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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. -
The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, Report Was Prepared by the World Justice Project
World Justice .:�=; Project World Justice Project ® Rule of Law Index 2020 The World Justice Project Rule The World Justice Project of Law Index® 2020 The World Justice Project (WJP) Rule of Law Index® 2020 Board of Directors: Sheikha Abdulla Al-Misnad, report was prepared by the World Justice Project. Kamel Ayadi, William C. Hubbard, Hassan Bubacar The Index’s conceptual framework and methodology Jallow, Suet-Fern Lee, Mondli Makhanya, Margaret were developed by Juan Carlos Botero, Mark David McKeown, William H. Neukom, John Nery, Ellen Agrast, and Alejandro Ponce. Data collection and Gracie Northfleet, James R. Silkenat and Petar Stoyanov. analysis for the 2020 report was performed by Lindsey Bock, Erin Campbell, Alicia Evangelides, Emma Frerichs, Directors Emeritus: President Dr. Ashraf Ghani Ahmadzai Joshua Fuller, Amy Gryskiewicz, Camilo Gutiérrez Patiño, Matthew Harman, Alexa Hopkins, Ayyub Officers: Mark D. Agrast, Vice President; Deborah Ibrahim, Sarah Chamness Long, Rachel L. Martin, Jorge Enix-Ross, Vice President; Nancy Ward, Vice A. Morales, Alejandro Ponce, Natalia Rodríguez President; William C. Hubbard, Chairman of the Cajamarca, Leslie Solís Saravia, Rebecca Silvas, and Board; Gerold W. Libby, General Counsel and Adriana Stephan, with the assistance of Claudia Secretary; William H. Neukom, Founder and CEO; Bobadilla, Gabriel Hearn-Desautels, Maura McCrary, James R. Silkenat, Director and Treasurer. Emma Poplack, and Francesca Tinucci. The report was produced under the executive direction of Elizabeth Executive Director: Elizabeth Andersen Andersen. Chief Research Officer: Alejandro Ponce Lead graphic designer for this report was Priyanka Khosla, with assistance from Courtney Babcock. The WJP Rule of Law Index 2020 report was made possible by the generous supporters of the work of the Lead website designer was Pitch Interactive, with World Justice Project listed in this report on page 203. -
Humility, Justice, Goodness
SANTA MARGARITA CATHOLIC HIGH SCHOOL strives to bring the nurturing charism of Caritas Christi – the love of Christ – to our community of faith and learning. In the 17th century, Jesus revealed a vision of His Sacred Heart to St. Margaret Mary Alacoque, the patroness of our school. It is the heart of Jesus that impels us to live Caritas Christi. By embodying Gospel values we can be the heart of Christ in the world today. OUR CORE PRINCIPLES To live CARITAS CHRISTI is to be a person of: COMPASSION, who ACTS and SPEAKS with concern for others. “Do nothing from selfishness; rather, humbly regard others as more important than yourselves.” - Philippians 2:3 • Affirm the inherent value and dignity of each person • Be present to another’s needs • Forgive another, as you would want to be forgiven HUMILITY, who UNDERSTANDS themselves in relationship to God. “The Son of Man came not to be served but to serve.” – Mark 1:45 • Express gratitude to God for life’s many gifts • Engage life as a “We” rather than a “Me” person • Use one’s gifts in service to others JUSTIC E, who RESPECTS and ADVOCATES for the dignity of ALL PEOPLE and CREATION. “Blessed are those who do what is right, whose deeds are always just.” – Psalm 106:3 • Give generously without expecting something in return • Speak and act truefully in all circumstances • Seek and promote the well-being of others GOODNESS, who reflects the image of God in THOUGHT, WORD and ACTION. “You have been told what is good, and what the Lord requires of you: Only to do justice and to love goodness, and to walk humbly with your God.” – Micah 6:8 • Develop and demonstrate moral character that reflects the virtues of Christ • Encourage one another and build one another up • Accompany each other on life’s spiritual journey . -
Treatise of Human Nature Book III: Morals
Treatise of Human Nature Book III: Morals David Hume 1740 Copyright © Jonathan Bennett 2017. All rights reserved [Brackets] enclose editorial explanations. Small ·dots· enclose material that has been added, but can be read as though it were part of the original text. Occasional •bullets, and also indenting of passages that are not quotations, are meant as aids to grasping the structure of a sentence or a thought. Every four-point ellipsis . indicates the omission of a brief passage that seems to present more difficulty than it is worth. Longer omissions are described, between brackets, in normal-sized type. First launched: October 2008 Contents Part i: Virtue and vice in general 234 1: Moral distinctions aren’t derived from reason.......................................... 234 2: Moral distinctions are derived from a moral sense...................................... 242 Part ii: Justice and injustice 246 1: Justice natural or artificial?................................................... 246 2: The origin of justice and property................................................ 250 3: The rules that settle who owns what.............................................. 260 4: The transference of property by consent............................................ 266 5: The obligation of promises..................................................... 267 6: Further thoughts about justice and injustice......................................... 272 Treatise III David Hume 7: The origin of government..................................................... 275 -
Public Goods in Everyday Life
Public Goods in Everyday Life By June Sekera A GDAE Teaching Module on Social and Environmental Issues in Economics Global Development And Environment Institute Tufts University Medford, MA 02155 http://ase.tufts.edu/gdae Copyright © June Sekera Reproduced by permission. Copyright release is hereby granted for instructors to copy this module for instructional purposes. Students may also download the reading directly from https://ase.tufts.edu/gdae Comments and feedback from course use are welcomed: Global Development And Environment Institute Tufts University Somerville, MA 02144 http://ase.tufts.edu/gdae E-mail: [email protected] PUBLIC GOODS IN EVERYDAY LIFE “The history of civilization is a history of public goods... The more complex the civilization the greater the number of public goods that needed to be provided. Ours is far and away the most complex civilization humanity has ever developed. So its need for public goods – and goods with public goods aspects, such as education and health – is extraordinarily large. The institutions that have historically provided public goods are states. But it is unclear whether today’s states can – or will be allowed to – provide the goods we now demand.”1 -Martin Wolf, Financial Times 1 Martin Wolf, “The World’s Hunger for Public Goods”, Financial Times, January 24, 2012. 2 PUBLIC GOODS IN EVERYDAY LIFE TABLE OF CONTENTS 1. INTRODUCTION .........................................................................................................4 1.1 TEACHING OBJECTIVES: ..................................................................................................................... -
A Critique of John Stuart Mill Chris Daly
Southern Illinois University Carbondale OpenSIUC Honors Theses University Honors Program 5-2002 The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill Chris Daly Follow this and additional works at: http://opensiuc.lib.siu.edu/uhp_theses Recommended Citation Daly, Chris, "The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill" (2002). Honors Theses. Paper 131. This Dissertation/Thesis is brought to you for free and open access by the University Honors Program at OpenSIUC. It has been accepted for inclusion in Honors Theses by an authorized administrator of OpenSIUC. For more information, please contact [email protected]. r The Boundaries of Liberalism in a Global Era: A Critique of John Stuart Mill Chris Daly May 8, 2002 r ABSTRACT The following study exanunes three works of John Stuart Mill, On Liberty, Utilitarianism, and Three Essays on Religion, and their subsequent effects on liberalism. Comparing the notion on individual freedom espoused in On Liberty to the notion of the social welfare in Utilitarianism, this analysis posits that it is impossible for a political philosophy to have two ultimate ends. Thus, Mill's liberalism is inherently flawed. As this philosophy was the foundation of Mill's progressive vision for humanity that he discusses in his Three Essays on Religion, this vision becomes paradoxical as well. Contending that the neo-liberalist global economic order is the contemporary parallel for Mill's religion of humanity, this work further demonstrates how these philosophical flaws have spread to infect the core of globalization in the 21 st century as well as their implications for future international relations. -
Liberalism and the Common Good a Hayekian Perspective on Communitarianism
SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 Liberalism and the Common Good A Hayekian Perspective on Communitarianism —————— ✦ —————— LINDA C. RAEDER In the end, given liberty to learn, men will find out that freedom means community. —William Aylott Orton n recent years, a spirited -
Durkheim and Organizational Culture
IRLE IRLE WORKING PAPER #108-04 June 2004 Durkheim and Organizational Culture James R. Lincoln and Didier Guillot Cite as: James R. Lincoln and Didier Guillot. (2004). “Durkheim and Organizational Culture.” IRLE Working Paper No. 108-04. http://irle.berkeley.edu/workingpapers/108-04.pdf irle.berkeley.edu/workingpapers Durkheim and Organizational Culture James R. Lincoln Walter A. Haas School of Business University of California Berkeley, CA 94720 Didier Guillot INSEAD Singapore June , 2004 Prepared for inclusion in Marek Kocsynski, Randy Hodson, and Paul Edwards (editors): Social Theory at Work . Oxford, UK: Oxford University Press. Durkheim and Organizational Culture “The degree of consensus over, and intensity of, cognitive orientations and regulative cultural codes among the members of a population is an inv erse function of the degree of structural differentiation among actors in this population and a positive, multiplicative function of their (a) rate of interpersonal interaction, (b) level of emotional arousal, and (c) rate of ritual performance. ” Durkheim’ s theory of culture as rendered axiomatically by Jonathan Turner (1990) Introduction This paper examines the significance of Emile Durkheim’s thought for organization theory , particular attention being given to the concept of organizational culture. We ar e not the first to take the project on —a number of scholars have usefully addressed the extent and relevance of this giant of Western social science for the study of organization and work. Even so, there is no denying that Durkheim’s name appears with vast ly less frequency in the literature on these topics than is true of Marx and W eber, sociology’ s other founding fathers . -
Justice and Humility in Technology Design
2006-85: JUSTICE AND HUMILITY IN TECHNOLOGY DESIGN Steven VanderLeest, Calvin College Steven H. VanderLeest is a Professor of Engineering at Calvin College. He has an M.S.E.E. from Michigan Tech. U. (1992) and Ph.D. from the U of Illinois at Urbana-Champaign (1995). He received a “Who’s Who Among America’s Teachers” Award in 2004 and 2005 and was director of a FIPSE grant “Building IT Fluency into a Liberal Arts Core Curriculum.” His research includes responsible technology and software partitioned OS. Page 11.851.1 Page © American Society for Engineering Education, 2006 Justice and Humility in Technology Design 1 Abstract Engineeringdesignrequireschoosing betweenvariousdesignalternatives,weighing eachoption basedontechnicaldesigncriteria.Broader criteriahave beensuggestedthatencompassthe cultural,historical,andphilosophicalcontextsinwhichthenewtechnology becomesembedded. Thesecriteria,calleddesignnorms,canonly beappliedeffectively by engineerswithastrong liberaleducation.This paperexaminestwodesignnormsinsomedetail.Thefirstnorm,justice, has beennotedinthe pastasanimportantcriterionfordesigndecisions,butnottosufficient depthtoprovide practicaldesigninsights.Designfor justicerequiresconsiderationofall stakeholdersof adesign.Technologicaldesignscanintrinsicallyleadtoinjustice,forexample, iftheydisrespectstakeholdersorcausediscriminatoryinequities.Thesecondnormexploredin this paper,humility,hastypically beenconsideredagoodqualityoftheengineer,butnotoften appliedtotechnology.Theimplicationsofusing humility as adesigncriterionmightinclude moreemphasisonreliability,userfeedback,andmore -
Mohist Theoretic System: the Rivalry Theory of Confucianism and Interconnections with the Universal Values and Global Sustainability
Cultural and Religious Studies, March 2020, Vol. 8, No. 3, 178-186 doi: 10.17265/2328-2177/2020.03.006 D DAVID PUBLISHING Mohist Theoretic System: The Rivalry Theory of Confucianism and Interconnections With the Universal Values and Global Sustainability SONG Jinzhou East China Normal University, Shanghai, China Mohism was established in the Warring State period for two centuries and half. It is the third biggest schools following Confucianism and Daoism. Mozi (468 B.C.-376 B.C.) was the first major intellectual rivalry to Confucianism and he was taken as the second biggest philosophy in his times. However, Mohism is seldom studied during more than 2,000 years from Han dynasty to the middle Qing dynasty due to his opposition claims to the dominant Confucian ideology. In this article, the author tries to illustrate the three potential functions of Mohism: First, the critical/revision function of dominant Confucianism ethics which has DNA functions of Chinese culture even in current China; second, the interconnections with the universal values of the world; third, the biological constructive function for global sustainability. Mohist had the fame of one of two well-known philosophers of his times, Confucian and Mohist. His ideas had a decisive influence upon the early Chinese thinkers while his visions of meritocracy and the public good helps shape the political philosophies and policy decisions till Qin and Han (202 B.C.-220 C.E.) dynasties. Sun Yet-sen (1902) adopted Mohist concepts “to take the world as one community” (tian xia wei gong) as the rationale of his democratic theory and he highly appraised Mohist concepts of equity and “impartial love” (jian ai). -
Herman Bavinck's Theological Aesthetics: a Synchronic And
TBR 2 (2011): 43–58 Herman Bavinck’s Theological Aesthetics: A Synchronic and Diachronic Analysis Robert S. Covolo PhD candidate, Fuller Theological Seminary In 1914 Herman Bavinck wrote an article for the Almanak of the Vrije Universiteit entitled, “Of Beauty and Aesthetics,” which has recently been translated and republished for the English-speaking world in Essays on Religion, Science, and Society.1 While this is not the only place where Bavinck treats the subject of beauty, this article stands out as a unique, extended glimpse into Bavinck’s theological aesthetics.2 In it we see that Bavinck was conversant with philosophical aesthetics and aware of the tensions of doing theological aesthetics from both a small “c” catholic and a distinctly Reformed perspective. There are many ways to assess Bavinck’s reflections on aesthetics. For example, one could look at the intimations in Bavinck’s works of the aesthetics formulations of later Dutch Reformed writers such as Rookmaker, Seerveld, or Wolterstorff.3 1. Herman Bavinck, “Of Beauty and Aesthetic” in Essays on Religion, Science and Society, ed. John Bolt, trans. Harry Boonstra and Gerrit Sheeres (Grand Rapids, MI: Eerdmans, 2008), 245–60. 2. See also Herman Bavinck, Reformed Dogmatics, vol. 2, God and Creation, ed. John Bolt, trans. John Vriend (Grand Rapids, MI: Baker, 2004), 252–55. 3. This in itself would prove to be a very interesting study. In one section of the essay Bavinck entertains an idea by a “Mister Berland” who maintains “the characterization of an anarchist situation in the arts.” See Bavinck, “Of Beauty and Aesthetics,” 252. -
The Person and the Common Good*
The Person and the Common Good* By Jacques Maritain Among the truthsof whichcontemporary thought stands in partic- ular need and from which it could draw substantialprofiit, is the doctrineof the distinctionbetween individuality and personality. The essentialimportance of this distinctionis revealedin the principlesof St. Thomas. Unfortunately,a right understandingof it is difficultto achieveand requiresan exerciseof metaphysicalinsight to whichthe contemporarymind is hardlyaccustomed. Does societyexist for each one of us, or does each one of us exist for society?Does the parishexist for the parishioneror the parishioner for the parish?This question,we feel immediately,involves two aspects, in each of which there must be some elementof truth. A unilateral answerwould only plunge us into error. Hence, we must disengage the formalprinciples of a truly comprehensiveanswer and describethe precisehierarchies of valueswhich it implies. The NineteenthCentury experiencedthe errorsof individualism. We have witnessedthe de- of velopment of a totalitarian or exclusively communal conception that societywhich took placeby way of reaction. It was natural,then, in a simultaneousreaction against both totalitarianand individualistic into errorsthe concept of the human person, incorporatedas such and that be opposed to both the idea of the totalitarian state society, to of the sovereigntyof the individual. In consequence,minds related uneven in widely differingschools of philosophicthought and quite intellectualexactitude and precisionhave sensed in the notionand term current of "person"the solution sought. Whence, the "personalist" remote which has developedin our time. Yet nothing can be more two We have undertaken in this paper a reconsideration and development of Deneke conferences: the first one, entitled "The Human Person and Society," was the Lecture, given at Oxford May 9, 1939, and published in a limited edition (Paris, Desclee de Brouver.