It is important to understand how the cultural background, the age and the gender influence the expectations towards social robots. Although past works studied the user adaptation for some months, the users with multiple years of ownership were not subjects of any experiment to compare these criteria over the years. This exploratory research examines the owners of the discontinued Sony AIBO because these robots have not been abandoned by some enthusiastic users and they are still resold on the secondhand market. (...) 78 Sony AIBO owners were recruited online and their quantitative data were analyzed by four independent variables, user contribution and model preference points of view. The results revealed the motives to own these robots for years and how the heavy users perceived their social robots after a long period in the robot acceptance phase. (shrink)

Global climate change and modernization efforts in the Soviet era have affected the relationship between humans and lakes in Northeast Siberia and have compelled local Sakhas to perceive and renego...

Conventional theories of government formation have assumed that the coalition formation process starts after legislative elections are over and the distribution of parliamentary seats becomes common knowledge. This perspective, however, ignores the important constraints that the formation of electoral coalitions may exert on the formation of the government. This article argues that the electoral system of Hungary provides very strong incentives for political parties to build electoral coalitions, which are also identified as alternative governments before the electorate.

La 4e de couverture indique : "The author introduces the reader to reasoning in law through the possilities, boundaries and traps of assuming personal responsibility and impersonal pattern adoption that have arisen in the history of human thought and in the various legal cultures. He discloses actual processes hidden by the veil of patterns followed in thinking, processes that we encounter both in our conceptual-logical quests for certainties and in the undertaking of fertilising ambiguity. When trying to identify definitions lurking (...) behind the human construct of facts, nitons, norms, logic, and thinking, or behind the practice of giving meanings, he discovers tradition in our presuppositions, and our world-view and moral stance in our tacit agreements. Recognising the importance of the role communication plays in shaping society, he describes our existence and institutions as self-regulating processes. Since law is a wholly social venture, we not only take part in its oeuvre with our entire personality, but are also collectively responsible for its destiny. In the final analysis, anything can be qualified as 'legal' or 'non-legal' in one or another recognised sense in which law can originate, but, as a relative totality, it can only be qualified as 'more legal' or 'less legal' in any combination of the above senses. Being formed in an uninterrupted process, neither the totality nor particular pieces of law can be taken as complete or unchangeably identical with itself. Therefore law can only be identified through its motions and computable states of 'transforming into' or 'withdrawing from' the distinctive domain of the law. Thereby both society at large and its legal professionals actually contribute to -by shaping incessantly- what presents itself as ready-to-take, according to the law's official ideology. For our initation, play, role-undertaking and human responsibility lurk behind the law's formal mask in the backstage. Or, this equals to realise that all we have become subjects from mere objects, actors from mere addressees. And despite the variety of civilisational overcoasts, the entire culture of law is still exclusively inherent in us who experience it day to day. We bear it and shape it. Everything coventional in it is convenctionalised by us. It has no further existence or effect bexond this. And with its existence inherent in us, we cannot convey the responsibility to be born for it on somebody else either. It is ours in its totality so much that it cannot be torn out of our days or acts. It will thus turn into what we guard it to become. Therefore we must take care of it at all times since we are, in many ways, taking care of our own". (shrink)

Marshall et al. (2024) identify a potential ethical conflict between the principles of beneficence and respect for patient autonomy when patients refuse to remain in an emergency department (ED) fo...

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Scientific socialism as developed by the Social Democratic Party of Germany, the world's largest workers' party, and the Second International, basically a creation of German socialists, viewed utopianism as empirically unverifiable. The publication, wide circulation, and enormous success in Germany of Edward Bellamy's Looking Backward therefore posed a strong challenge to the leaders of the SPD, Karl Kautsky and August Bebel, and it attracted their criticism on several occasions. Such high-level condemnations of Bellamy call for an explanation. The SPD, freshly (...) out of illegality in 1890, scored a decisive victory over Bismarck, and the party's big electoral gains led to utopian hopes among the rank and file. In this expectant milieu, Looking Backward was interpreted as a model for immediate action. However, socialist leaders saw it differently. Kautsky and Bebel reasoned that the immediatism of the American utopia flagrantly violated the ineluctable tendencies of history, recklessly rushed historical destiny, and put the achievements of the socialists at risk. It was not without irony that Kautsky found the absence of utopianism one of the SPD's greatest accomplishments. It was into this utopian vacuum that right-wing futuristic blueprints increasingly moved, portraying Caesaristic leadership, interclass harmony, world power, and racial exclusivity to a rapidly expanding audience. By rejecting future gazing, as exemplified by their rebuff of Looking Backward, socialist leaders failed to wage an extended cultural campaign for hegemonic influence over sectors other than the working class. Their claim that they essentially had no ideals to realize and their adherence to the strategy of fatalistic waiting for the collapse of capitalism came at a high price, as their inaction in face of and even support of colonialism and World War I would reveal. (shrink)

Scientific socialism as developed by the Social Democratic Party of Germany, the world's largest workers' party, and the Second International, basically a creation of German socialists, viewed utopianism as empirically unverifiable. The publication, wide circulation, and enormous success in Germany of Edward Bellamy's Looking Backward therefore posed a strong challenge to the leaders of the SPD, Karl Kautsky and August Bebel, and it attracted their criticism on several occasions. Such high-level condemnations of Bellamy call for an explanation. The SPD, freshly (...) out of illegality in 1890, scored a decisive victory over Bismarck, and the party's big electoral gains led to utopian hopes among the rank and file. In this expectant milieu, Looking Backward was interpreted as a model for immediate action. However, socialist leaders saw it differently. Kautsky and Bebel reasoned that the immediatism of the American utopia flagrantly violated the ineluctable tendencies of history, recklessly rushed historical destiny, and put the achievements of the socialists at risk. It was not without irony that Kautsky found the absence of utopianism one of the SPD's greatest accomplishments. It was into this utopian vacuum that right-wing futuristic blueprints increasingly moved, portraying Caesaristic leadership, interclass harmony, world power, and racial exclusivity to a rapidly expanding audience. By rejecting future gazing, as exemplified by their rebuff of Looking Backward, socialist leaders failed to wage an extended cultural campaign for hegemonic influence over sectors other than the working class. Their claim that they essentially had no ideals to realize and their adherence to the strategy of fatalistic waiting for the collapse of capitalism came at a high price, as their inaction in face of and even support of colonialism and World War I would reveal. (shrink)

In this paper we discuss the definitional problems of altered states of consciousness and their potential relevance in phenomenological investigation. We suggest that visionary states or visionary phantasy working induced by psychedelics, as extraordinary types of altered states, are appropriate subjects for phenomenological analysis. Naturally, visionary states are not quite ordinary workings of the human mind, however certain cognitive psychological and evolutionary epistemological investigations show that they can give new insights into the nature of consciousness. Furthermore, we suggest that contemporary (...) inquiries concerning altered states in consciousness studies give an opportunity to complete the contemporary phenomenological investigations of phantasy with the notion of visionary phantasy. Here we propose that the similarities and differences between Dieter Lohmar’s weak phantasy and Benny Shanon’s concept of vision are precisely discernible, and, consequently, it may be possible that weak phantasy and visionary phantasy are situated on the two outermost poles of the colorful spectrum of phantasy activity. (shrink)

Benjamin Constant and Jean-Jacques Rousseau were both Swiss-French political thinkers who had a significant influence on the subsequent development of political thought. Constant is known not only as a political philosopher but also as an active politician, who today is considered one of the founding fathers of liberalism. Rousseau, in turn, is considered one of the most controversial thinkers of the Enlightenment, who has been accused of laying the foundation for many revolutionary political movements and repressive regimes. The main objective (...) of this work is to illustrate Benjamin Constant’s liberal objections to the political philosophy of Jean-Jacques Rousseau. First, it is important to focus on Rousseau’s main ideas for the full disclosure of the topic. Likewise, it is also crucial to take into account the historical context, which will be useful for understanding the motives for the formation of Constant’s liberal views. Thus, in the first part of the work, we will briefly consider the main concepts developed by Rousseau in his book, The Social Contract, such as popular sovereignty, the state of nature, and direct democracy. In the second part, we will analyze the main political concepts of Constant and his critique of Rousseau, based on his books The Liberty of the Ancients Compared with that of the Moderns and Principles of Politics Applicable to All Governments. (shrink)

A review of Günter Figal´s Erscheinungsdinge. Ästhetik als Phänomenologie (Tübingen: Mohr Siebeck, 2010, xii + 304 pp. ISBN 978-3-16-150515-7).

This paper tracks the commitments of mechanistic explanations focusing on the relation between activities at different levels. It is pointed out that the mechanistic approach is inherently committed to identifying causal connections at higher levels with causal connections at lower levels. For the mechanistic approach to succeed a mechanism as a whole must do the very same thing what its parts organised in a particular way do. The mechanistic approach must also utilise bridge principles connecting different causal terms of different (...) theoretical vocabularies in order to make the identities of causal connections transparent. These general commitments get confronted with two claims made by certain proponents of the mechanistic approach: William Bechtel often argues that within the mechanistic framework it is possible to balance between reducing higher levels and maintaining their autonomy at the same time, whereas, in a recent paper, Craver and Bechtel argue that the mechanistic approach is able to make downward causation intelligible. The paper concludes that the mechanistic approach imbued with identity statements is no better candidate for anchoring higher levels to lower ones while maintaining their autonomy at the same time than standard reductive accounts are, and that what mechanistic explanations are able to do at best is showing that downward causation does not exist. (shrink)

One of the debated issues regarding Residual Normality (RN) is frequency sensitivity in Williams syndrome (WS). We present some data on frequency sensitivity in Hungarian WS subjects. Based on vocabulary measures, we suggest that instead of the across-the-board frequency insensitivity proposed by some, a higher frequency threshold characterizes these subjects’performance. Results from a category fluency task show that whereas frequency sensitivity in WS is in line with controls, error patterns imply a qualitatively distinct, looser categorical organization. Regarding the much-debated issue (...) of morphological overgeneralizations, our data suggest that frequency sensitivity cuts across the divisions proposed by dual-process theories. In general, some of the frequency effects are the same as in typically developing populations, but with a delayed pattern. Frequency may be interpreted as supporting RN, but in WS it operates with higher thresholds that might be a general processing feature of WS individuals. (shrink)

Carruthers clearly identifies the basic issues involved in language and thought relations and argues for an adaptive central model. Similar conclusions were reached by classical research in the inner speech tradition. Sokolov (1968; 1972) especially emphasized that inner speech appears only when the task is difficult. The use of inner speech is not a necessity to transform representations, but it is called for when transformations become difficult. This might be related to the cognitive reorganizations leading to language as emphasized by (...) Donald (2001). (shrink)

It is worthy to supplement Charney with two historical issues: (1) There were two rival trends in the rebirth of genetic thought in the 1960s: the universal and the variation related. This traditional duality suggested that heredity cannot be equated with genetic determinism. (2) The classical debates and reinterpretation of adoption/twin studies in the 1980s regarding intelligence suggested that the environment had a more active role in unfolding the genetic program.

Gadamer‘s Hermeneutical Conception of Art Art is no arbitrary topic in Hans-Georg Gadamer’s philosophical hermeneutics. Rather, it is a fundamental phenomenon, the description of which constitutes an unavoidable task of philosophy. In this article the author seeks to demonstrate the importance of art in philosophical hermeneutics, and in two major steps develops a hermeneutical conception of art. First, the author discusses the concept of the truth of art with special attention to the view that art can be described as the (...) cognition of essence. Second, the ontology of the work of art is analyzed in detail, focusing on Gadamer’s basic idea that the work of art becomes accessible, strictly speaking, only in its presentation. (shrink)

Starting from an overview of approaches to naturalized epistemology, the paper shows, firstly, that Quine's programme yields a sceptical paradox. This means that Quine's attempt to defeat scepticism itself yields a rather strong argument for scepticism and thus against his own programme of naturalized epistemology. Secondly, it is shown that this paradox can be solved by an approach called reflexive-heuristic naturalism. Finally, the paper also raises some fundamental problems which the solution proposed has to leave open.

1. Law and morals as two systems of norms, and the inner morality of law 2. Law as a value bearer and as a mere external indicator 3. The inner and external moral credit of legislator 4. The inner morality of law. As to the last paragraph, the most striking feature of the inner morality of law is that it is such a possible characteristic, surplus quality which is not a sine qua non, which law is conceivable without. However, it (...) is a question whether law can long do without it? In principle, the legislator is free in deciding on what legal consequence he attaches to what course of conduct14 and it is also desirable that legal concepts be freed from moral overtones. Nevertheless, the legal complex cannot be torn out of its social context, nor can it steadily conflict with other complexes (religions, moral, or political values, norms and ideologies) law is to develop in living interrelationship with. Otherwise, it is subject to danger that (I) law-observance in average cases is weakened; (2) the reified functioning of and approach to law are strengthened and make law alienated; and (3) it blurs the social objectives the law intends to serve and, especially in hard cases, makes its application rootless and floating. A pathological situation only becomes more pathological, if the pathology of contents is accompanied by the pathology of means. Or, it brings the promise of real solution closer, if the adequateness of means also provides, by the strength of publicity, for the direct mobilization of society. That explains why it is a topical question what I have proposed to term the inner morality of law. [For the text, see my L&Ph, 77–89] . (shrink)

This manuscript describes the institutional and clinical considerations that apply to the question of whether to mandate opioid dose reduction in patients who have received opioids long-term. It describes how a calamitous rise in addiction and overdose involving opioids has both led to a clinical recalibration by healthcare providers, and to strong incentives favoring forcible opioid reduction by policy making agencies. Neither the 2016 Guideline issued by the Centers for Disease Control and Prevention nor clinical evidence can justify or promote (...) such policies as safe or effective. (shrink)

Chomsky’s principle of epistemological tolerance says that in theoretical linguistics contradictions between the data and the hypotheses may be temporarily tolerated in order to protect the explanatory power of the theory. The paper raises the following problem: What kinds of contradictions may be tolerated between the data and the hypotheses in theoretical linguistics? First a model of paraconsistent logic is introduced which differentiates between week and strong contradiction. As a second step, a case study is carried out which exemplifies that (...) the principle of epistemological tolerance may be interpreted as the tolerance of week contradiction. The third step of the argumentation focuses on another case study which exemplifies that the principle of epistemological tolerance must not be interpreted as the tolerance of strong contradiction. The reason for the latter insight is the unreliability and the uncertainty of introspective data. From this finding the author draws the conclusion that it is the integration of different data types that may lead to the improvement of current theoretical linguistics and that the integration of different data types requires a novel methodology which, for the time being, is not available. (shrink)

According to recent work in experimental philosophy, folk intuitions concerning various metaphysical issues are heavily teleological. The experiments in question, which belong to a broader research program in psychology about ‘promiscuous teleology’, have featured prominently in debates about the methodology of metaphysics, with some authors claiming that the folk’s teleological bias debunks everyday intuitions concerning composition, persistence, and organisms. The present paper argues for a possibility that is very rarely discussed in that debate, namely the idea that the folk’s intuitions (...) could be veridical. Our argument is based on an emerging naturalistic theory of biological functions called “the organismic view”. The gist of the organismic view is that biological systems are characterized by a special circular causal regime where each part of the system contributes to the boundary conditions of some other parts, as well as of the whole. We argue that teleological folk intuitions are veridical in the biological domain under such a view, and they are veridical in the social and artefactual domains under coherent extensions of the organismic view. (shrink)

This article provides a detailed analysis and explores the prospects of the arguments for higher-level causal autonomy available for the proponents of the mechanistic framework. Three different arguments are distinguished. After clarifying previously raised worries with regard to the first two arguments, the article focuses on the newest version of the third argument that has recently been revived by William Bechtel. By using Bechtel’s own case study, it is shown that not even reference to constraints can establish the causal autonomy (...) of higher mechanistic levels. (shrink)

How can thought experiments lead to new empirical knowledge if they do not make use of empirical information? This puzzle has been widely discussed in the philosophy of science. It arises in conceptual metaphor research as well and is especially important for the clarification of its empirical foundations. The aim of the paper is to suggest a possible solution to the puzzle of thought experiments in conceptual metaphor research. The solution rests on the application of a novel metatheoretical framework that (...) conceives of linguistic theorizing as a process of plausible argumentation. The central idea of the solution is that through the dynamic feedback mechanism of the cyclic, prismatic and retrospective re-evaluation of information, thought experiments in conceptual metaphor research may indirectly supply the process of plausible argumentation with empirical knowledge. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)