The innovative and revolutionary scholarship of the eminent Austrian legal theorist and professor of Roman law, Eugen Ehrlich, is of a very high..

This Article examines the different meanings of Ehrlich’s idea of living law in relation to current debates about legal pluralism. It distinguishes three aspects of Ehrlich’s concept as these have been elaborated in the later literature: "law beyond the law," "law without the state," and "order without law." This retrospective shows that Ehrlich was not principally concerned with defending the rights of ethnic or autonomous communities as such. In taking his work further, it is important to recognize (...) to what extent official and unofficial law are even more interdependent today than in his day. But we may still find his work of relevance to thinking about the normative challenges of plural legalities. (shrink)

Recent histories of American jurisprudence tend to ignore the fact that ideas that appeared in the United States often appeared simultaneously in Europe. Even those works that do not ignore the European context are content with tracing the influence or reception of European thought in America. This article suggests that another possible approach is to compare jurisprudential developments in the United States, Europe, and other places in order to reach more general, sociology-of-knowledge-like insights into the reasons why certain ideas appear (...) at certain times and places. One concrete example is discussed: the rise of an interest in the distinction between formal and "living" law in American and European jurisprudence in the first decade of the twentieth century. This distinction was central to the work of Roscoe Pound in the United States and the work of the Austro-Hungarian legal thinker Eugen Ehrlich. Pound and Ehrlich shared similar personal backgrounds. When they began advocating the study of informal law, both Pound and Ehrlich were teaching law in provincial towns situated on the frontiers of empires. Both towns were marginal places where different cultures clashed and where the legal culture of the center of the empire had only a tenuous hold. Scholars working in such an environment, it is argued, would tend to be more aware of the gap between formal state law and the actual norms governing the daily lives of people than scholars working at the center of an empire. The article offers additional support for this argument by looking at the scholarship of Guido Tedeschi, an Italian-Israeli legal scholar who taught at the Hebrew University of Jerusalem in the 1940s. The article concludes by calling for the study of the history of American jurisprudence from a comparative perspective, taking into account such issues as the interaction between center and periphery and between empire and provinces in more than one national context. (shrink)

The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social (...) anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich. (shrink)

Classical texts of continental legal theorising in Hungarian translation: RUDOLF VON JHERING: Kampf ums Recht [1872] / EUGEN EHRLICH: Freie Rechtsfindung und freie Rechtswissenschaft [1903] / HERMANN KANTOROWICZ: Der Kampf um die Rechtswissenschaft [1906] / RUDOLF STAMMLER: Richtiges Recht [1908] & excerpts from his Theorie der Rechtswissenschaft [1911/1923] & Richtiges Recht [1921] / FRANÇOIS GÉNY: Science et technique en droit privé positif [1924: excerpts] / GUSTAV RADBRUCH: Rechtsphilosophie [1932: excerpts] / HANS KELSEN ‘The Pure Theory of Law and (...) Analytical Jurisprudence’ [1941] & ‘The Law as a Specific Social Technique’ [1941] & ‘Value Judgments in the Science of Law’ [1942] / GUSTAV RADBRUCH ‘Gesetzliches Unrecht und übergesetzliches Recht’ [1946] / ALEXANDRE PASSERIN D’ENTRÈVES ‘Le droit naturel’ [1959] / HANS KELSEN ‘What is Justice?’ [1960] & ‘Positivisme juridique et doctrine du droit naturel’ [1963]. (shrink)

Este trabajo tiene un doble objetivo. En primer lugar, presentar dos paradigmas elaborados por Roberto Esposito y por Eligio Resta para pensar (con) otra racionalidad jurídica: derecho impersonal y derecho viviente. En segundo lugar, situar la genealogía de ambos paradigmas en las reflexiones suscitadas en el primer cuarto del siglo XX con Simone Weil y el debate Hans Kelsen-Eugen Ehrlich. La idea principal es plantear una singularidad jurídica en el interior de la Italian Theory.

The ‘Hart-miracle’, then the ‘Hart-phenomenon’ are analysed through surveying (1) the state of legal philosophising in England preceding Hart, (2) his professional career and (3) the early British reception of his work, including (4) the kinds of criticism as to its methodology and presuppositions as well as (5) its becoming a master type of jurisprudence with Oxford as a centre. Taking it as a mainstream, the continental tradition of encouragement to productive thinking characteristic even of Kelsenism is contrasted with its (...) worldwide reception, by the effect of channelling thinking. Its reception in Hungary with an overview of which trends of legal philosophising of the 20 th century has exerted or failed to exert an impact upon - as echoed by - theorising on law in Hungary is also considered. As concluded, the places in the imaginary Pantheon of 20 th -century legal philosophising occupied by Max Weber and Hans Kelsen (as accompanied by Eugen Ehrlich and Gustav Radbruch who are deemed to have been decisively significant minor masters), representing the first half of the century, are complemented indeed by the places occupied by H. L. A. Hart and Ronald M. Dworkin in representation of the second half of 20 th century. (shrink)

Stereotypes shape inferences in philosophical thought, political discourse, and everyday life. These inferences are routinely made when thinkers engage in language comprehension or production: We make them whenever we hear, read, or formulate stories, reports, philosophical case-descriptions, or premises of arguments – on virtually any topic. These inferences are largely automatic: largely unconscious, non-intentional, and effortless. Accordingly, they shape our thought in ways we can properly understand only by complementing traditional forms of philosophical analysis with experimental methods from psycholinguistics. This (...) paper seeks, first, to bring out the wider philosophical relevance of stereotypical inference, well beyond familiar topics like gender and race. Second, we wish to provide philosophers with a toolkit to experimentally study these ubiquitous inferences and what intuitions they may generate. This paper explains what stereotypes are, and why they matter to current and traditional concerns in philosophy – experimental, analytic, and applied. It then assembles a psycholinguistic toolkit and demonstrates through two studies how potentially questionnaire-based measures can be combined with process measures to garner evidence for specific stereotypical inferences and study when they ‘go through’ and influence our thinking. (shrink)

"Ronald Bruzina’s superb translation... makes available in English a text of singular historical and systematic importance for phenomenology." —Husserl Studies "... a pivotal document in the development of phenomenology... essential reading for students of phenomenology twentieth-century thought." —Word Trade "... an invaluable addition to the corpus of Husserl scholarship. More than simply a scholarly treatise, however, it is the result of Fink’s collaboration with Husserl during the last ten years of Husserl’s life.... This truly essential work in phenomenology should find (...) a prominent place alongside Husserl’s own works. For readers interested in phenomenology—and in Husserl in particular—it cannot be recommended highly enough." —Choice "... a thorough critique of Husserl’s transcendental phenomenology... raises many new questions.... a classic." —J. N. Mohanty A foundational text in Husserlian phenomenology, written in 1932 and now available in English for the first time. (shrink)

The paper builds on a methodological idea from experimental philosophy and on findings from psycholinguistics, to develop and defend ordinary language analysis (OLA) as practiced in J.L. Austin’s Sense and Sensibilia. That attack on sense-datum theories of perception focuses on the argument from illusion. Through a case-study on this paradoxical argument, the present paper argues for a form of OLA which is psychologically informed, seeks to expose epistemic, rather than semantic, defects in paradoxical arguments, and is immune to the main (...) objections to ordinary language philosophising, including those arising from the semantic/pragmatics distinction: A key project in current experimental philosophy is to develop psychological explanations of philosophically relevant intuitions that help us determine what warrant thinkers have for accepting them. Psycholinguistic work on the role of stereotypes in verb-comprehension has shown that intuitive judgments can be generated by automatic cognitive processes that duplicate both semantic and pragmatic inferences and are shaped by dominant uses of words. For systematic reasons, philosophers are prone to unwittingly deviate from such dominant uses. Where this happens, they are liable to automatically infer unwarranted conclusions that strike them as intuitively compelling. OLA helps us to determine those dominant uses, to identify unwitting deviations from them, and thus to expose unwarranted intuitions – e.g., in the premises of paradoxical arguments. Ordinary language does not determine the bounds of sense but shapes our leaps of thought. The paper shows how this enables its ‘Austinian’ analysis to contribute to a novel, epistemic, resolution of philosophical paradoxes and problems. (shrink)

The paper presents a novel account of nature and genesis of some philosophical problems, which vindicates a new approach to an arguably central and extensive class of such problems: The paper develops the Wittgensteinian notion of ‘philosophical pictures’ with the help of some notions adapted from metaphor research in cognitive linguistics and from work on unintentional analogical reasoning in cognitive psychology. The paper shows that adherence to such pictures systematically leads to the formulation of unwarranted claims, ill-motivated problems, and pointless (...) theories. To do so, the paper proceeds from a case-study on a lastingly influential development in early modern philosophy: the adoption of the doctrine of secondary qualities, and its principal consequences. The findings motivate a new approach to an arguably extensive and important class of philosophical problems: to the problems we raise in the grip of philosophical pictures. (shrink)

The paper develops and addresses a major challenge for therapeutic conceptions of philosophy of the sort increasingly attributed to Wittgenstein. To be substantive and relevant, such conceptions have to identify “diseases of the understanding” from which philosophers suffer, and to explain why these “diseases” need to be cured in order to resolve or overcome important philosophical problems. The paper addresses this challenge in three steps: With the help of findings and concepts from cognitive linguistics and cognitive psychology, it redevelops the (...) Wittgensteinian notion of “philosophical pictures.” Through a case study on seminal versions of familiar mind-body problems, it examines how such pictures shape philosophical reflection and generate ill-motivated but captivating problems. Third, it shows that philosophical pictures are constitutive of “diseases of the understanding,” in a quite strict sense of the term. On this basis, the paper explains when and why philosophical therapy is required. (shrink)

In a large and detailed survey on the ethics of scientific coauthorship, members of the American Physical Society (APS) were asked to judge the number of appropriate coauthors on his or her last published paper. Results show that the first or second coauthor are more appropriate than later coauthors about whom there is equal and considerable doubt. The probability of any third and subsequent coathors being judged as inappropriate is 23% for the APS guideline, 67% for the tighter guideline of (...) the International Committee of Medical Journal Editors, 59% if the guideline requires “direct contributions to scientific discovery or invention”. Only 3% of respondents report having personally rejected an undeserving scientist who expected to be an author on the last published paper. Respondents seem to be divided into two non-overlapping populations—those who report no inappropriate coauthorship and those who have a more graduated view. (shrink)

Conceptul de dreptate socială este unul dintre cele mai controversate concepte ale filosofiei politice. Foarte puține aspecte legate de acest concept nu sunt înconjurate de controverse și dezbateri argumentative. Unele dintre cele mai importante astfel de controverse sunt cele legate de definirea, de specificarea și de legitimitatea lui. Prima este, în esență, o controversă în privința răspunsului la următoarea întrebare: care este conceptul care surprinde cel mai bine trăsătura fundamentală a dreptății și nedreptății sociale? A doua este o controversă în (...) privința exigențelor sau a principiilor „corecte” ale dreptății sociale. În sfărșit, a treia este o controversă pe marginea acceptabilității conceptului de dreptate socială. În studiul de față prezint pe scurt principalele idei, poziții și argumente invocate de filosofii politici recenți în cadrul fiecăreia dintre aceste controverse. (shrink)

Conceptual metaphors facilitate both productive and pernicious analogical reasoning. This article addresses the question: When and why does the frequently helpful use of metaphor become pernicious? By applying the most influential theoretical framework from cognitive psychology in analysing the philosophically most prominent example of pernicious metaphorical reasoning, we identify a philosophically relevant but previously undescribed fallacy in analogical reasoning with metaphors. We then outline an explanation of why even competent thinkers commit this fallacy and obtain a psychologically informed ‘debunking’ explanation (...) of the kind experimental philosophy’s ‘sources project’ seeks. (shrink)

Anticipating the ethical impact of emerging technologies is an essential part of responsible innovation. One such emergent technology is the digital twin which we define here as a living replica of a physical system. A digital twin combines various emerging technologies such as AI, Internet of Things, big data and robotics, each component bringing its own socio-ethical issues to the resulting artefacts. The question thus arises which of these socio-ethical themes surface in the process and how they are perceived by (...) stakeholders in the field. In this report we present the results of a qualitative study into the socio-ethical benefits and socio-ethical risks of using digital twins in healthcare. Employing insights from ethics of technology and the Quadruple Helix theory of innovation, we conducted desk research of white literature and 23 interviews with representatives from the four helixes: industry, research, policy and civil society. The ethical scan revealed several important areas where the digital twin can produce socio-ethical value but also several important areas of socio-ethical risks. We conclude with a reflection on the employed analytical tool and suggestions for further research. (shrink)

This paper empirically raises and examines the question of ‘conceptual control’: To what extent are competent thinkers able to reason properly with new senses of words? This question is crucial for conceptual engineering. This prominently discussed philosophical project seeks to improve our representational devices to help us reason better. It frequently involves giving new senses to familiar words, through normative explanations. Such efforts enhance, rather than reduce, our ability to reason properly, only if competent language users are able to abide (...) by the relevant explanations, in language comprehension and verbal reasoning. This paper examines to what extent we have such ‘conceptual control’ in reasoning with new senses. The paper draws on psycholinguistic findings about polysemy processing to render this question empirically tractable and builds on recent findings from experimental philosophy to address it. The paper identifies a philosophically important gap in thinkers’ control over the key process of stereotypical enrichment and discusses how conceptual engineers can use empirical methods to work around this gap in conceptual control. The paper thus empirically demonstrates the urgency of the question of conceptual control and explains how experimental philosophy can empirically address the question, to render conceptual engineering feasible as an ameliorative enterprise. (shrink)

In this paper I analyze a view that is increasingly spreading among philosophers and even physicians. Many of them believe that it is right to apply the principle of responsibility for illness in the allocation of health care. I attempt to show that this idea is unacceptable.

Abstract Eric Hobsbawm's Nations and Nationalism since 1780 effectively describes the novelty and artificiality of the modern nation and nation?state, emphasizing the role that cultural and political elites have played in constructing nations, especially through nationally homogeneous schools and partly invented national traditions and histories. By defining nationalism as the congruence between nation and state, however, Hobsbawm gives insufficient attention to the sense in which nationalism goes beyond national patriotism to express chauvinism, xenophobia, and paranoia. He is also too sanguine (...) about the ethnic conflicts that will inevitably arise in the multilingual societies he endorses. (shrink)

Explanation is usually taken to be a relation between certain entities. The aim of this paper is to discuss what entities are suitable as explanatory relata of singular causal explanations, i.e., explanations concerning singular causality relating particular events or other appropriate entities. I outline three different positions. The purely causal approach stipulates that the same entities that are related in the singular causal relation are also linked by the explanatory relation. This position, however, has a problem to distinguish between causation (...) and explanation, two distinct relations allegedly obtaining between the same entities. The linguistic approach states that explanatory relata are linguistic entities of some sort, e.g., statements, propositions, etc. There are various versions of this position. I deal with two of them and try to show that they are unsatisfactory because they transform explanation into some other type of relation. On the first version, explanation is very close to interpretation or clarification of intension and on the second version it seems to be indistinguishable from an evidential relation or justification. I consider these transformations in understanding explanation unnecessary, and consequently reject linguistic views of explanatory relata. The most promising proposal concerning explanatory relata seems to be the mixed view, according to which propositions explain events or other fitting extra-linguistic entities. (shrink)

This paper tries to show how the Fregean semantic framework, especially the notions of sense and tone, can be used to explain certain features of history. Following Michael Dummett's interpretation of Gottlob Frege's notion of meaning, it is possible to conceive of historical works as proposing particular modes of presentation of past events. In fact, alternative historical works about the same past events could be viewed as differing in what sense and tone they express. In this paper, I first outline (...) some of the points and distinctions made by Frege. Second, I examine how the notions of sense, reference, and tone can be applied in semantic analysis of historical work. Finally, I point to a certain similarity between the Fregean framework and some of the views presented in the recent philosophy of history. My account suggests how to make use of some of the classical insights of Frege when dealing with the semantic issues of historical work. (shrink)

Lately, more and more authors have asserted their belief that one of the criteria which, together with the medical ones, can and should be applied in the policy of selecting and/or prioritizing the patients in need for the allocation of medical resources with limited availability, is the principle of individual responsibility for illness. My intention in this study is to highlight some very serious obstacles looming against the attempt to apply this principle in the distribution of the medical services with (...) limited availability. Although there are numerous such obstacles, I shall only discuss five of them (the most important, in my opinion). These are: 1) the impossibility to establish with certainty whether a patient got ill due to his lifestyle; 2) the lack of a feasible and reliable method of establishing an individual’s responsibility for his lifestyle; 3) a patient’s right to privacy; 4) some moral requirements and principles and, last but not least, 5) the ethics of the medical profession. (shrink)

Un articol cu un asemenea titlu pare să nu mai aibă nevoie de precizări referitoare la obiectivul său. Ce alt obiectiv aş putea avea decât acela de a răspunde la întrebarea din titlu? Principalul meu scop este, într-adevăr, definirea şi prezentarea cât mai exhaustivă a tezelor multiculturalismului (în limitele de spaţiu de care trebuie să ţin seama în cadrul articolului). Am în vedere, trebuie menționat, doar multiculturalismul ca teorie politică normativă, nu şi multiculturalismul ca multiculturalitate sau pluralism cultural, ca prezenţă (...) pe teritoriul unui stat a mai mult de o comunitate culturală (etnică, naţională, religioasă) care doreşte să-şi protejeze identitatea, valorile şi practicile pe care le împărtăşeşc membrii săi. (shrink)

How is it that speakers can get to know the meaning of any of indefinitely many sentences they have never encountered before? - the 'problem of linguistic creativity' posed by this question is a core problem of both philosophy of language and theoretical linguistics, and has sparked off a considerable amount of work in the philosophy of mind. The book establishes the failure of the familiar - compositional - approach to this problem, and then takes a radically new start: It (...) develops core elements of the later Wittgenstein's conception of philosophy, and puts them to work to 'dissolve' the problem to prove it ill-framed by clarifying the questions posing it and breaking the spell of mistaken analogies informing it. This sharply focused monograph thus copes with a crucial problem that turns out to be a lot tougher than generally thought, and presents a precise and rigorous demonstration of an unfamiliar and exciting philosophical approach. (shrink)

The paper clarifies therapeutic ideas about philosophical method which Wittgenstein puts forward in his "Big Typescript". It does so by analysing how Wittgenstein treats the question 'What is meaning?', in that part of the same work from which the opening sections of his "Philosophical Investigations" derive. On this basis, the paper explains why Wittgenstein set himself a therapeutic goal, why this is reasonable, and how he sought to attain that goal without 'pronouncing new truths about the subject of the investigation', (...) viz. meaning. (shrink)

La démarche tient d'une « science de l'entre-deux » à la recherche de l'intervalle qui permettra de déchiffrer l'opposition de termes contraires et faire résonner leur fonction corrélative.