The distinction between norms and norm-formulations commits legal theorists to treating legal norms as entities. In this article, I first explore the path from meaning to entities built by some analytical philosophers of language. Later, I present a set of problems produced by treating norms as entities. Whatever type of entities we deal with calls for a clear differentiation between the identification and individuation criteria of such entities. In the putative case of abstract entities, the differentiation collapses. By changing the (...) notions of the intension and extension of words by extensional and intensional aspects of what we talk about, I outline a methodological programme for Law and Legal Theory. That programme is based in the identification of normativity. (shrink)

La distinción entre normas y formulaciones normativas lleva a los teóricos del derecho a tratar las normas jurídicas como entidades. En este artículo la autora explora el recorrido transitado por algunos filósofos analíticos del lenguaje, que va desde una noción de significado hasta la necesidad de entidades. Después, presenta un conjunto de problemas producidos al considerar las normas entidades. Sea cual sea el tipo de entidad que consideremos tiene que ofrecerse una distinción clara entre criterios de identificación y de individualización. (...) En el supuesto caso de las entidades abstractas la distinción se disuelve. A través de una sustitución de las nociones de intensión y extensión de las palabras, por las nociones de aspectos intensionales y extensionales de aquello de lo que hablamos, la autora bosqueja un programa metodológico para el derecho y la Teoría Jurídica. El programa se basa en un proceso dinámico de identificación de normatividad. (shrink)

Za pretpostaviti je da identitet, čak ukoliko ga se i provizorno fiksira, biva promatran kao nestabilna, socijalno uvjetovana kategorija, označena i prepoznata ovisno o preraspodijeljenosti moći i trenutnim diskurzivnim relacijama. Pretpostavka teksta jest da se problematika identiteta promišlja kroz konfliktan suodnos dominantno i marginalno pozicioniranih društvenih aktera. Kontekstualizirano unutar ovakve dualne distribucije moći, aplikativni dio teksta tematizira temu proučavanja problematike identiteta u dva različita društvena diskursa . Pritom, film se promatra kao medij popularne kulture, dok bitan segment znanstveno-teorijskog pristupa temi (...) koji omogućuje raspravu pripada domeni kulturne kritike.Inicijalno zadirući u sferu estetskog, tekst započinje primjerima iz teorije prakse. Tiče se inkorporiranosti filmskih sadržaja u osobne identifikacijske procese svakodnevnog života. Praktična pretpostavka jest: budući da se relevantnost kinematografije u velikoj mjeri očituje u dostupnosti plasiranih sadržaja, sam film se tako predstavlja kao privatni i kolektivni itinerar kulturnih znanja i putokaz življenom iskustvu.Teorijski se pak dio priče odnosi na prenošenje znanja specijaliziranim kodovima koje potvrđuje činjenicu disciplinarnog zatvaranja kao identifikacijskog procesa. Ukoliko pretpostavimo da je inicijalna tendencija prepoznavanja, uspostave i upisivanja identiteta u matricu svakodnevice oblik kritičkog djelovanja, utoliko se s pravom možemo pitati postoji li nešto što možemo zvati paradoksom uspostavljanja identiteta? I ukoliko postoji, sabotira li zapravo taj paradoks vlastitu inicijalnu tendenciju, a ta je, ponovimo to – djelovanje? Zaključak sugerira dijalektički i interdisciplinarni pristup problematici čiji su cilj etički i politički korektnije politike predstavljanja. Preciznije, umjesto danas razvidnih i dominirajućih perpetuiranih reprezentiranja manipuliranog znanja, ovaj rad nastoji otvoriti mogućnosti za samoartikulacije i samoprezentiranja različitih identifikacijskih pozicija.It is procurable to postulate that identity as such, even if tentatively fixed, is being beheld as an unstable, socially conditioned category, marked and recognized depending on the distribution of power and current discourse relations. The assumption of this text is the politics and the problematic of identity viewed through the conflict nature of the dominantly and marginally positioned relation of social actors. Contextualized throughout this binary distribution of power, the applicable part of this text introduces the subject of identity studies and the problematic it beholds within identity itself in two different social discourses . In this perspective, the film is seen as the media of popular culture, while the important part of scientifically-theoretical access to the subject which allows debate, is in the domain of cultural critique.Interfering initially in the domain of esthetics, the text begins with examples in theory of practice. It concerns embeddedness of the film epitome into personal identification processes of everyday life. The practical assumption is: given the fact the relevancy of cinematography is broadly shown in the availability of the placed substance, the film itself is presented as a private and a collective itinerary of cultural knowledge and a signpost for lived experience.The theoretical part of the story relates to the transfer of knowledge using specialized codes while confirming the fact of disciplinal closure as well as the identification process. If we were to assume that the initial tendency of recognition, establishment and inscription of identity into the matrix of everyday life is indeed a form of critical action, than it is right to ask if there is a thing that could be called the paradox of establishing identity. And, if there is indeed such a thing, is this paradox actually sabotaging its own initial tendency – that being – acting? Conclusion suggests dialectical and interdisciplinary approach to the problematic which aims to the more correct politics of representation, both in ethical and political sense. More precisely, this text tries to open the possibilities of self-articulation and self-representation of different identification positions instead of nowadays apparent and dominate representations of manipulated knowledge. (shrink)

Avtor teksta reflektira nekatera najprodornejša teoretska izhodišča kritikov koncepta evropskega humanizma kot nekonfliktnega etičnega načela. Obenem na primeru tematizacije odnosa multikulturalizma in interkulturalizma napeljuje na nekatere ključne točke v povzemanju rasističnega diskurza visokega humanizma v tipični lokalni in periferni vsebini. Avtor opozarja na orientalizacijo govorice lokalnega sistema na robu balkanskega spopada. V prvi vrsti gre za opozorilo na tipično reakcijo majhnega sistema na periferiji entitete, katere stalna avto-rekonstrukcija in avtoinvencija že dve tisočletji ostalemu svetu sporočata, da so evropske vrednote in (...) resnica univerzalne. (shrink)

James A. Diefenbeck, Wayward Reflections on the History ofPhilosophyThomas R. Flynn Sartre, Foucault and Historical Reason. Volume 1:Toward an Existential Theory of HistoryMark Golden and Peter Toohey Inventing Ancient Culture:Historicism, Periodization and the Ancient WorldZenonas Norkus Istorika: Istorinis IvadasEverett Zimmerman The Boundaries of Fiction: History and theEighteenth‐Century British Novel.

From the Supreme Court to the bedroom, privacy is an intensely contested interest in our everyday lives and privacy law. Some people appeal to privacy to protect such critical areas as abortion, sexuality, and personal information. Yet, privacy skeptics argue that there is no such thing as a right to privacy. I argue that we cannot abandon the concept of privacy. If we wish to avoid extending this elusive concept to cover too much of our lives or shrinking it to (...) cover too little, we must come to understand it. After exploring the privacy arguments of philosophers and constitutional and tort privacy law, I argue for a new definition of privacy and an explanation of its value that clarifies and resolves many of our conflicts. Privacy is critical because it allows us to protect a realm in which we can have intimate relations with others. (shrink)

The greatest wish of the Baeda l people, or South Koreans, living in the Korean Peninsula is the unification of Korea. However, even when it has been 70 years since the outbreak of the Korean War, the two Koreas that used to be one nation are still in conflict. There have been many discourses on unification over the past 70 years, but these discourses still fail to create clear rules and a framework for unification. Discourses from the perspective of biblical (...) theology offer insight regarding the problems at stake as well as alternatives, but they do not offer perspectives on a definite solution. This article, in line with its statement on biblical theology, does not pretend to contribute to a clear-cut solution to meet the challenge of Korea’s unification. Rather, this article intends to contribute to the formation of an emotional consensus that can contribute to the unification of Korea by looking at the teachings about peace in the Gospel of Matthew. The article explores whether the notion of embracement, forgiveness and love written during the conflict between the Matthean community and Formative Judaism can be applied to help create an emotional bond between the two Koreas. The terms embracement, forgiveness and love found in the Gospel of Matthew are upheld as symbolising peace derived from opposition and conflict. Jesus taught us to overcome situations of opposition and conflict through embracement, forgiveness and love.Contribution: The purpose and contribution of this article was to discuss if the notions of embracement, forgiveness and love found in the Gospel of Matthew can be helpful for the emotional preparation of the peaceful unification of the Korean Peninsula by comparing the situations reflected in the Gospel of Matthew and that of the Korean Peninsula. (shrink)

In the past 20 years, the concept of instinct has been discussed in respect to various disciplines such as evolutionary biology, evolutionary psychology, linguistics, ethics, aesthetics, and phenomenology, etc. However, the meaning of instinct still remains unclarified in many respects. In order to overcome this situation, it is necessary to elucidate the genuine meaning of instinct so that the discussion of instinct in these disciplines can be carried out systematically. The objective of this paper is to establish the genuine concept (...) of instinct on the basis of a phenomenological criticism of A. Gehlen’s theory of instinct-reduction. Moreover, it seeks to show that this concept is the genetic origin of the embodied consciousness. According to Gehlen, instinct is defined as Instinkthandlung. However, this definition of instinct is problematic in the formal logical sense, since the definiendum is already included in the definiens. Moreover, it faces different kinds of serious material problems. Criticizing Gehlen’s theory of instinct systematically, I will show that instinct should be redefined as “the innate living force that urges a species of living being to pursue a certain kind of object,” and I will attempt to clarify this definition of instinct in a more detailed manner by offering 11 points. Thereafter, I will argue that Gehlen’s theory of instinct-reduction has to be replaced by the theory of instinct-enlargement in human beings. Finally, I will point out that the genuine concept of instinct is nothing other than the genetic origin of the embodied consciousness. (shrink)

이 논문은 현대 사회의 절망이라는 현상에 주목하면서 실존적 의미에서의 인간의 절망이란 무엇이고 절망의 근본 원인이 무엇인지 살펴보고, 이를 통하여 이러한 절망을 어떻게 극복할 수 있는가에 대하여 논의한다. 불안과 절망이라는 중요한 철학적 심리학의 주제에 관하여 키에르케고어는 그의 저서인 『불안의 개념』과 『죽음에 이르는 병』에서 인간이 근본 조건으로서의 불안과 절망을 경험할 수밖에 없는 근거를 해명하고자 했다. 본 연구에서는 키에르케고어의 이해에 바탕한 불안과 절망에 대한 이론적 고찰로부터 현대 사회에서 인간이 겪는 구체적인 형태의 절망을 철학적으로 어떻게 바라볼 수 있는지를 논의한다. 나아가 현대 사회에서 인간이 경험하는 (...) 절망을 철학상담의 관점에서 재해석하고, 이를 토대로 ‘공감적 대화’와 ‘초월’이라는 철학상담의 기법을 통해 이들이 자신이 마주한 절망을 극복하도록 도울 수 있는 가능성을 제시한다. (shrink)

After the French Revolution, the codification movement led to the introduction of the Dutch Civil Code and the Commercial Code of 1838. These codifications were generally regarded as the bedrock of a dogmatic system in which little space was left for customs and customary law. Mercantile jurists, such as Holtius and Levy, were opponents of the legalistic approach of the new codifications. They tried to separate mercantile law from civil law in order to protect mercantile law from excessive legalistic influences. (...) According to them, mercantile law was characterised by internationality, custom as its main source of law, continuity through an extended mercantile legal history and by good faith and mutual trust between the merchants. Out of these, the historicity and homogeneity of a strong community of merchants are particularly in line with a traditional and conservative view on society. Holtius and Levy, however, had little in common with their Christian-conservative contemporaries. On the one hand, they rather seemed to foreshadow the kind of liberal-conservatism as expressed by Hayek during the 20th century. On the other hand, their ideas have much in common with different lex mercatoria –traditions developed by authors as Goldman and Schmitthoff. On the aspects of historicity and internationality Holtius and Levy seem to have much in common with Hayek whereas concerning communality and the legal nature of customary law there are more similarities with the lex mercatoria-traditions. (shrink)

A preference method probed infants` perception of object motion on an inclined plane. Infants viewed videotaped events in which a ball rolled downward (or upward) while speeding up (or slowing down). Then infants were tested with events in which the ball moved in the opposite direction with appropriate or inappropriate acceleration. Infants aged 7 months, but not 5 months, looked longer at the test event with inappropriate acceleration, suggesting emerging sensitivity to gravity. A further study tested whether infants appreciate that (...) a stationary object released on an incline moves downward rather than upward; findings again were positive at 7 months and negative at 5 months. A final study provided evidence, nevertheless, that 5-monthold infants discriminate downward from upward motion and relate downward motion in videotaped events to downward motion in live events. Sensitivity to certain effects of gravity appears to develop in infancy. (shrink)

Kant's epistemology and the Buddhist philosophy are an idealism. But these two different philosophies have in themselves the contradictory element, namely the element of the outer sense of bodies and of the inner mind. Although Kant's transcendental idealism and the school Vijnanavadin (唯識學派) acknowledge only the representations and the consciousnesses., the mind need to be affected by the outer part. In Kant's theoretical philosophy the outer sense of bodies plays an alien role. It stands outside the subject. In spite of (...) this, the subject have to relate itself to the outer element. And in the Buddhism, in order to have consciousnesses, the subject have to be transformed from the fundamental ground, the Alayavijnana (第8 識). But the Alyavijnana need to have a certain moment in order to be transformed. In my paper I have concentrated myself on the problem of relation of the mind to the matter. I have tried to see into the way in which these two philosophies develop this relation. Moreover I am also interested in the problem in relation to the theoretical, practical, and aesthetical fields. (shrink)

In the contemporary intellectual scene, one prominent question is this, what made science and its success possible? One tempting strategy for dealing with this question as a philosopher of science is to use science (or more broadly, empirical inquiry) and its methods to investigate the nature of science and its success. This strategy is what used to be called naturalism. For a philosopher of science, it amounts to naturalizing her philosophical inquiry for understanding the nature of science and its success. (...) The project of naturalizing philosophy of science has not been without its own problems. Some of the concerns are as follows. Willphilosophy of science maintain its traditional normative character after going through the process of naturalization? If it does, what form(s) will its normative content take? Can that normative content be secured without appealing to methods other than those usually used in empirical inquiries? In this essay, I will call these issues collectively the problem of normativity. First of all, I’ll look into the two most representative attempts to naturalize philosophy of science, namely L. Laudan’s and R. Giere’s attempts, focusing on the views that could be taken as their answers to the questions constituting the problem of normativity. Then I’ll examine these views in the light of some prominent criticisms and potential problems, and argue that some of those views could be defended by developing one or other additional conceptual arsenals but still others need to be curbed down admitting the apparent weaknesses of their supporting arguments. This reevaluative process will give us a better idea about what have been achieved by the attempts to naturalize philosophy of science and what their limitations are. (shrink)

This paper presents its author's famous distinction between globalization, as the process or vehicle by which ideas, habits and worldviews travel from one culture to another and are transformed in the process, and mundialization, as the taking in of the outside world into our own lifeworlds, a process by which the ideas and customs of other cultures are transported into our homeworlds. In this process, what was once strange and unfamiliar is transformed into something comfortable and familiar. This is the (...) process that is generally known as cultural assimilation, and by virtue of which the boundaries of our individual homeworlds become constantly widened. Examining this phenomenon, which he calls the 'mundialization of home', leads the author to sketch the main features of a possible transcultural moral world. (shrink)

Scandals involving celebrities’ moral transgressions are common in both Western and Eastern cultures. Existing literature, however, has been primarily based on Western cultures. We examine differences between South Korea and the United States in consumers’ support for celebrities engaged in moral transgressions and for the brands they endorse. Across six studies, we find that Korean consumers show lower support for celebrities who engaged in moral transgressions. This effect occurs because Korean consumers have a stronger belief that an individual’s competence and (...) morality are interconnected. Thus, Korean consumers are less likely to separate their judgments of celebrities’ morality and competence in professional performance, thereby lowering support for the celebrities. Building on the proposed mechanism, we identify the moderating role of transgression relevance. When a moral transgression is relevant to the domain of the celebrity’s professional competence, the difference in celebrity support between the two countries is attenuated. This difference extends to the support for a brand endorsed by the celebrity transgressor when the brand retains the celebrity endorser, but not when the brand dismisses the endorser. (shrink)