scholarly journals Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint

Argumentation ◽  
2020 ◽  
Author(s):  
Francesca Poggi
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Legal Argumentation ◽  
Legal Interpretation ◽  
Central Theme ◽  
Critical View ◽  
Legal Literature ◽  
Close Relationship ◽  
The One ◽  
Definition Of

AbstractThe phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will show that from an interpretative standpoint, there is nothing special about legal defeasibility. Contrary to what some authors maintain, no unique or privileged source of legal defeasibility exists, nor are there privileged arguments to justify it. Specifically, legal defeasibility refers to interpretative outcomes deriving from interpretative arguments that, on the one hand, are very different from one another, and, on the other, are often employed to justify different interpretative outcomes. In the legal field, the problems related to defeasibility have little in common with the problems that this label covers in other areas—such as logic or epistemology—and they are nothing but the well-known problems related to legal interpretation. In conclusion, this paper argues that as far as legal argumentation is concerned, the notion of legal defeasibility lacks explanatory power, and it should be abandoned.

Der Erzieher als Manager

2019 ◽  
Vol 95 (4) ◽  
pp. 517-530
Author(s):  
Diana Lohwasser
Keyword(s):  
Educational Process ◽  
The Other ◽  
Critical View ◽  
Other Hand ◽  
The One ◽  
Short Time ◽  
Time Diagnosis

Abstract The Educator as a Manager. A Critical View In the following article tasks and motifs of the educator as manager are described. It is clear that there are other educator metaphors and associated behaviors. To some extent, the actions of the different educator metaphors overlap, but they differ in their purpose and perspective on the educational process and the person to be educated. First, a short time diagnosis is made, which describes the context of this metaphor of the educator as manager. Subsequently, on the one hand, the various motifs, tasks and objectives of an educator as manager are discussed. On the other hand, it is asked if it is possible in the current discourse to take a different perspective on the educational process.

Albrecht Durer and the 16TH Century Melancholy

2020 ◽  
Vol 2 ◽  
pp. 37-49
Author(s):  
Marcel Henrique Rodrigues
Keyword(s):  
Religious Culture ◽  
The Other ◽  
16Th Century ◽  
Other Hand ◽  
Close Relationship ◽  
The One ◽  
Deep Sense

Little has been discussed in academia about the close relationship between the Renaissance of the 16th century and melancholy humor, and esoteric elements arising mainly from Florentine Neoplatonism. The link between melancholy and esotericism becomes very clear when we analyze the gravure “Melencolia I” by Albrecht Dürer (1471-1528), composed of a significant number of symbols that refer to an esoteric religious culture that then emerged. Renaissance melancholy gained several nuances. On the one hand, it was considered a sin, a despicable mood characteristic of witches; on the other hand, a deep sense of inspiration typical of men of “genius”. This ambivalence also occurred in the firmament, as the melancholic people were guided by the dark planet Saturn, according to astrological belief. We also have the cultural scenario of the 16th century, especially in Dürer's Germany, which contributed to strengthening the melancholy issues.

Two Kinds of Imaginative Vividness

2021 ◽  
Vol 51 (1) ◽  
pp. 33-47
Author(s):  
Julia Langkau
Keyword(s):  
Explanatory Power ◽  
The Other ◽  
Literary Fiction ◽  
Emotional Engagement ◽  
Mental Images ◽  
Other Hand ◽  
The One ◽  
Epistemic Role

AbstractThis paper argues that we should distinguish two different kinds of imaginative vividness: vividness of mental images and vividness of imaginative experiences. Philosophy has focussed on mental images, but distinguishing more complex vivid imaginative experiences from vivid mental images can help us understand our intuitions concerning the notion as well as the explanatory power of vividness. In particular, it can help us understand the epistemic role imagination can play on the one hand and our emotional engagement with literary fiction on the other hand.

Dreams of Truck Drivers: A Test of the Continuity Hypothesis of Dreaming

2005 ◽  
Vol 25 (2) ◽  
pp. 179-186 ◽  
Author(s):  
Michael Schredl ◽  
Arthur Funkhouser ◽  
Nicole Arn
Keyword(s):  
Empirical Studies ◽  
Truck Drivers ◽  
The Other ◽  
Continuity Hypothesis ◽  
Future Studies ◽  
Daytime Activity ◽  
Close Relationship ◽  
The One ◽  
Dream Emotions ◽  
The Relationship

Empirical studies largely support the continuity hypothesis of dreaming. The present study investigated the frequency and emotional tone of dreams of truck drivers. On the one hand, the findings of the present study partly support the continuity regarding the time spent with driving/being in the truck and driving dreams and, on the other hand, a close relationship was found between daytime mood (feelings of stress, job satisfaction) and dream emotions, i.e., different dream characteristics were affected by different aspects of daytime activity. The results, thus, indicate that it is necessary to define very clearly how this continuity is to be conceptualized. The approach of formulating a mathematical model (cf. [1]) should be adopted in future studies in order to specify the factors and their magnitude in the relationship between waking and dreaming.

Preventive Confinement of Dangerous Offenders

2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Legal Theory ◽  
The Other ◽  
Legal Issue ◽  
Central Theme ◽  
Sexual Predators ◽  
Dangerous Offenders ◽  
New Form ◽  
The Law ◽  
The One ◽  
Constitutional Regime

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.

scholarly journals Emotionally evaluative attitude of parents in the high conflict families to each other and the child

2016 ◽  
Vol 6 (4) ◽  
pp. 126-141
Author(s):  
S.S. Kulakov
Keyword(s):  
Negative Attitude ◽  
Semantic Differential ◽  
The Other ◽  
Dysfunctional Families ◽  
Psychiatric Examination ◽  
High Conflict ◽  
The One ◽  
Definition Of ◽  
The Relationship ◽  
Conflictual Relationship

The increasing number of dysfunctional families causes an increase in the number of civil litigation on the education of the child, where the relationship between the persons are highly conflictual. The actual task is study the one of components in the structure of the psychological relationship - emotional and semantic constructs underlying semantic perception of each other and the child's parents. Examination of 42 testees (parents) from harmonious families and 54 testees (parents) during the forensic psychological and psychiatric examination (regarding the definition of child`s residence or the order of meetings for the child and the parent who don`t live with it) by methods "Geometric test of relations" and "Semantic Differential" showed that in families where is highly conflictual relationship, there is positive assessments of herself and her child, while assessment of the spouse (wife) characterized inversion. This negative attitude toward the spouse (wife) is not the other parent's negative characteristics. It is the ignoring the other parent's positive characteristics. The positive acceptance of all family members was revealed in harmonious families.

scholarly journals Handling i narratologien, litteraturen og livet

2006 ◽  
Vol 34 (101) ◽  
pp. 122-139
Author(s):  
Thor Grünbaum
Keyword(s):  
The Other ◽  
Final Part ◽  
Communicative Function ◽  
Other Hand ◽  
The One ◽  
Definition Of

Action in Narratology, Literature, and LifeIn this article I argue that the representation of simple, bodily action has the function of endowing the narrative sequence with a visualizing power: It makes the narrated scenes or situations ready for visualization by the reader or listener. By virtue of this visualizing power or disposition, these narrated actions disrupt the theoretical divisions, on the one hand, between the narrated story and the narrating discourse, and on the other hand, between plot-narratology and discourse-narratology. As narrated actions they seem to belong to the domain of plot-narratology, but in so far as they serve an important visualizing function, these narrated actions have a communicative function and as such they can be said to belong to the domain of discourse-narratology. In a first part of the article, I argue that a certain type of plot-narratology, due to its retrospective epistemology and abstract definition of action, is unable to conceive of this visualizing function. In a second part, I argue that discourse-narratology fares no better since the visualizing function is independent of voice and focalization. In a final part, I sketch a possible account of the visualizing function of simple actions in narratives.

Self-Cognizing Intellect and Negative Attributes in Maimonides' Theology

1994 ◽  
Vol 87 (4) ◽  
pp. 461-472 ◽  
Author(s):  
Hannah Kasher
Keyword(s):  
The Other ◽  
Introductory Essay ◽  
The One ◽  
Definition Of ◽  
Guide Of The Perplexed ◽  
Negative Attributes

In his introductory essay on the philosophical sources of The Guide of the Perplexed, Shlomo Pines points out a well-known contradiction between two conceptions of God in Maimonides' theology. On the one hand, Maimonides borrowed the Aristotelian definition of God as the intellect that cognizes itself; on the other, in line with Avicenna's Neoplatonic theory of attributes, Maimonides denied the possibility of saying anything positive about God. Pines proposes two possible solutions; first, that Maimonides was well aware of the contradiction, or, second, that he fell into the contradiction inadvertently. As Pines himself admits, however, neither solution is satisfactory.

Boltanski, L. (2019). Mysteries and conspiracies. Translated by A. Zakharevich. St. Petersburg: Izdatelstvo Evropeyskogo universiteta. (In Russ.)

2021 ◽  
pp. 264-269
Author(s):  
P. A. Moiseev
Keyword(s):  
Detective Fiction ◽  
The Other ◽  
Police Procedural ◽  
The One ◽  
Definition Of

The review deals with Luc Boltanski's Mysteries and Conspiracies [Enigmes et complots]. The following is noted as defects of the reviewed book: detective fiction is associated with anxieties that question the framework of modern reality. Such attribution, it is argued, results from inaccurate comparison of detective fiction to a spy novel. The reviewer identifies contradictions in the definition of detective fiction: on the one hand, it is characterised by the proverbial anxiety. On the other, the writer suggests that unravelling a mystery normalises the ‘integrity of predictable expectations.' In addition, Boltanski confuses detective fiction with police procedural novels as well as the concepts of genre and theme with regard to spy novels (as a result, he dwells on ‘the genre of the spy novel,' even though spy novels are written in a number of genres). The review particularly criticises Boltanski's assessment of A. Conan Doyle's prose.

Vladimir Titov’s Letter to Vladimir Odoevsky as a Well-Known Response to Ivan Turgenev’s Article “Hamlet and Don Quixote” (Contemporaries’ Reception of Turgenev’s Interpretation of the Image of Hamlet)

2021 ◽  
pp. 104-116
Author(s):  
Ivan O. Volkov ◽  
Keyword(s):  
German Idealism ◽  
Don Quixote ◽  
The Other ◽  
National Library ◽  
Other Hand ◽  
The One ◽  
Definition Of ◽  
First Time

For the first time, in the article, Vladimir Titov’s letter (dated 12/24 February 1869) is published and commented. In the 1820s, in Russia, Titov was well-known as a writer and literature theorist, the author of a romantic novella The Remote House on Vasilyevsky Island (1829) close to Society of Lyubomudriye. The letter extracted from the archives of the National Library of Russia is addressed to Duke Vladimir Odoevsky whose relationship with Titov was friendly from the very beginning of their acquaintance. The letter focuses on Ivan Turgenev’s speech published in the first issue of Sovremennik and titled “Hamlet and Don Quixote”. Reacting to Turgenev’s article, Titov shortly and critically accesses the comparison concentrating mainly on the image of Hamlet and thoroughly expresses his opinion on the essence of his tragic state. Titov’s opinion is just the opposite of Turgenev’s complex and multidimensional interpretation. Having experienced the great impact of the philosophy of German idealism at the beginning of his career, Titov to a great extent idealizes Shakespeare’s character whom he long knows and whom he is clearly eager to vindicate. Meanwhile, Titov does not pursue the aim to absolutely advocate the romantic halo of Hamlet as a Titanic personality (grandiose intellect and scale of feeling) and to enact the tragic pathos of the inner fight only. Developing Goethe’s definition of the essence of the character’s inner conflict, Titov, on the one hand, approaches its real understanding underlying the prince’s necessity to stay in a derogatory position of a “pitiful semiclown, indecisive grouch and shred”. On the other hand, the assessment can not be absolutely objective because Titov wants to see Hamlet as a victim of the fatal fortune which turns him into a character of an almost classical tragedy of fate. Titov’s bright and developed reaction (in the document of private nature) to Turgenev’s article is attractive and important first of all for its vividly demonstrated novelty and creativity of the writer’s view, wideness and multimodality of the author’s perception of Hamlet’s image. For the first time, Turgenev gave a developed interpretation of Shakespeare’s image in the tale “Hamlet of Shchigrovsky Province” (1848). Continuing his searches in the area of “Russian” (or “steppe”) Hamlet, Turgenev creates moral and philosophical problems of the English tragedy in the crisis socio-historical and cultural atmosphere of Russia of the 1840s. However, the principles of the artistic generalization and the peculiarities of the new reading, not mentioned and not fully comprehended by his contemporaries, were surprising and rejected when the speech “Hamlet and Don Quixote” appeared, in which Shakespeare’s character is presented ultimately vividly and lively in the then current interpretation.

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