Laws in Metaphysics
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Jurisprudence--Philosophy Or Science Henry Rottschaefer
University of Minnesota Law School Scholarship Repository Minnesota Law Review 1927 Jurisprudence--Philosophy or Science Henry Rottschaefer Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Rottschaefer, Henry, "Jurisprudence--Philosophy or Science" (1927). Minnesota Law Review. 1465. https://scholarship.law.umn.edu/mlr/1465 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW Journal of the State Bar Association VOLUI%1E 11 MARCH, 1927 No. 4 JURISPRUDENCE- PHILOSOPHY OR SCIENCE By HENRY ROTTSCHAEFER* T WOULD perhaps be practically impossible to secure for any definition of the term Jurisprudence any very general accep- tance. It is doubtful whether there exists even any general agree- ment as to what subjects are within its scope. The problem of whether, and in what sense, it is to be considered philosophy or science, cannot, however, be discussed without adopting at least some tentative notion of its meaning that shall serve as the basis for the discussion. This can be more effectively done by a general description of the types of problem usually dealt with in treatises and courses on Jurisprudence than by framing a logically correct definition that secured accuracy and completeness by resort to a convenient vagueness. Investigation discloses its use to denote lines of inquiry having little in common other than a professed interest in general questions and problems concerning law and justice. -
LAW and ENCHANTMENT: the PLACE of Belieft
University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 1987 Law and Enchantment: The lP ace of Belief Joseph Vining University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/1630 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Law and Philosophy Commons, and the Legal Profession Commons Recommended Citation Vining, Joseph. "Law and Enchantment: The lP ace of Belief." Mich. L. Rev. 86 (1987): 577-97. This Essay is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. ESSAYS LAW AND ENCHANTMENT: THE PLACE OF BELIEFt Joseph Vining* I. THE QUESTION The question I wish to raise is whether one must believe what one says when one makes a statement of law. The language of belief that we know, and from which moral discourse and the moral never stray far: do judges, lawyers, law participate in it? Any such question is but an aspect of a larger question, indeed issue, of what we may call the objectivity of legal language. It is raised perhaps most acutely by the broad claims now being made for artificial intelligence and in particular for the computer programming of legal advice (as a species of what is called, in that field of applied science, an "expert system"). -
Law and Ideology: Critical Explorations
LAW AND IDEOLOGY: CRITICAL EXPLORATIONS Rafał Mańko* Michał Stambulski** According to Polish legal theorist Marek Zirk-Sadowski, the philosophy of law as a discipline can be approached from two distinct directions: either from the direction moving ‘from law to philosophy’, whereby lawyers try to answer the fundamental questions of jurisprudence by theorising on the basis of legal experience, or, in the opposite direction, that is ‘from philosophy to law’, whereby a certain philosopher or philosophical school is ‘applied’ to the legal field.1 Within the second paradigm of legal philosophy, in recent years there has been a growing tendency to analyse the implications of postmodernism, posthumanism2, or postructuralism upon the legal domain. Specialised volumes analysing the potential inspiration that can be drawn by critical lawyers from the works of such philosophers as Althusser, Deleuze and Gattari, Lefebvre, Agamben have been recently published.3 Most recently, even a volume on Žižek and Law came out.4 This special edition of the Wrocław Review of Law, Administration and Economics brings together a number of papers in which Polish and foreign scholars, both emergent and established, approach the topic of the DOI: 10.1515/wrlae-2015-0019 * Ph.D. in law (University of Amsterdam); external fellow at the Centre for the Study of European Contract Law (CSECL), University of Amsterdam. The views expressed in this paper do not represent the position of any institution. ** Centre for Legal Education and Social Theory, Faculty of Law, Administration and Economics, University of Wrocław. 1 Marek Zirk-Sadowski, Wprowadzenie do filozofii prawa [An Introduction to the Philosophy of Law] (Warszawa, Wolters Kluwer 2011). -
7'Tie;T;E ~;&H ~ T,#T1tmftllsieotog
7'tie;T;e ~;&H ~ t,#t1tMftllSieotOg, UCLA VOLUME 3 1986 EDITORIAL BOARD Mark E. Forry Anne Rasmussen Daniel Atesh Sonneborn Jane Sugarman Elizabeth Tolbert The Pacific Review of Ethnomusicology is an annual publication of the UCLA Ethnomusicology Students Association and is funded in part by the UCLA Graduate Student Association. Single issues are available for $6.00 (individuals) or $8.00 (institutions). Please address correspondence to: Pacific Review of Ethnomusicology Department of Music Schoenberg Hall University of California Los Angeles, CA 90024 USA Standing orders and agencies receive a 20% discount. Subscribers residing outside the U.S.A., Canada, and Mexico, please add $2.00 per order. Orders are payable in US dollars. Copyright © 1986 by the Regents of the University of California VOLUME 3 1986 CONTENTS Articles Ethnomusicologists Vis-a-Vis the Fallacies of Contemporary Musical Life ........................................ Stephen Blum 1 Responses to Blum................. ....................................... 20 The Construction, Technique, and Image of the Central Javanese Rebab in Relation to its Role in the Gamelan ... ................... Colin Quigley 42 Research Models in Ethnomusicology Applied to the RadifPhenomenon in Iranian Classical Music........................ Hafez Modir 63 New Theory for Traditional Music in Banyumas, West Central Java ......... R. Anderson Sutton 79 An Ethnomusicological Index to The New Grove Dictionary of Music and Musicians, Part Two ............ Kenneth Culley 102 Review Irene V. Jackson. More Than Drumming: Essays on African and Afro-Latin American Music and Musicians ....................... Norman Weinstein 126 Briefly Noted Echology ..................................................................... 129 Contributors to this Issue From the Editors The third issue of the Pacific Review of Ethnomusicology continues the tradition of representing the diversity inherent in our field. -
Philosophy of Social Efficiency. John Deweys Complex Analyses of the Values of Science, Technology, and Democracy for Education in a Technological World Are Examined
DOCUMENT RESUME ED 051 002 08 SO 000 860 AUTHOR Wirth, Arthur G. TITLE The Vocational-Liberal Studies Controversy Between John Dewey and Others (1900-1917). Final Report. INSTITUTION Washington Univ., St. Louis, Mo. Graduate Inst. of Education. SPONS AGENCY Office of Education (DHEW), Washington. D.C. Bureau of Research. PUB DATE Sep 70 GRANT OEG -0 -8- 070305 -3662 (085) NOTE 349p.; Report will be published as Education in the Technological Society: The Vocational-Liberal Studies Controversy (1900-1917), International Textbook Co., 1972 EDRS PRICE EDRS Price MF-$0.65 HC-$13.16 DESCRIPTORS Comprehensive High Schools, Democratic Values, *Educatfonal Change, *Educational History, *Educational Philosophy, Educational Policy, Educational Sociology, General Education, *Industrialization, Occupational Guidance, Political Influences, Public Education, School Community Relationship, Social Change, Social Values, Socioeconomic influences, *Vocational Education IDENTIFIERS *Dewey (John) ABSTRACT The present study looks at an example of institutional change directly resulting from the industrialization process --the industrial or vocational education movement. The thesis of this study is that an understanding of the debate over how schools should adapt to industrialization will reveal the nature of basic value choices which the American people were forced to face under the pressures of adjusting to technology. Part I examines some of the origins of educational changes related to the industrialization. Next the responses of selected interest groups are considered: business, as represented by the National Association of Manufacturers; the American Federation of Labor; liberal urban reform forces of the progressive era; and, the formation of typical progressive pressure group--the National Society for the Promotion of Industrial Education (NSPIE), which worked to promote school reform programs at state and national levels. -
Kant on Obligation and Motivation in Law and Ethics
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications - Department of Philosophy Philosophy, Department of 1994 Kant on Obligation and Motivation in Law and Ethics Nelson T. Potter Jr. University of Nebraska - Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/philosfacpub Part of the Continental Philosophy Commons, Ethics and Political Philosophy Commons, Legal Ethics and Professional Responsibility Commons, and the Legal History Commons Potter, Nelson T. Jr., "Kant on Obligation and Motivation in Law and Ethics" (1994). Faculty Publications - Department of Philosophy. 15. https://digitalcommons.unl.edu/philosfacpub/15 This Article is brought to you for free and open access by the Philosophy, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Faculty Publications - Department of Philosophy by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Potter in Jarbuch für Recht und Ethik (1994) 2. Copyright 1994, Friedrich-Alexander-Universität Erlangen-Nürnberg. Used by permission. Kant on Obligation and Motivation in Law and Ethics Nelson Potter I. There is a passage in Immanuel Kant's general introduction to both parts of Die Metaphysik der Sitten that deserves more attention than it has received. I plan to build the present paper around the implil:ations of this passage: In all lawgiving (Gesetzgebung) (whether it prescribes for internal or external actions, and whether it prescribes them a priori by reason alone or by the choice of another) there are two elements: first, a law, which represents an action that is to be done as objectively necessary, that is, which makes the action a duty; and second, an incentive, which connects a ground for determining choice to this action subjectively with the representation of the law. -
Descartes and Spinoza
OUP UNCORRECTED PROOF – FIRSTPROOFS, Thu Dec 29 2016, NEWGEN 229 chapter nine Descartes and Spinoza Two Approaches to Embodiment Alison Peterman 1. Introduction Descartes1 (1596– 1650) and Spinoza (1632– 1677) each gave us interest- ing and infuential approaches to answering what I’ll call “embodiment question”: what is the relationship between a mind and its body— the one that it seems to inhabit, feel, control or otherwise be uniquely involved with?2 In Spinoza we fnd (at least) three diferent answers, the ingenuity of all of which is attested to by their long reception in the philosophical tradition. Descartes was an important infuence on Spinoza, but on many others, too, ushering in the era of the “mind- body 1 I am grateful to Colin Chamberlain, Michael Della Rocca, Keota Fields, Kristin Primus, and Alison Simmons for discussion, and also to the other contributors to this volume. 2 Tis question is broader than one than one about the constitutive or essential relationship between a mind and its body. 229 02_acprof-9780190490447_Ch7-11.indd 229 12/29/2016 2:13:15 AM OUP UNCORRECTED PROOF – FIRSTPROOFS, Thu Dec 29 2016, NEWGEN 230 230 Embodiment problem” in the form that many philosophers still grapple with. Here, I’ll by no means attempt a comprehensive treatment of their contribu- tions. Instead I will try to uncover an unnoticed similarity between the two, and apply it to understanding the coherence of Spinoza’s account of embodiment. I’ll argue that Descartes and Spinoza both approach the embodiment question in two diferent ways: one approach starts with some metaphysical commitments about the kinds of entities, properties, and interactions there are in the world, and the other starts by attending to the experience of an embodied subject. -
Descartes' Hostages: Mind and Observability in Education
Descartes’ Hostages: Mind and Observability in Education by Shannon Rodgers B.A. (Hon.), Simon Fraser University, 1994 Thesis Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy In the Curriculum Theory & Implementation: Philosophy of Education Program Faculty of Education © Shannon Rodgers 2017 SIMON FRASER UNIVERSITY Summer 2017 Copyright in this work rests with the author. Please ensure that any reproduction or re-use is done in accordance with the relevant national copyright legislation. Approval Name: Shannon Rodgers Degree: Doctor of Philosophy Title: Descartes’ Hostages: Mind and Observability in Education Examining Committee: Chair: Dr. Stephen Smith Teaching Professor Dr. Charles Bingham Senior Supervisor Professor ___________________________________________ Dr. Heesoon Bai Supervisor Professor ___________________________________________ Dr. Sean Blenkinsop Supervisor Assistant Professor ___________________________________________ Dr. Allan MacKinnon Internal Examiner Associate Professor ___________________________________________ Dr. Taylor Webb External Examiner Associate Professor Dept. of Educational Studies University of British Columbia ___________________________________________ Date Defended/Approved: June 14th, 2017 ii Ethics Statement iii Abstract My purpose in this dissertation is to argue that given the relationship among the concepts of mind, knowledge, education and assessment, educators must pay more attention to our current view of mind. Educators use assessment practices, -
George Spencer-Brown's Laws of Form Fifty Years On
MATHEMATICS TEACHING RESEARCH JOURNAL 161 Special Issue on Philosophy of Mathematics Education Summer 2020 Vol 12 no 2 George Spencer-Brown’s laws of form fifty years on: why we should be giving it more attention in mathematics education Steven Watson University of Cambridge Abstract: George Spencer-Brown’s Laws of Forms was first published in 1969. In the fifty years since its publication, it has influenced mathematicians, scientists, philosophers, and sociologists. Its influence on mathematics education has been negligible. In this paper, I present a brief introduction to the theory and its philosophical underpinnings. And I set out an argument why Laws of Form should be given more attention in mathematics education. Introduction Last year (2019) marked the 50th anniversary of the publication of Laws of Form (LoF), written by George Spencer-Brown (1969). Bertrand Russell described Laws of Form as, “a calculus of great power and simplicity. Not since Euclid’s Elements have we seen anything like it” (Homes, 2016). Heinz von Foerster, pioneer of second order cybernetics, offered no reserve in his praise for Spencer-Brown’s Laws of Form. The laws of form have finally been written! With a "Spencer-Brown" transistorized power razor (a Twentieth Century model of Occam's razor) G. Spencer-Brown cuts smoothly through two millennia of growth of the most prolific and persistent of semantic weeds, presenting us with his superbly written Laws of Form. This Herculean task which now, in retrospect, is of profound simplicity rests on his discovery of the form of laws. Laws are not descriptions, they are commands, injunctions: "Do!" Thus the first constructive proposition in this book (page 3) is the injunction: "Draw a distinction!" an exhortation to perform the primordial creative act (von Foerster, 1971, p. -
FORM and SUBSTANCE in PRIVATE LAW ADJUDICATION + Duncan Kennedy *
FORM AND SUBSTANCE IN PRIVATE LAW ADJUDICATION + Duncan Kennedy * This article is an inquiry into the nature and interconnection of the different rhetorical modes found in American private law opinions, articles and treatises. I argue that there are two opposed rhetorical modes for dealing with substantive issues, which I will call individualism and altruism. There are also two opposed modes for dealing with questions of the form in which legal solutions to the substantive problems should be cast. One formal mode favors the use of clearly defined, highly administrable, general rules; the other supports the use of equitable standards producing ad hoc decisions with relatively little precedential value. My purpose is the rational vindication of two common intuitions about these arguments as they apply to private law disputes in which the validity of legislation is not in question. The first is that altruist views on substantive private law issues lead to willingness to resort to standards in administration, while individualism seems to harmonize with an insistence on rigid rules rigidly applied. The second is that substantive and formal conflict in private law cannot be reduced to disagreement about how to apply some neutral calculus that will "maximize the total satisfactions of valid human wants."1 The opposed rhetorical modes lawyers use reflect a deeper level of contradiction. At this deeper level, we are divided, among ourselves and also within ourselves, between irreconcilable visions of humanity and society, and between radically different aspirations for our common future. The discussion proceeds as follows. Sections I and II address the problem of the choice between rules and standards as the form for legal directives, collecting and organizing the wide variety of arguments that have been found persuasive in different areas of legal study. -
Law and Belief in Three Revolutions
Valparaiso University Law Review Volume 18 Number 3 Spring 1984 pp.569-629 Spring 1984 Law and Belief in Three Revolutions Harold J. Berman Follow this and additional works at: https://scholar.valpo.edu/vulr Part of the Law Commons Recommended Citation Harold J. Berman, Law and Belief in Three Revolutions, 18 Val. U. L. Rev. 569 (1984). Available at: https://scholar.valpo.edu/vulr/vol18/iss3/1 This Seegers Lecture is brought to you for free and open access by the Valparaiso University Law School at ValpoScholar. It has been accepted for inclusion in Valparaiso University Law Review by an authorized administrator of ValpoScholar. For more information, please contact a ValpoScholar staff member at [email protected]. Berman: Law and Belief in Three Revolutions ValparaisoUniversity Law Review Volume 18 Summer 1984 Number 3 LAW AND BELIEF IN THREE REVOLUTIONS* HAROLD J. BERMAN** I. GENERAL INTRODUCTION ........................... 569 II. THE LUTHERAN REFORMATION AND GERMAN LAW . 572 III. THE PURITAN REVOLUTION AND ENGLISH LAW .... 590 IV. THE ENLIGHTENMENT, THE FRENCH REVOLUTION, AND THE NAPOLEONIC CODES .......................... 613 I. GENERAL INTRODUCTION Periodically in the history of the West there have occurred revolutionary changes in the predominant system of beliefs held by the people of a given country or countries. Thus in the early sixteenth century the rise of Protestantism, especially in its Lutheran form, reflected a major shift in the belief system of most persons-not only of Protestants -living in the numerous polities that then made up the German Empire. Some four generations later, in the mid-seventeenth century, various Calvinist and neo-Calvinist beliefs became predomi- nant in English social life, espoused not only by Puritans and other so-called Non-Conformists but also by many who remained loyal to Anglicanism. -
Law and Morality: a Kantian Perspective
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 1987 Law and Morality: A Kantian Perspective George P. Fletcher Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Jurisprudence Commons, and the Law and Philosophy Commons Recommended Citation George P. Fletcher, Law and Morality: A Kantian Perspective, 87 COLUM. L. REV. 533 (1987). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1071 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. LAW AND MORALITY: A KANTIAN PERSPECTIVE George P. Fletcher* The relationship between law and morality has emerged as the cen- tral question in the jurisprudential reflection of our time. Those who call themselves positivists hold with H.L.A. Hart' that calling a statute or a judicial decision "law" need not carry any implications about the morality of that statute or decision.2 Valid laws might be immoral or unjust. Those who resist this reduction of law to valid enactments sometimes argue, with Lon Fuller, that moral acceptability is a neces- sary condition for holding that a statute is law; 3 or, with Ronald Dworkin, that moral principles supplement valid enactments as compo- 4 nents of the law. Whether the positivists or their "moralist" opponents are right about the nature of law, all seem to agree about the nature of morality. We have to distinguish, it is commonly said, between conventional and critical morality.