In the following, I endeavor to subvert the classical notion of being found in Western philosophy by following the logic of negation found in the work of Rodolfo Kusch. In order to develop a better understanding of cultural feelings as well as appreciate the natural, the rhythmic and the vital in the Latin American context, I propose that we follow the ontological sentipensar. By using this methodological framework, I seek to reveal a sense of being germane to Latin American intercultural (...) philosophy. (shrink)
Este artículo es un esfuerzo por llevar a cabo un ejercicio filosófico en un doble direccionamiento: de un lado, se asiste a la teorización y, de otro, se participa en la experiencia; niveles de lo idéntico. A partir de acá, se ponen en liza dos vías para llegar a un mismo espacio de florecimiento; los bordes por los que cercamos el sentido profundo del ser. Para eso, tomamos el valor poético que emerge de la obra del poeta argentino Hugo Mujica. (...) Allí se encontrarán elementos suficientes de análisis filosófico, especialmente en la obra de Heidegger y Lévinas, para después, no sólo acompañar sino acontecer en la experiencia propia la interpretación posible a lo profundo de su poesía. El método será el hermenéutico existencial, centrando lo hermenéutico en la contextualización e interpretación de la obra escrita, y lo existencial en el momento de interpretar poemas. El logro a resaltar es el haber explicitado lo ontológico en los textos líricos de Mujica. (shrink)
El paradigma hermenéutico ha abierto un horizonte amplio a la hora de interpretar y comprender textos, pero ha cerrado las posibilidades existenciales que ya en Ser y tiempo abriera Heidegger. Lo que se intenta aquí es señalar esos presupuestos ontológico-existenciales que indicara acertadamente el filósofo alemán en su momento. El avance que se presenta hace parte del proyecto de investigación “Ontología en América Latina” que lidera el Grupo de Investigación Tlamatinime. La primera parte tiene como objetivo fijar cuatro lineamientos que (...) estructuran la propuesta de una hermenéutica existencial: 1. La disposición afectiva como afectación y responsabilidad. 2. El comprender afectivo. 3. El comprender como interpretación. 4. El sentido. La segunda parte, consiste en presentar lo que se vislumbra por hermenéutica existencial y cuál sería su propósito. (shrink)
This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
This is the first-ever critical history of sociology in Britain, written by one of the world's leading scholars in the field. Renowned British sociologist, A. H. Halsey, presents a vivid and authoritative picture of the neglect, expansion, fragmentation, and explosion of the discipline during the past century. He is well equipped to write the story, having lived through most of it and having taught and researched in Britain, the USA, and Europe.The story begins with L.T. Hobhouse's election to the first (...) chair in sociology in London in 1907, but traces earlier origins of the discipline to Scotland and the English provinces. There is a lively account of the nineteenth-century battles between literature and science for the possession of the third culture of social studies, setting the context for a narrative history of rapid expansion in the second half of the twentieth century. LSE had a virtual monopoly before World War II. The educational establishment of Oxford and Cambridge opposed its introduction into the undergraduate curriculum. Only the expansion of sociology to the Scottish, Welsh, provincial, and 'new' universities after the Robbins Report of 1963 brought reluctant acceptance of the subject to Oxford and Cambridge.The student troubles of 1968 are then described and the subsequent doubts, confrontations, and cuts of the 1970s and 80s. Then, paradoxically by a Conservative Government, there was a new university expansion incorporating polytechnics and other colleges, with a consequent doubling of both staff and students in the 1990s.Yet the end of the century left sociology riven by intellectual conflict. It had survived the Marxist subversions of the 70s and the feminist invasion. Yet the renewed challenges of various forms of relativism still threatened, and at root the war was, as it began, between a scientific quantifying and explanatory subject and a literary, interpretative set of cultural studies. (shrink)
This paper introduces the logic QLETF, a quantified extension of the logic of evidence and truth LETF, together with a corresponding sound and complete first-order non-deterministic valuation semantics. LETF is a paraconsistent and paracomplete sentential logic that extends the logic of first-degree entailment with a classicality operator ∘ and a non-classicality operator ∙, dual to each other: while ∘A entails that A behaves classically, ∙A follows from A’s violating some classically valid inferences. The semantics of QLETF combines structures that interpret (...) negated predicates in terms of anti-extensions with first-order non-deterministic valuations, and completeness is obtained through a generalization of Henkin’s method. By providing sound and complete semantics for first-order extensions of FDE, K3, and LP, we show how these tools, which we call here the method of anti-extensions + valuations, can be naturally applied to a number of non-classical logics. (shrink)
Shortlisted for the 2005 British Academy Book prize, Nicola Lacey's entrancing biography recounts the life of H.L.A. Hart, the pre-eminent legal philosopher of the twentieth century. Following Hart's life from modest origins as the son of Jewish tailor parents in Yorkshire to worldwide fame as the most influential English-speaking legal theorist of the post-War era, the book traces his successive metamorphoses; from Yorkshire schoolboy to Oxford scholar, from government intelligence officer to Professor of Jurisprudence, from awkward batchelor to family figurehead. (...) In the tradition of Ray Monk's biography of Wittgenstein, Nicola Lacey paints an absorbing picture of intellectual and psychological development, of a mind struggling to cope with intellectual self-doubt, uncertain sexuality, a difficult marriage and an anti-semitic society. In depicting the evolution of Hart's life and mind, Lacey provides a vivid recreation of both the intellectual and social climate of Oxford in the post-War era. (shrink)
In the two related works in this volume, Bentham offers a detailed critique of William Blackstone's Commentaries on the Laws of England. He provides important refelctions on the nature of law, and more particularly on the nature of customary and statute law, and on judicial interpretation.
H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...) a policy argument for why rules should be applied in a way which would require that discretion. (shrink)
This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.
This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
This paper responds to material from Scott Soames’s wide ranging book The World Philosophy Made, material which I am actually tempted to overlook. Soames adds a detail to a criticism H.L.A. Hart makes of John Rawls, but I argue that Soames cannot consistently endorse this criticism, given his acceptance of trickle-down economics and his aspiration to cohere with a dominant strand of right-wing American philosophy.
Context: Many recent research areas such as human cognition and quantum physics call the observer-independence of traditional science into question. Also, there is a growing need for self-reflexivity in science, i.e., a science that reflects on its own outcomes and products. Problem: We introduce the concept of second-order science that is based on the operation of re-entry. Our goal is to provide an overview of this largely unexplored science domain and of potential approaches in second-order fields. Method: We provide the (...) necessary conceptual groundwork for explorations in second-order science, in which we discuss the differences between first- and second-order science and where we present a roadmap for second-order science. The article operates mainly with conceptual differentiations such as the separation between three seemingly identical concepts such as Science II, Science 2.0 and second-order science. Results: Compared with first-order science, the potential of second-order science lies in 1. higher levels of novelty and innovations, 2. higher levels of robustness and 3. wider integration as well as higher generality. As first-order science advances, second-order science, with re-entry as its basic operation, provides three vital functions for first-order science, namely a rich source of novelty and innovation, the necessary quality control and greater integration and generality. Implications: Second-order science should be viewed as a major expansion of traditional scientific fields and as a scientific breakthrough towards a new wave of innovative research. Constructivist content: Second-order science has strong ties with radical constructivism, which can be qualified as the most important root/origin of second-order science. Moreover, it will be argued that a new form of cybernetics is needed to cope with the new problems and challenges of second-order science. (shrink)
In his introduction to these closely linked essays Professor Hart offers both an exposition and a critical assessment of some central issues in jurisprudence and political theory. Some of the essays touch on themes to which little attention has been paid, such as Bentham's identification of the forms of mysitification protecting the law from criticism; his relation to Beccaria; and his conversion to democratic radicalism and a passionate admiration for the United States.
Context: The journal Constructivist Foundations celebrates ten years of publishing articles on constructivist approaches, in particular radical constructivism. Problem: In order to preserve the sustainability of radical constructivism and regain its appeal to new generations of researchers, we set up a new course of action for and with the radical constructivist community to study its innovative potential. This new avenue is “second-order science.” Method: We specify two motivations of second-order science, i.e., the inclusion of the observer, and self-reflexivity that allows (...) second-order science to operate on the products of normal or first-order science. Also, we present a short overview of the contributions that we have collected for this inaugural issue on second-order science. Results: These six initial contributions demonstrate the potential of the new set of approaches to second-order science across several disciplines. Implications: Second-order science is believed to be a cogent concept in the evolution of science, leading to a new wave of innovations, novel experiments and a much closer relationship with current research in the cognitive neurosciences in particular, and with evolutionary and complexity theories in general. (shrink)
This important collection of essays includes Professor Hart's first defense of legal positivism; his discussion of the distinctive teaching of American and Scandinavian jurisprudence; an examination of theories of basic human rights and the notion of "social solidarity," and essays on Jhering, Kelsen, Holmes, and Lon Fuller.
This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)
H. Wittman, A. Desmarais, and N. Wiebe (eds.): Food Sovereignty: Reconnecting Food, Nature and Community Content Type Journal Article Category Review Paper Pages 1-3 DOI 10.1007/s10806-012-9375-1 Authors Charles Francis, Department of Agronomy and Horticulture, UNL, 279 Plant Science, Lincoln, NE 68583-0915, USA Journal Journal of Agricultural and Environmental Ethics Online ISSN 1573-322X Print ISSN 1187-7863.