Cookies help us deliver our services. By using our services, you agree to our use of cookies. Learn more.
  • Log In
  • Register
CEEOL Logo
Advanced Search
  • Home
  • SUBJECT AREAS
  • PUBLISHERS
  • JOURNALS
  • eBooks
  • GREY LITERATURE
  • CEEOL-DIGITS
  • INDIVIDUAL ACCOUNT
  • Help
  • Contact
  • for LIBRARIANS
  • for PUBLISHERS

Content Type

Subjects

Languages

Legend

  • Journal
  • Article
  • Book
  • Chapter
  • Open Access
  • Philosophy
  • Special Branches of Philosophy
  • Philosophy of Law

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Result 261-280 of 811
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 13
  • 14
  • 15
  • ...
  • 39
  • 40
  • 41
  • Next
Pojęcie dowodu jako otwarta rana prawa: niezmiennie błędna aporia?

Pojęcie dowodu jako otwarta rana prawa: niezmiennie błędna aporia?

Author(s): José Manuel Aroso Linhares / Language(s): Polish Issue: 1/2013

In the paper I would like to allude to the possibilities that at last seem recognisable (and can be explored) when, expressly refuting the scission postulate (either in its luminous positive version or in its deconstructive aporetic reproduction), an internally relevant thesis for methodological unity between evidentiary adjudication and adjudication tout court (between judicial reasoning with proof and adjudicative reasoning as the realisation of Law) is advocated – with the certainty that the defence of this claim does not deny (or dilute) the specificity of the evidence problem, but instead provides this specificity with new opportunities for being understood and experienced in direct connection with the (increasing!) need to identify law’s specific project and its autonomous practical world as an unmistakable cultural acquisition. To condense the argument, I would say that methodological unity has to do with the priority of controversy – as a specific practical structure demanding judgment and the constitutive entrance of the comparing Third – whereas the specificity of evidential judgment corresponds to the irradiance of the referential claim and the narrative intelligibility that identifies it.

More...
O sposobach pojmowania twórczego charakteru interpretacji

O sposobach pojmowania twórczego charakteru interpretacji

Author(s): Olgierd Bogucki / Language(s): Polish Issue: 1/2013

The purpose of this paper is to analyse the notion of creative interpretation (of any text, especially creative interpretation of a legal text). The author points out that there are two different meanings of the expression “creative interpretation”. The first one can be called “ontological” and the second one – “methodological”. A given interpretation is ontologically creative when it creates a new object (which is a new meaning of some sort) and it is methodologically creative when it is established without applying any rules. Different theoretic approaches to legal interpretation presuppose different relations between ontological creativeness and methodological creativeness. The article explores some of them. The main thesis of the article is that when we say that a given interpretation is ontologically creative, we do not need to say it is methodologically creative (and vice versa).

More...
Идея возмездия в античной философии как прообраз принципа причинности: аргументы нормативизма

Идея возмездия в античной философии как прообраз принципа причинности: аргументы нормативизма

Author(s): Anton Didikin / Language(s): Russian Issue: 1/2019

The paper analyzes the arguments of normativism on historical and philosophical reconstruction of the idea of retribution in ancient philosophy as a prototype of the principle of causality. Based on the Kelsen’s ideas presented in the book Society and Nature, the features of mythological, religious and philosophical justification of the idea of retribution for sins and violations of positive rules in ancient society are revealed. The author comes to the conclusion that the idea of retribution, which is methodologically important for building a pure theory of law, is further transformed into the principle of imputation, which characteristic for the social studies and humanities, within Kelsen denies the principle of causality.

More...
Aitia – wina arystotelesowska. Zagadnienia definicyjne. Część I

Aitia – wina arystotelesowska. Zagadnienia definicyjne. Część I

Author(s): Waldemar Gontarski / Language(s): Polish Issue: 2/2012

When engaging in polemics with Pythagoras, Aristotle observed that the retributive function of punishment, as distinguished from the preventative one, does not involve revenge understood as material retaliation (i.e. suffering for suffering, meaning retaliation proportional to the damage suffered). It does not encompass a simple reciprocity, such as suffering in turn (ἀντιπάσχω), but instead shall be considered as a just reciprocity, meaning doing in return (ἀντιποιέω), whereby the degree of mental contribution is taken into account. The classical theory of responsibility, at least under the meaning assigned to it by Aristotle, considers human responsibility by means of reference to the mental capabilities of the actor in respect to the particular harmful action. An action involving human guilt is consequently contrasted with an accidentally caused action. In the works of Stagirite the mental attitude of the actor towards his action distinguishes human causation from the accidental one and from the forced one. Pythagoras, on the other hand, discussed material retaliation, meaning objective responsibility. At the same time, the author of Nicomachean Ethics had already experienced the system of subjective responsibility based on the concept of knowingly caused damage as opposed to the system of objective responsibility involving the objective causal relationship between actor’s behavior and the resulting damage. Aristotle has extended the concept of subjective responsibility to cover both knowingly caused damage (intentional fault) and unintentional fault, whereby the damage is directly caused by the negligent conduct of the actor, meaning the failure of the latter to observe required objective and abstract standards. The mental component and related to it subjectivization involve the actor possessing required intellectual capabilities, but not using them in a way as to observe the aforementioned imposed standards. Nonetheless, the potential mental component is itself not sufficient to establish guilt. Otherwise, all the people (apart from those lacking capacity at all) shall be declared guilty regardless of the fact that the damage was caused by them accidentally.

More...

„Generička“ i „partikularna“ Δικαιοσύνη

Author(s): Željko Kaluđerović / Language(s): Serbian Issue: 29/2018

The author in this paper analyses the delicate discussion on justice that Aristotle undertook in the E book of Nicomachean Ethics. The Stagirite retains that δικαιοσύνη is a multiple meaning word and understands it as a double meaning word, at least. The justice is, first of all, equalized with the obeyance of the law and to a certain extent it is equalized with virtue. This type of justice is called "universal" justice. The second is so called "particular" justice, which is manifested in the observance of the rules of equality and is being considered as a part of virtue. The latter, more specific notion of justice, which is additionally divided into distributive and commutative justice, is also interesting because it presents the Stagirites as a thinker who was first to systematically and philosophically formulates, in mythological consciousness already established relation between the ideas of justice and equivalence. Aristotle, the author concludes, at the end of the classical era, tried to embrace the internal differentiation and different strata of Hellenic polis by segmented and speculative investigation of virtues, particularly justice, in order to find the cohesive factor of particular, specific and general interests and compatibility of all elements of "ethical", "economic" and "political" spheres of living.

More...
AMERİKA SİYASET FELSEFESİNDE ADALET, EŞİTLİK VE ÖZGÜRLÜK SORUNU JOHN RAWLS VE RONALD DWORKİN MODELİ

AMERİKA SİYASET FELSEFESİNDE ADALET, EŞİTLİK VE ÖZGÜRLÜK SORUNU JOHN RAWLS VE RONALD DWORKİN MODELİ

Author(s): Murat Bayram / Language(s): Turkish Issue: 13/2017

Because of plenty of social relations, variety and plenty of personal relations, and alteration of personal choices so fast; it becomes problematic to generate a generally accepted justice theory. To generate a universal justice theory in order to prevent inequality in society is an American dream. In order to make this dream real, many justice theories were put forward in American political philosophy. The most important ones among them can be showed as John Rawls and Ronald Dworkin’s justice theories in political and law philosophies. John Rawls’ book named “A Theory of Justice” which was published in 1971, marked a new era and affected many theoreticians with strong reasonings in it. According to Dworkin who assesses justice from the point of view of right, source of justice principles is ‘the right for equal concern and respect’. Dworkin, mostly assesses the theory of justice from an equalitarian perspective. Both theoreticians, try to rationalize justice in social area with hypothetical theories.

More...
Konserwatywna obrona nierówności i krytyka politycznych konsekwencji idei braterstwa w myśli politycznej Jamesa Fitzjamesa Stephena

Konserwatywna obrona nierówności i krytyka politycznych konsekwencji idei braterstwa w myśli politycznej Jamesa Fitzjamesa Stephena

Author(s): Lucjan Wroński / Language(s): Polish Issue: XXX/2018

In his paper, the author analyses some premises of liberal concept of equality and its philosophical origins. He attempted to show affinities and differences between liberal and conservative approaches to legal equality. He argues that economic inequality is compatible with political and legal liberties within conservative political philosophy. Victorian lawyer James Fitzjames Stephen proved that fraternity is an ambiguous ideal conceived from utilitarian perspective mainly because that it would be political naïvete to expect love from our citizens instead of justice and respect.

More...
Država ili društvo privatnog prava?

Država ili društvo privatnog prava?

Author(s): Hans-Hermann Hoppe / Language(s): Serbian Issue: 20/2013

Legendarni Robinson Crusoe, sam na svom otoku, može raditi što god želi. Njemu se ne postavlja pitanje o pravilima određenog zajedničkog ljudskog života. Naravno, ovakvo se pitanje može postaviti, tek kad jedna druga osoba, u našem slučaju Petak, stiže na otok. Ali čak i onda to pitanje ostaje donekle nebitno, sve dok nečega ne nestane. Zamislite da je dotični otok rajski vrt. Sva vanjska dobra bila bi dostupna u izobilju. Ta dobra su „slobodna dobra“ kao i zrak koji dišemo, koji obično predstavlja „slobodno“ dobro. Što god da Robinson radi s dobrima, njegova djela nemaju uzvratni utjecaj ni na njegovu buduću pričuvu dobara, ni na Petkovu trenutnu ili buduću pričuvu istih (ili obrnuto). Zato je nemoguće da bi ikad došlo do sukoba između Robinsona i Petka u vezi upotrebljavanja tih dobara. Sukob je tek onda moguć, kad dobra počinju nestajati; a tek onda postoji potreba za pronalaskom pravila, koja omogućuju miran zajednički život bez konflikata. [...]

More...

Razumevanje pravde u Ιλιαδοσ i Οδυσσειασ

Author(s): Željko Kaluđerović / Language(s): Serbian Issue: 9/2008

In this paper the author discusses first implications of the relation between the idea of justice and the idea of equivalence, which can be found in Homer’s works. Members of tribal aristocracy wanted to establish adequate ratio between merits they supposed they had for the community and the rights adequate to these merits. They were sometimes establishing such a proportion in a rough and hostile manner, by dictating and forcing rules of behaviors, which as a result enabled later commentators to conclude that the principle “might is right” was central to the Greek concept of δίκη, and that Homer confirms his approval of this principle in both of his epics. Dike in Homer shows its other key characteristic, correlativity, because it constantly refers to two sides (ἀμφότερος) in conflict, with frequent assistance of agora. In Odyssey we can identify an additional dimension of justice, which is an implication of its application to inter polis relations. In addition, we should add the place that belongs to Zeus, through which Hellenes should understand that the justice is necessary for the resolution of their confl icts. As the highest representative of justice in general, Zeus punishes those whose acts are not in compliance with justice, and which tells the Acheans that they should establish a community founded on justice, and that community is polis.

More...
DURKHEIM ON INDIVIDUALISM AND PROPERTY RIGHTS: ORIGIN OF INSTITUTIONAL FRAMEWORK

DURKHEIM ON INDIVIDUALISM AND PROPERTY RIGHTS: ORIGIN OF INSTITUTIONAL FRAMEWORK

Author(s): Božidar Filipović / Language(s): English Issue: 4/2016

In this paper we tried to point out to Durkheim’s conception of individualism which was founded on the political philosophy of Rousseau and Kant. The last two authors are also important for the reconstruction of Durkheim’s view on the origin and role of (private) ownership. We showed that his understanding of the origin of the institution of property directly related to the role which he intended for corporations in modern society. In Durkheim’s case, meritocracy can be viewed through the lens of his aspirations for the realization of legal formal, but also “initial” material equality of all members of a society. Therefore, in the case of Durkheim’s work, it can be understood as the pursuit of the realization of the principle that would imply permanent intervention of the state and corporation in order to ensure equal conditions for all.

More...

Istina, pravda, mir

Author(s): Vojin Simeunović / Language(s): Serbian Issue: 1/2004

The author discusses Kant's philosophical work "Eternal Peace". The work was published in 1795 and had a great influence on the development of the specific political and legal theories in the 19th century Europe. The influence of this work grew as time passed by, and reached its peak in the 20th century. The First and Second World War made the issue of peace between people subject of the philosophical interest. Kant viewed the idea of peace as a philosophical issue and as a central problem of each philosophy. Without peace nothing has sense in human life. This is why Otfricd Hoffe released an anthology in the honour of the 200 anniversary of Kant's work. All the authors presented in this anthology underline the huge importance of Eternal Peace.

More...

Слободан Јовановић и Ханс Келзен

Author(s): Danilo N. Basta / Language(s): Serbian Issue: 1-4/2001

According to Slobodan Jovanović, Hans Kelsen was the most significant representative of a very new thought concerning state law and legal theory in general. Though Jovanović did not write extensively about him, he would point out what was quintessential in Kelsen's theory: the equating of law and the state, the preponderance of the basic standard, the sovereignty of law, and not of the state. He also made some thoughtful objections to Kelsen and, at the same time, presented his own views in relation to specific key issues. This was possible since he shared the same legal position with Kelsen, though with one outstanding difference: besides taking into account homo juridicus, which was of crucial importance for Kelsen, Jovanović was equally no less aware of homo politicus. Despite their differing ways, they both belonged to the movement, not only theoretical, characterized by the rule of law.

More...

Допринос професора Врачара учењу о јединству државно-правног поретка

Author(s): Dragan Mitrović / Language(s): Serbian Issue: 1-4/2001

Professor Vracar's book, Social Contents of the Function of the State and Legal System, subtitled ,,Considerations of the Role of the State and Law in the Process of Political Constitution of Society‘‘, includes extremely complex issues regarding the state and law, reflected in the state and legal system in which they are integrated, and particularly those issues that still remain valid and inspiring nowadays. It is a result of the author's years of diligent work, during which numerous dilemmas and contradictions, abundant in the philosophy and theory of law more than in other fields, have been clarified. Professor Vracar's thought can be synthesized as the state and legal integralism. It is inspired by a wish to start from reality, and to bravely confront that reality with the attained scientific results. It is, thus, personally pure and scientifically genuine. Hence the development of a completely original concept in the book becomes totally understandable only in the light of the fact that the issues considered there were then, and still remain a ,,battlefield‘‘ of his personal and our many-sided social life. Professor Vracar's thought of the unity of the state and legal system, as a central topic of his original integral state and legal theory, has proved to be fully viable , stable and lasting, as it has not experienced the destiny of some other ,,ideological ephemeras‘‘. This has been an outcome of his personal righteousness, scientific inspiration and literal skillfulness. The book Social Contents of the Function of the State and Legal System has become a reference of a well erected building still looking the same as at the very beginning. This is why it is a particularly valuable contribution to our science of law. Due to it, and all other significant works of his, Professor Stevan Vracar, Ph.D., has joined those few outstanding scholars indispensable for our legal thought to be properly followed and understood.

More...
Three Models of Derivatives’ Regulation. Some Thoughts on the Entanglement between Economic Theory and the Evolution of Law

Three Models of Derivatives’ Regulation. Some Thoughts on the Entanglement between Economic Theory and the Evolution of Law

Author(s): Mariusz Jerzy Golecki / Language(s): English Issue: 1/2012

The paper aims at analysing whether the evolution of options, futures and other derivatives is an effect of a wider impact of the evolution of financial market and economic theories upon legal system. This constitutes, however, a part of a wider topic, namely the legal approach to risk, uncertainty and speculation. Thus it is crucial to examine whether recent regulation of financial markets and exempting such transactions as options, futures or swaps, performed by set-off from the existing anti-speculative regulation (or abolishing of the majority of anti-speculative rules) may have a wider impact on the notion of risk in law and theory of regulation.

More...
The Rule of Recognition – a Remedy for the External Uncertainty of Law?

The Rule of Recognition – a Remedy for the External Uncertainty of Law?

Author(s): Urszula Anna Kosielińska-Grabowska / Language(s): English Issue: 1/2012

According to H.L.A. Hart, the rule of recognition is one of secondary rules that is supposed to be a remedy for the uncertainty of primary rules. In this paper we will try to answer the question: To what extent may this rule guarantee legal certainty? After discussing important differences between the concept of the rule of recognition and Kelsenian concept of the basic norm (Grundnorm), we will examine the role of the rule of recognition in the context of the problem of the external certainty of law. When analyzing its content, meaning and effects of using the criteria of validity contained in the rule of recognition, we discovered three types of uncertainty related to the rule of recognition: the substantive, interpretive and applicative one. Our considerations have led us to the conclusion that the rule of recognition, having as its aim the function of removing the uncertainties of law, is itself one of the sources of these uncertainties. It is difficult to consider it as a genuine effective remedy to the external uncertainty of law. The construction of the rule of recognition means that the degree of certainty which we obtain as a result of its application appears to be greater than in the case of “ordinary” primary rules within the system, yet we will never obtain a total external certainty of law unless we apply another theoretical construction.

More...
Law & Economics as a Theory of Decision Making in Legal Contexts – Decision Theoretical Foundations, Their Misinterpretations and Excessive Claims of Economic Analysis of Law

Law & Economics as a Theory of Decision Making in Legal Contexts – Decision Theoretical Foundations, Their Misinterpretations and Excessive Claims of Economic Analysis of Law

Author(s): Magdalena Małecka / Language(s): English Issue: 1/2012

The article treats law & economics as a proposal of a theory of decision making in legal settings. It is emphasized that the distinction between two approaches in economic analysis of law: the neoclassical and the behavioral one, is made with reference to two different theories of decision making applied in the realm of each approach. The neoclassical approach is based on the theory of expected utility, whereas the behavioral one – on prospect theory. According to the scholars on both sides, application of decision theory might be helpful in influencing behavior by legal norms in a more sophisticated way. The claim of the article is that law & economics scholars misinterpret the assumptions and propositions of the theories and/or formulate excessive claims, if they argue that decision theoretical findings provide knowledge about the way in which people’s decisions are influenced by law.

More...
The Phenomenological Basis of Lawyers’ Professional Ethics

The Phenomenological Basis of Lawyers’ Professional Ethics

Author(s): Marcin Pieniążek / Language(s): English Issue: 1/2012

The thesis of the paper is connected with the statement that the casuistic, quasi-legal model of legal ethics should be abandoned. What should be broadened instead, is individual and collective, namely corporate one, awareness of the specificity of legal experiencing of the values relevant from ethical-professional perspective and based on firm methodological basis. The conception of legal ethics presented in the paper gives up the attempts of describing it from the perspective which is forced by categories connected with legal positivism. This suggestion refers to the following: (1) phenomenological “thinking according to ethical-professional values”, (2) the notion of ethical-professional intuition and (3) the concept of a lawyer’s and legal corporation’s field of axiological awareness. The 20th century phenomenological philosophy and, closely connected with it, informal ethics of values, as presented mainly by M. Scheler and N. Hartmann, serves as the basis of the suggested ethical-professional concept. Phenomenological ethics, relying on individual experience of ethical values, based on individual acts of value preference in case of moral conflict, gives a chance to distance itself from a quasi-legal, casuistic perception of legal ethics. It, then, creates the possibility of necessary methodological independence of legal ethics from law.

More...

Зачеци српске филозофске мисли о природном праву

Author(s): Slobodan Perović / Language(s): Serbian Issue: 1-4/2001

The influence of theoretical perspectives on natural law among the representatives of the rational theory (Descartes, Kant, Fichte, Hegel) can be found in Serbia as early as the first half of the XIX century. The first significant scholar was Jovan Filipović, and his work ,,Legal Philosophy‘‘ (1893), then Jovan Sterija Popović, the follower of Kant, who is the author of ,,Natural Law‘‘ (1841) published only in 1995, more than 150 years after it was written. After this, Dimitrije Matić, the student of Sterija and follower of Hegel, wrote ,,The Principles of Intellectual State Law‘‘ in which he represents the ideas of the rational concept of natural law. In the first half of the XX century, in the Serbian philosophy of law, including natural law, two great legal scholars have significant roles -- Toma Živanović (,,The system of synthetic philosophy‘‘) and Božidar S. Marković with his numerous works in the area of commercial law.

More...

Врачаров,,Тома Живановић‘‘

Author(s): Milijan Popović / Language(s): Serbian Issue: 1-4/2001

Professor Vracar is widely known in expert circles primarily for his theoretical work regarding the state and law, and legal methodology. As a thinker, he is important primarily for his creation of a specific theory of the state and legal integralism, though he has not presented it as a whole yet. On the other hand, Professor Stevan K. Vracar has demonstrated extraordinary analytic skills in his numerous works, dedicated to great representatives of the legal thought. It can be seen in his studies of Lundstet, Kelsen, Petraszicky, and other foreign writers, but also in his studies of Slobodan Jovanović, Djordje Tasić, Radomir Lukić, and, particularly, Toma Živanović. In six studies of Toma Živanović and his System of the Synthetic Philosophy of Law, written on different occasions, Professor Vracar not only presented the essential ideas of that great man of ours, based on an analysis, but gave an immanent and transcendental criticism of Živanović's legal philosophical work as well.

More...

Љубав и закон у Августиновој етици

Author(s): Mirjana Stefanovski / Language(s): Serbian Issue: 1-4/2001

According to Augustin's ethical thought, there exists natural law (lex naturalis) which, in conformity with eternal law (lex aeterna) as the underlying basis of the natural order by divine disposition, establishes and determines a particular nature. That is a moral law inherent in the human nature, its innate motive, canon and standard. The notions of good and just are inscribed in human hearts and inspires them to long for good. These features of eternal law, contained as lex rationis in the human mind, are seen as inner truth and can be grasped by any reasonable soul. However, as the value judgment is not only a reasonable, but also a free choice, since only free will can be the object of moral obligation, the moral sense of action is determined by ethical will, i.e. love. It is a love that makes one love or hate the longing for good or disposition for evil, the two opposing kinds of love in man. The love of love is a capability of moral valuation and value self-judgment. However, it is also a moral feeling, a unique ethical and emotional attitude. Finally, it is a power of self-constraint and moral selfdetermination. As a reasonable choice, moral judgment means the cognition of universal and invariable determinants of eternal law; it means the cognition of good. As a free choice, moral judgment means the acceptance of those determinants consciously and willingly; it means the love of good. Ethical will, as a condition for moral self-determination, requires that a reasonable and free choice become an established and consistent moral and emotional position, and, at the same time, it implies virtue as a moral power of that reasonable love. Augustin's concept of the love of love in his ethical thought unifies the cognition of good and the love of good, while there prevails the opposition of the notions of love and law. The conformity of law and love is based on the fundamental notion of order. Order is a right arrangement of different things, each of them in its proper place. The proper position in a natural order (locus naturalis) is the place in which each nature fulfills its innate purpose and is realized to its full extent, to the perfection of its own self. Natural law, representing both an inherent primary motive and a determinant of purpose, is an impressed notion (notio impressa) of the fundamental model of natural order, the power of cognition of an overall and sensible disposition of things. Moral self-determination, on the other hand, means the conformity of one's own nature to the universal order, the realization of the proper order within man'sinner self, in accordance with the just natural order. Since justice is a proper inclination for love, and virtue a disposed love, justice and love converge in a unique definition -- ordo amoris -- the order of love.

More...
Result 261-280 of 811
  • Prev
  • 1
  • 2
  • 3
  • ...
  • 13
  • 14
  • 15
  • ...
  • 39
  • 40
  • 41
  • Next

About

CEEOL is a leading provider of academic eJournals, eBooks and Grey Literature documents in Humanities and Social Sciences from and about Central, East and Southeast Europe. In the rapidly changing digital sphere CEEOL is a reliable source of adjusting expertise trusted by scholars, researchers, publishers, and librarians. CEEOL offers various services to subscribing institutions and their patrons to make access to its content as easy as possible. CEEOL supports publishers to reach new audiences and disseminate the scientific achievements to a broad readership worldwide. Un-affiliated scholars have the possibility to access the repository by creating their personal user account.

Contact Us

Central and Eastern European Online Library GmbH
Basaltstrasse 9
60487 Frankfurt am Main
Germany
Amtsgericht Frankfurt am Main HRB 102056
VAT number: DE300273105
Phone: +49 (0)69-20026820
Email: info@ceeol.com

Connect with CEEOL

  • Join our Facebook page
  • Follow us on Twitter
CEEOL Logo Footer
2025 © CEEOL. ALL Rights Reserved. Privacy Policy | Terms & Conditions of use | Accessibility
ver2.0.428
Toggle Accessibility Mode

Login CEEOL

{{forgottenPasswordMessage.Message}}

Enter your Username (Email) below.

Institutional Login