According to the received opinion there is a theoretical incompatibility between Herbert Hart's The Concept of Law and Alf Ross's On Law and Justice, and, according to the received opinion, it stems above all from Hart's emphasis on the internal point of view. The present paper argues that this reading is mistaken. The Concept of Law does not go beyond On Law and Justice in so far as both present arguments to the effect that law is based on a shared (...) understanding between participants in a project perceived by every participant to be a project in common. The paper demonstrates that there are substantive parallels between Hart's combination of “acceptance” or “acknowledgement” and a “critical reflective attitude” and Ross's combination of “motivation” or “feeling” and a “coherent whole of meaning and motivation.” The main conclusion is that the views of norms and normativity put forward in The Concept of Law and On Law and Justice are very close in essential respects, and, more specifically, that the two works are at root identical in their representation of the basis of normativity in reality. (shrink)

One of the most frequently discussed passages from Locke's An Essay Concerning the Human Understanding is that which occurs in IV.vii.9, where he writes:… the Ideas first in the Mind, ‘tis evident, are those of particular Things, from whence, by slow degrees, the Understanding proceeds to some few general ones; which being taken from the ordinary and familiar Objects of Sense, are settled in the Mind, with general Names to them. Thus particular Ideas are first received and distinguished, and so (...) Knowledge got about them: and next to them, the less general, or specifick, which are next to particular. For abstract Ideas are not so obvious or easie to Children, or the yet unexercised Mind, as particular ones. If they seem so to grown Men, ’tis only because by constant and familiar use they are made so. For when we nicely reflect upon them, we shall find, that general Ideas are Fictions and Contrivances of the Mind, that carry difficulty with them, and do not so easily offer themselves, as we are apt to imagine. For example, Does it not require some pains and skill to form the general Idea of a Triangle, for it must be neither Oblique, nor Rectangle, neither Equilateral, Equicrural, nor Scalenon; but all and none of these at once. In effect, it is something imperfect, that cannot exist; an Idea wherein some parts of several different and inconsistent Ideas are put together.I shall not pretend that what Locke is claiming in this passage is wholly clear, nor shall I try to defend the views expressed in it. My intention is to show that what he says here has been widely misinterpreted. It has become common to treat the contents of the passage as aberrant; as presenting a ridiculous variant on his main thesis on abstraction, or that very thesis elaborated with a foolish rhetorical flourish. But what is said in this passage is not something said elsewhere, nor is it an alternative to something said elsewhere. Here, and nowhere else, Locke shows awareness of implications for his doctrine of abstraction, of views he holds about simple ideas. (shrink)

ABSTRACT Public companies in most countries are legally required to publish annual accounts, and these are widely used for making financial decisions. To prevent users of accounts being misled into making disastrous decisions, all major Western countries have introduced controls on the ways accounts are presented. By British and EEC law a company's accounts must give a ‘true and fair view’ of its financial state. It has become widely accepted that if accounts are prepared according to standards drawn up by (...) the accounting profession itself, then they can be considered as being ‘true and fair’. In this paper it is argued that such an interpretation of ‘true and fair’ gives inadequate protection to users. How users' interests might be better protected is discussed. Finally, it is suggested that Rawls’ notion of a ‘veil of ignorance’ could be used to ensure that in the preparation of accounts equal regard is paid to the interests of different types of user. (shrink)

Having known classical wave optics and wave mechanics, can we reverse Schrödinger's path and extend the concept of families of rays of light to provide a new exact rendering of quantum optics including the Bose nature of photons? This question is answered in the affirmative, and the implications of the Bose symmetry for certain nonlocal correlations of the many-ray distribution functions are worked out. The similarities and the differences between classical and quantum wave optics are brought out. The ray-ray Bose (...) correlation is analyzed. The generating functional for the many-ray distribution functions is formulated; and the notion of paraxial illumination for quantum optics is made precise. (shrink)

Articles on life and scholar works of academician Chimidiĭn Zhugder, famous Mongolian philosophy scholar.