla Alex & Christoph Rehmann-Sutter - 2022 - URPP Human Reproduction Reloaded | H2R (University of Zurich), Working Paper Series, 05/2022. Zurich and Geneva: Seismo 1 (5):1-21.
    Abstract: This working paper focuses on the question whether there is a therapeutic imperative that, in specific situations, would oblige us to perform genome editing at the germline level in the context of assisted reproduction. The answer to this central question is discussed primarily with reference to specific scenarios where preimplantation genetic diagnosis (PGD) does not represent an acceptable alternative to germline genome editing based on either medical, or ethical, or – from the perspective of the potential parents – (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  7.  75
    The Jurisprudence of Universal Subjectivity: COVID-19, Vulnerability and Housing.Kevin Jobe - 2021 - International Journal of Discrimination and the Law 21 (3):254-271.
    Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8.  43
    Genealogy and Jurisprudence in Fichte’s Genetic Deduction of the Categories.G. Anthony Bruno - 2018 - History of Philosophy Quarterly 35 (1):77-96.
    Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  9. Analytical Jurisprudence and the Concept of Commercial Law.John Linarelli - 2009 - Penn State Law Review 114 (1):119-215.
    Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10. Paraphysical Jurisprudent Massacre Mediation.L. Amoroso Richard - 2015 - Journal of Consciousness Exploration and Research 7 (1):18-36.
    It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. Mindfulness and the Therapeutic Function of Education.Terry Hyland - 2009 - Journal of Philosophy of Education 43 (1):119-131.
    Although it has been given qualified approval by a number of philosophers of education, the so-called ‘therapeutic turn’ in education has been the subject of criticism by several commentators on post-compulsory and adult learning over the last few years. A key feature of this alleged development in recent educational policy is said to be the replacement of the traditional goals of knowledge and understanding with personal and social objectives concerned with enhancing and developing confidence and self-esteem in learners. After (...)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  12. Fictionalising Jurisprudence: An Introduction to Strong Legal Fictionalism.David Gawthorne - 2013 - Australian Journal of Legal Philosophy 38:52-73.
    The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13. A Taxonomy of Multinational Ethical and Methodological Standards for Clinical Trials of Therapeutic Interventions.C. M. Ashton, N. P. Wray, A. F. Jarman, J. M. Kolman, D. M. Wenner & B. A. Brody - 2011 - Journal of Medical Ethics 37 (6):368-373.
    Background If trials of therapeutic interventions are to serve society's interests, they must be of high methodological quality and must satisfy moral commitments to human subjects. The authors set out to develop a clinical - trials compendium in which standards for the ethical treatment of human subjects are integrated with standards for research methods. Methods The authors rank-ordered the world's nations and chose the 31 with >700 active trials as of 24 July 2008. Governmental and other authoritative entities of (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  14.  43
    Dancing-with Cognitive Science: Three Therapeutic Provocations.Joshua M. Hall - forthcoming - Middle Voices.
    According to the “Embodied Cognition” entry in the Stanford Encyclopedia of Philosophy, the three landmark texts in the 4E cognitive science tradition are Lakoff and Johnson’s Metaphors We Live By, Varela, Thompson, and Rosch’s The Embodied Mind, and Andy Clark’s Being There. In my first section, I offer a phenomenological interpretation of these three texts, identifying recuring affirmations of the figure of dance alongside explicit marginalization of the practice of dance, perhaps in part due to cognitive science’s overemphasis on cognition (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  15. Hobbes’s Third Jurisprudence: Legal Pragmatism and the Dualist Menace.Benjamin L. S. Nelson - 2020 - Canadian Journal of Law and Jurisprudence 33 (1).
    This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16. Realism and Jurisprudence a Contemporary Assessment, A Book Review of Brian Z. Tamanaha's A Realistic Theory of Law. [REVIEW]Kevin Lee - forthcoming - Golden Gate University Law Review.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17. Structural Realism and Jurisprudence.Kevin Lee - 2017 - Legal Issues Journal 5 (2).
    Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...)
    Download  
     
    Export citation  
     
    Bookmark  
  18.  28
    Personality and Authenticity in Light of the Memory-Modifying Potential of Optogenetics: A Reply to Objections About Potential Therapeutic Applicability of Optogenetics.Agnieszka K. Adamczyk & Przemysław Zawadzki - 2021 - American Journal of Bioethics Neuroscience 1 (12).
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  19. Power as Control and the Therapeutic Effects of Hegel’s Logic.Christopher Yeomans - 2015 - Hegel Bulletin 36 (1):33-52.
    Rather than approaching the question of the constructive or therapeutic character of Hegel’s Logic through a global consideration of its argument and its relation to the rest of Hegel’s system, I want to come at the question by considering a specific thread that runs through the argument of the Logic, namely the question of the proper understanding of power or control. What I want to try to show is that there is a close connection between therapeutic and constructive (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  20.  44
    Reproductive Genome Editing Interventions Are Therapeutic, Sometimes.César Palacios-González - 2021 - Bioethics 35 (6):557-562.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  21. Jurisprudence of Intellectual Property Rights.Pooja Parashar - 2019 - International Journal of Academic Multidisciplinary Research (IJAMR) 3 (4):2-9.
    Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.
    Download  
     
    Export citation  
     
    Bookmark  
  22. The Pragmatist School in Analytic Jurisprudence.Raff Donelson - 2021 - Philosophical Issues 31 (1):66-84.
    Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...)
    Download  
     
    Export citation  
     
    Bookmark  
  23. 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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  24.  45
    The Clinical Stance and the Nurturing Stance: Therapeutic Responses to Harmful Conduct by Service Users in Mental Healthcare.Daphne Brandenburg & Derek Strijbos - 2020 - Philosophy, Psychiatry, and Psychology 27 (4):379-394.
    Abstract: In this article, we explore what are ethical forms of holding service users responsible in mental health care contexts. Hanna Pickard has provided an account of how service users should be held responsible for morally wrong or seriously harmful conduct within contexts of mental health care, called the clinical stance. From a clinical stance one holds a person responsible for harm, but refrains from emotionally blaming the person and only considers the person responsible for this conduct in a detached (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  25. REVIEW OF MUSIC AND ITS THERAPEUTICS W.S.R. AYURVEDIC CLASSICS (BRIHATRAYEE.Dr Devanand Upadhyay - 2016 - Indian Journal of Agriculture and Allied Sciences 2 (1):114-118.
    Ayurveda is the science of living being. With the aim of health and procurement of disease it almost covers all facets of life. It includes health of an individual at physical, mental, spiritual, social level. Ayurvedic classics includes brihatrayee samhita like Charak, Sushruta and Ashtanga Hridaya. A review based study of music (geet, sangeet) was done in these classics to explore whether these classics includes any form of music as therapy or not. Based on review of these classics it was (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26.  75
    Ко су били Терапеути у Vita Contemplativa Филона Александријског? (Who were the Therapeuts in Philo’s De Vita Contemplativa?).Aleksandar Djakovac - 2019 - Theological Views 52 (3):601-618.
    In contemporary research, the prevailing view is that the Therapeuts, of which Philo of Alexandria writes in Vita Contemplativa, were a Jewish group or sect. There is also an opinion that Therapeuts are the product of Philo’s utopian fantasy. In both cases, the report of Eusebius of Caesarea in the Church history is dismissed as unfounded. In this paper, we will outline the reasons why we believe that Eusebius’s view cannot be rejected as unfounded, and that it is more convincing (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  27. Constructed and Wild Conceptual Necessities in Contemporary Jurisprudence.Stefan Sciaraffa - 2015 - Jurisprudence 6 (2):391-406.
    Download  
     
    Export citation  
     
    Bookmark  
  28. Conflicts Among Multinational Ethical and Scientific Standards for Clinical Trials of Therapeutic Interventions.Jacob M. Kolman, Nelda P. Wray, Carol M. Ashton, Danielle M. Wenner, Anna F. Jarman & Baruch A. Brody - 2012 - Journal of Law, Medicine and Ethics 40 (1):99-121.
    There has been a growing concern over establishing norms that ensure the ethically acceptable and scientifically sound conduct of clinical trials. Among the leading norms internationally are the World Medical Association's Declaration of Helsinki, guidelines by the Council for International Organizations of Medical Sciences, the International Conference on Harmonization's standards for industry, and the CONSORT group's reporting norms, in addition to the influential U.S. Federal Common Rule, Food and Drug Administration's body of regulations, and information sheets by the Department of (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  29.  51
    Reconstructing the Legacy of Pragmatist Jurisprudence.Shane J. Ralston - 2012 - Pragmatism Today 3 (1):58-66.
    In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in mind (...)
    Download  
     
    Export citation  
     
    Bookmark  
  30. Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.
    This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31.  69
    Utility, Universality, and Impartiality in Adam Smith’s Jurisprudence.S. M. Amadae - 2008 - The Adam Smith Review 4:238-246.
    This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. A Sporting Dilemma and its Jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  33.  11
    Il 'Good Government' in Adam Smith: tra Jurisprudence, Political Œconomy e Theory of Moral Sentiments.Paolo Silvestri - 2012 - Teoria E Critica Della Regolazione Sociale 2012:1-30.
    In this essay I intend to analyze the issue of good government in the works of Adam Smith, the importance of which seems to have not received due attention. The reconstruction is driven by three hermeneutical hypotheses concerning the role played by the idea of good government in the development of Smith's speculation: 1) the «good government» has a synthetic character, holding together the different aspects – moral, legal, economic and political – of his reflection; 2) it emerges against the (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  34. From Totem and Taboo to Psychoanalytic Jurisprudence.José Brunner - 2000 - In M. Levine (ed.), The Analytic Freud. Routledge. pp. 277.
    This essays argues that Freud’s vision of the rule of law may be worthwhile pondering by legal scholars. It can heighten awareness of its unconscious dimensions and point to a variety of ways in which the law functions as part of culture or civilization, rather than as a system with its own rules. The first two parts of the essay seek to reconstruct Freud’s notion of the rule of law as a dialectical or paradoxical civilizatory force, restraining the passions even (...)
    Download  
     
    Export citation  
     
    Bookmark  
  35. What Impact - If Any - Does Working Outdoors Have on the Therapeutic Relationship?Adrian Harris - 2018 - European Journal of Ecopsychology 6:23 - 46.
    This research investigated therapist's experiences of how working outdoors in nature impacts on the therapeutic relationship. Although outdoor therapy has emerged as a significant practice (McLeod, 2013; Mind, 2013), very little research had been done on what impact it might have on the therapeutic relationship. Given the importance of the therapeutic relationship (Norcross, 2011), this was identified as an area worth investigating.
    Download  
     
    Export citation  
     
    Bookmark  
  36. For the Benefit of Another: Children, Moral Decency, and Non-Therapeutic Medical Procedures.Robert Noggle - 2013 - HEC Forum 25 (4):289-310.
    Parents are usually appreciated as possessing legitimate moral authority to compel children to make at least modest sacrifices in the service of widely shared values of moral decency. This essay argues that such authority justifies allowing parents to authorize a child to serve as an organ or tissue donor in certain circumstances, such as to authorize bone marrow donations to save a sibling with whom the potential donor shares a deep emotional bond. The approach explored here suggests, however, that at (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Lorna Collins. Making Sense: Art Practice and Transformative Therapeutics. [REVIEW]Adam Haaga - 2017 - Derrida Today 10 (1):110-116.
    Download  
     
    Export citation  
     
    Bookmark  
  38. Certainty, Laws and Facts in Francis Bacon’s Jurisprudence.Silvia Manzo - 2014 - Intellectual History Review 24 (4):457-478.
    Download  
     
    Export citation  
     
    Bookmark  
  39.  15
    Study of Representations of the Causes of Covid 19 Epidemic and its Impact on the Representations of Therapeutic Itinerary on a Sample of Algerian Society.Kouider Benahmed, Aicha Fouatih & Malika Khodja - 2020 - Journal Index of Exploratory Studies 1 (2):229-237.
    This research paper aims to study the cultural representations of the causes of corona pandemic (Covid 19) on the representations of the therapeutic itinerary on an among sample of Algerian society. These representations reveal the inter-relationship between the medical and the cultural representations through beliefs, ideas, and behaviors . Within this context, we applied EMIC questionnaire (The Explanatory Model Interview Catalogue). (MITCHELL G. WEISS, 1992) We used an online form in which a sample of 70 individuals (M, F), aged (...)
    Download  
     
    Export citation  
     
    Bookmark  
  40. The Ethics of Child Participation in Significantly Risky Non-Therapeutic Research.Tom Burns - manuscript
    The principles which can justify significantly risky nontherapeutic research on children are a combination of: (1) direct or indirect benefits to the child participants now and/or in the future (and these benefits need not necessarily be medical, they can also be socioeconomic or otherwise non-medical); (2) a high standard of informed consent that fundamentally focuses on the child participant's understanding (and capacity for understanding) of relevant features of informed consent. Researchers, parents and guardians, as well as child participants themselves, have (...)
    Download  
     
    Export citation  
     
    Bookmark  
  41. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  42. Therapie statt Theorie. Das Big Typescript als Schluessel zu Wittgensteins spaeter Philosophieauffassung.Eugen Fischer - 2006 - In Stefan Majetschak (ed.), Wittgensteins "grosse Maschinenschrift". Lang. pp. 31-59.
    The paper clarifies therapeutic ideas about philosophical method which Wittgenstein puts forward in his "Big Typescript". It does so by analysing how Wittgenstein treats the question 'What is meaning?', in that part of the same work from which the opening sections of his "Philosophical Investigations" derive. On this basis, the paper explains why Wittgenstein set himself a therapeutic goal, why this is reasonable, and how he sought to attain that goal without 'pronouncing new truths about the subject of (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  43. Respect for Persons.Joseph Millum & Danielle Bromwich - 2020 - The Oxford Handbook of Research Ethics.
    This chapter explores the foundation and content of the duty to respect persons. The authors argue that it is best understood as a duty to recognize people’s rights. Respect for persons therefore has specific implications for how competent and non-competent persons ought to be treated in research. For competent persons it underlies the obligation to obtain consent to many research procedures. The chapter gives an analysis of the requirements for obtaining valid consent. It then considers respect for persons as it (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  44. Wittgensteinian 'Therapy', Experimental Philosophy, and Metaphilosophical Naturalism.Eugen Fischer - 2018 - In Kevin Cahill & Thomas Raleigh (eds.), Wittgenstein and Naturalism. New York, USA: Routledge. pp. 260-286.
    An important strand of current experimental philosophy promotes a new kind of methodological naturalism. This chapter argues that this new ‘metaphilosophical naturalism’ is fundamentally consistent with key tenets of Wittgenstein’s metaphilosophy, and can provide empirical foundations for therapeutic conceptions of philosophy. Metaphilosophical naturalism invites us to contribute to the resolution of philosophical problems about X by turning to scientific findings about the way we think about X – in general or when doing philosophy. This new naturalism encourages us to (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  45. Ar-Risalah Imam Syafi'i.Zainul Maarif - 2018 - Jakarta, Indonesia: Turos Pustaka.
    Imam Syafi'i is the leader of Syafi'ism in Sunni Islam law, who wrote Ar-Risalah as the first book on Islamic jurisprudence (Islamic philosophy of law). Majority of Muslim in Indonesia is the follower of his thought. Therefore, his book is translated into bahasa Indonesia and commented philosophically.
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  46. David Hume and the Common Law of England.Neil McArthur - 2005 - Journal of Scottish Philosophy 3 (1):67-82.
    David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47.  48
    Political Liberalism and the False Neutrality Objection.Étienne Brown - 2020 - Critical Review of International Social and Political Philosophy 23 (7):874-893.
    One central objection to philosophical defences of liberal neutrality is that many neutrally justified laws and policies are nonetheless discriminatory as they unilaterally impose costs or confer unearned privileges on the bearers of a particular conception of the good. Call this the false neutrality objection. While liberal neutralists seldom consider this objection to be a serious allegation, and often claim that it rests on a misunderstanding, I argue that it is a serious challenge for proponents of justificatory neutrality. Indeed, a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48. Equipping Police with Naloxone Spray and Decriminalizing All Opioid Use in the U.S.: An Ethical Analysis.Marvin J. H. Lee - 2018 - Journal of Healthcare Ethics and Administration 4 (2):17-25.
    The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities of police as (...)
    Download  
     
    Export citation  
     
    Bookmark  
  49.  23
    Pyrrhonian Reflections: A Sceptical Inquiry Into Philosophical Counselling.Jaco Louw - 2021 - Dissertation, Stellenbosch University
    Philosophical counselling is generally understood as the discussion or resolution of everyday problems with the help of philosophy. However, few agree on this definition. This leads to a crisis of definition for philosophical counselling which in turn causes practical problems regarding, inter alia, the teaching of future philosophical counsellors, the question of method, and the potential scope of philosophical counselling. I identify in this study a prevalent therapeutic thesis on the nature of philosophical counselling which ties together some of (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50. The Principle of Totality and the Limits of Enhancement.Joshua Schulz - 2015 - Ethics and Medicine 31 (3):143-57.
    According to the Thomistic tradition, the Principle of Totality (TPoT) articulates a secondary principle of natural law which guides the exercise of human ownership or dominium over creation. In its general signification, TPoT is a principle of distributive justice determining the right ordering of wholes to their parts. In the medical field it is traditionally understood as entailing an absolute prohibition of bodily mutilation as irrational and immoral, and an imperfect obligation to use the parts of one’s body for the (...)
    Download  
     
    Export citation  
     
    Bookmark  
1 — 50 / 312