The law commonly conceived as a norm : deficiency of this conception -- On some general hints of this deficiency, and in particular those evinced by the likely origin of the current definitions of law -- The need to distinguish the distinct legal norms from the legal order considered as a whole. The logical impossibility of defining the legal order as a set of norms -- How the unity of a legal order has been sometimes intuited -- How a legal (...) order is not only a set of norms, as it also encompasses other elements -- How such ements are implicitly postulated by the common inquiry into the distinguishing characteristics of law -- Assessment, from this point of view, of the so-called objectivity of law -- The element of sanction -- The expression "the legal order" -- The essential elements of the concept of law. The law as an institution and the law as a precept -- The preceding doctrine on the concept of institution -- My concept of institution and its fundamental characteristics : 1. The objective existence of the institution; 2. Institution and social body; 3. The institution's selfness; 4. The unity of the institution -- Equivalence of the concept of institution and the concept of a legal order -- Evidence for this equivalence based on the doctrine that the law is only "form" -- Mention of some problems that need solving in the light of this equivalence -- Cases in which the original establishment of a law does not depend on norms, but on the emergence of an institution, and the impossibility of reducing the institution to the norms -- The concept of institution and the international legal order -- The institution and the legal relationship: relationships between more persons -- Relationships between persons and things : examples of some of these relationships that, considered more broadly, cab be portrayed as institutions -- The institution and the legal person -- My conception of the law with respect to certain problems relating to : 1. The legal character of state power; 2. The extension of the state personality; 3. The legal relevance of its territory and citizenry -- Critical assessment of some opinions that attach importance to the legal order only insofar as it reflect relationships between persons. Applications to: 1. The legal sanction; 2. The state territory and citizenship; 3. The state bodies; 4. The limits of the legislative function -- Some consequences of my conception with regard to the subjective aspect of the law: the legal relationship; the status of persons; rights in rem; the correlation between rights and obligations; the equal position of subjects -- Recapitulatory remarks -- The plurality of legal orders and the doctrine that reduces all law to state law -- The untenability of this doctrine from a historical and theoretical point of view -- Its untenability with respect to the existing law -- Non-state legal orders; international law -- Ecclesiastical law -- The order of entities that are considered unlawful or are ignored by the state -- Entities that are regulated by the state, but also have an order of their own which is not recognized by the state (private disciplinary orders; the internal organisation of workplaces; so-called unrecognized associations or institutions, etc.) -- Doctrines that confine the concept of a legal order to the order of communities in general and specifically to necessary communities -- The relations between different legal orders. Principles that have to be taken into account with respect to : 1. Original or derivative institutions; 2. The particular or general ends of institutions; 3. Their diverse basis; 4. Simple or complex institutions; 5. Perfect or imperfect; 6. With or without personality; 7. Independent, coordinated or subordinated -- The concept of relevance of one order to another -- The title for this relevance: a. The relation of superiority and correlative dependence between two orders; b. The relation whereby an order presupposes another; c. The relation whereby reciprocally independent orders depend a further one; d. The relevance unilaterally attributed by an order to another on which it depends; e. The relation of succession between orders -- Diverse aspects (existence, content, effectiveness) expressing the relevance an order to another one. Cases in which the existence of an order depends on another: a. Complete subordination of the former to the latter which directly establishes the former or assigns limited autonomy to it. Independence, as far as its existence is concerned, of an order in case of a less expansive subordination (some spheres of the order of the states of a federal state vis-à-vis the latter; the order of states vis-à-vis international law) and general principles; b. In the hypothesis of an order that represents the presupposition of another (state law vis-à-vis international law) -- The relevance of an order to another with respect to its content. Various cases: a. The superior order as the mediated or unmediated source of an inferior order; the superior order (international law, ecclesiastical concordats) which is not the source, and yet affects the content of inferior orders; b. the Superior order about effects the content of more orders subjected to, which however are independent from each other; c. the order of that itself that determines its own content by considering a subjected or independent order : private international law; ecclesiastical law as it refers to civil laws; the law of the state that refers to ecclesiastical law; d. an order that incorporates another -- The relevance of an order to one another with respect to its effects: external and internal effectiveness of an order. Various cases of external effectiveness: a. The relationships between orders where the one partially or totally depends on the other; b. Relationships between more orders that are independent from each other because of a unilateral disposition of one or each of them. Private international law; civil effectiveness of ecclesiastical law; c. Relationships meeting more orders in which one is of the presupposition of the other; d. Relationships between orders that succeed each other -- Diverse extension of the relevance of an order to another. Applications with regard to the problem of so-called natural obligations -- The irrelevance of an order to another; total or partial, reciprocal or unilateral -- A legal order that as such is irrelevant to another, but it is relevant in other respects (orders that are considered unlawful by the state; corporations, de facto institutions) -- Total developments of an order to another: possibility of such an irrelevance also with respect to the order of the state -- Critical assessment of the opposite doctrine. The limitations of the state order; various figures and consequences; examples of matters that are legally indifferent to the state (private disciplinary orders; particular religious orders; the orders of some non-patrimonial associations; etc.) -- The internal orders of the institutions, especially state ones, vis-à-vis the order of other institutions in which they are included. (shrink)

El ordenamiento jurídico de Santi Romano es, sin duda alguna, una obra fundamental. Y no es la circunstancia concreta de presentar ahora la obra al lector español la que dicta estas palabras, sino que las recojo conociendo plenamente el valor objetivo que ellas tienen; sobradamente tendremos ocasión de ver la consideración que la obra de Romano recibe por parte de la doctrina, como de un auténtico y verdadero hito en el desarrollo del pensamiento jurídico contemporáneo. De ahí precisamente que (...) no trate de llevar a cabo ni un análisis crítico de la misma, ni menos aún de la obra de Romano en general; tal pretensión de enjuiciamiento limitaría casi con lo grotesco, por carecer de toda autoridad en el campo de la dogmática general del Derecho, que es en el que, en concreto, se mueve Santi Romano en la obra que presentamos. Estas páginas, por el contrario, pretenden tener una finalidad mucho más modesta: simplemente presentar la obra al lector español, formulando al mismo tiempo algunas aplicaciones concretas de la tesis ordinamental en el campo específico del Derecho administrativo. Sebastián Martín Retortillo. (shrink)

Dieses Buch bietet die erste systematische Diskussion von Husserls Cartesianischen Meditationen. Beginnend mit einem Kommentar zum Text der fünf Meditationen werden in den hier veröffentlichten Aufsätzen einige der wichtigsten Begriffe der Husserlschen Philosophie untersucht und geklärt: Intentionalität, Synthese, Evidenz, Intersubjektivität. Darüber hinaus bietet das Buch die erste Diskussion von Husserls später Version der Transzendentalphilosophie und ihrer Relevanz für zeitgenössische Debatten in der kontinentalen und analytischen Philosophie. Mit Beiträgen von Andreea Smaranda Aldea | Lilian Alweiss | Stefano Bancalari | Jakub Čapek (...) | Emanuela Carta | Daniele De Santis | Aurélien Djian | Saulius Geniusas | Sara Heinämaa | Leonard Ip | Hynek Janoušek | Federico Lijoi | Claudio Majolino | Danilo Manca | Sergio Pérez-Gatica | Witold Plotka | Alice Pugliese | Ignacio Quepons | Rosemary Rizo-Patrón de Lerner | Agustín Serrano de Haro | Wojciech Starzyński. (shrink)

This collection offers the first systematic, comparative analysis of Wilfrid Sellars's Pittsburgh school of thought and Husserlian phenomenology. Beginning with an introduction to contemporary philosophical debates about the mind and pragmatism, the essays examine and clarify the discursive divide between analytic and Continental philosophy.

Rough Sets were introduced by Z. Pawlak in the year 1982 with the intention to address knowledge representation and data processing from the angle of computation and decision making. The main idea...

"Phenomenology was one of the twentieth century's major philosophical movements, and it continues to be a vibrant and widely studied subject today with relevance beyond philosophy in areas such as medicine and cognitive sciences. The Routledge Handbook of Phenomenology and Phenomenological Philosophy is an outstanding guide and reference source to this important and fascinating topic. Comprising seventy-five chapters by a team of international contributors, the Handbook offers unparalleled coverage of the subject, and is divided into five clear parts: Phenomenology and (...) the History of Philosophy Issues and Concepts in phnomenology Major Figures in Phenomenology Intersections Phenomenology in the World. Essential reading for students and researchers in philosophy studying phenomenology, The Routledge Handbook of Phenomenology and Phenomenological Philosophy is also suitable for those in related disciplines such as psychology, religion, literature, sociology and anthropology"--. (shrink)

Through a philosophical engagement with “Arju” (communal dormitories for children/adolescents among the Ao tribe, India), we develop a distinct conceptualization of it as “caring space, in-between”. In its various ontological, epistemological, and ethical dimensions, Arju becomes a space for mothering of Ao children and of caring for the tribe at large. It provides a basis for developing a notion of “caring space” within a philosophy of care. Finally, while theorizing its “in-between” character, we argue that Arju resists mapping onto dominant (...) Western spatial binaries such as private/public, home/world, etc. This essay is not only an articulation of a non-dominant group’s philosophy of “mothering” and “care”, but also aims to create an alternative theoretical space from which to engage with the dominantly Western feminist philosophies of care. (shrink)

Anthology of articles on the integral philosophy of Sri Aurobindo Ghose, 1872-1950, modern Indian philosopher.

A hypertext learner navigates with a instinctive feeling for a knowledge. The learner does not know her queries, although she has a feeling for them. A learner’s navigation appears as complete upon the emergence of an aesthetic pleasure, called rasa. The order of arrival or the associational logic and even the temporal order are not relevant to this emergence. The completeness of aesthetics is important. The learner does not look for the intention of the writer, neither does she look for (...) significance. Lexia has a suggestive power and she is suggested in the arrival of aesthetics. Hypertext learning does not depend on communication. The learner in her pleasure transgresses the bounds of space-time to be in communion with several writers/learners. Hypertext learning does not appear to be fundamentally different from the analog learning; however, in performance, as in navigation, the learner assumes a mental state that helps her in her emergence into aesthetic bliss, of an arrival to the completed lexial navigation. This completeness is owing to aesthetics and is not owing to either the semantics or the query-fulfilling qualities. (shrink)

Contemporary democracy has given primacy to thought. Building up institutions on thought and reasoned discourse excludes out human actions derived not from thought that one thinks. Ordinary life is visited by emotion and passion. Such actions of unknown origin are captured best in the drama. Indian theory and practice of drama and the poetics offer communion between the performer and the viewer. Blissful relish of the actions and the dialogues lift up the banal actions from the ordinary to a state (...) beyond simple event. Relishing thus resides in cognition. Drama in theory and in its practice thus offers foundation to institutions that could embrace independent actions as well. In relish there is cognition and reasoning alone cannot lay claim. Folk life and folk actions thus could be emancipatory. (shrink)

Acquiring expertise in a task is often thought of as an automatic process that follows inevitably with practice according to the log‐log law (aka: power law) of learning. However, as Ericsson, Chase, and Faloon (1980) showed, this is not true for digit‐span experts and, as we show, it is certainly not true for Tetris players at any level of expertise. Although some people may simply “twitch” faster than others, the limit to Tetris expertise is not raw keypress time but the (...) techniques acquired by players that allow them to use the tools provided by the hardware and software to compensate for the game's relentlessly increasing drop speed. Unfortunately, these increases in drop speed between Tetris levels make performance plateaus very short and quickly followed by game death. Hence, a player's success at discovering, exploring, and practicing new techniques for the tasks of board preparation, board maintenance, optimal placement discovery, zoid rotation, lateral movement of zoids, and other tasks important to expertise in Tetris is limited. In this paper, we analyze data collected from 492 Tetris players to reveal the challenges they confronted while constructing expertise via the discovery of new techniques for gameplay at increasingly difficult levels of Tetris. (shrink)

Objective: To explore the relationship between the presentation of suffering and support for euthanasia in the British news media.Method: Data was retrieved by searching the British newspaper database LexisNexis from 1996 to 2000. Twenty-nine articles covering three cases of family assisted suicide were found. Presentations of suffering were analysed employing Heidegger’s distinction between technological ordering and poetic revealing.Findings: With few exceptions, the press constructed the complex terrain of FAS as an orderly or orderable performance. This was enabled by containing the (...) contradictions of FAS through a number of journalistic strategies: treating degenerative dying as an aberrant condition, smoothing over botched attempts, locating the object of ethical evaluation in persons, not contexts, abbreviating the decision making process, constructing community consensus and marginalising opposing views.Conclusion: The findings of this study support the view that news reporting of FAS is not neutral or inconsequential. In particular, those reports presenting FAS as an orderly, rational performance were biased in favor of technical solutions by way of the legalisation of euthanasia and/or the involvement of medical professionals. In contrast, while news reports sensitive to contradiction did not necessarily oppose euthanasia, they were less inclined to overtly support technical solutions, recognising the importance of a trial to address the complexity of FAS. (shrink)

This paper addresses questions of women’s autonomy in India and analyses its location within the legal discourse. The women’s movement has primarily tried to analyse questions of women’s autonomy through exploring women’s position in law. Among other indicators, women’s position in society is often analysed through marriage, divorce and property acts. This paper analyses the evolution of these acts and critiques whether they have led to women’s autonomy or merely subsumed questions of autonomy resulting in further marginalization of women in (...) the polity. The paper begins with the assumption that locations matter and that laws affect different women differently, particularly in the context of India where civil law is constantly pitted against personal and customary law. To understand the situation of women in India, therefore, an understanding of the evolution of laws seems necessary, because laws are considered to be primary markers of autonomy. (shrink)

The book offers a systematic reconstruction of the disagreement between Husserl and Heidegger from the former's perspective, but without falling into any form of Husserlian apologetics. The main thesis is that Husserl's critique of Heidegger's existential analytics as a form of philosophical anthropology entails a deeper fundamental thesis, namely that Heidegger confuses the object of first philosophy (the transcendental determination of the subject) with metaphysics (in the Husserlian sense of the expression). Addressing the Husserl-Heidegger confrontation, this text provides the first (...) systematic reconstruction of Husserl's conception of the system of philosophy from the perspective of his later works, with a special focus on the Cartesian Meditations. At stake in Husserl's critique of Heidegger's philosophy in Being and Time is the refusal to transcendentalize the irrational aspects and nature of our human existence. This first volume addresses Husserl's doctrine of transcendental idealism with the aim of elucidating the distinction between first philosophy, second philosophies and what Husserl calls last philosophy. This volume appeals to students and researchers. (shrink)

The book offers a systematic reconstruction of the disagreement between Husserl and Heidegger from the former's point of view, but without falling into any form of Husserlian apologetics. The main thesis is that Husserl's critique of Heidegger's existential analytics as a form of philosophical anthropology entails a deeper fundamental thesis, namely, that Heidegger confuses the subject matter of first philosophy (the transcendental subject) with metaphysics (in the Husserlian sense of the expression). At stake in Husserl's critique of Heidegger's philosophy in (...) Being and Time is the refusal to transcendentalize the irrational aspects of our human existence. This second volume focuses on the question of being, clarifying the distinction between ontology and metaphysics in Husserl's thought. In fact, contrary to a long-standing and established interpretive tradition, according to which Husserl's phenomenology is metaphysically neutral, the book shows to what extent Husserl always understood as the ultimate goal of his philosophizing the positive foundation of a metaphysics. This volume appeals to students and researchers. (shrink)

Réflexions sur la façon de dire et de montrer le paysage au XXIe siècle. Aborde la question en s'appuyant sur de nombreuses disciplines comme l'art, l'esthétique, le théâtre ou les sciences et techniques.

Noetherian type and Noetherian π-type are two cardinal functions which were introduced by Peregudov in 1997, capturing some properties studied earlier by the Russian School. Their behavior has been shown to be akin to that of the cellularity, that is the supremum of the sizes of pairwise disjoint non-empty open sets in a topological space. Building on that analogy, we study the Noetherian π-type of κ-Suslin Lines, and we are able to determine it for every κ up to the first (...) singular cardinal. We then prove a consequence of Changʼs Conjecture for ℵω regarding the Noetherian type of countably supported box products which generalizes a result of Lajos Soukup. We finish with a connection between PCF theory and the Noetherian type of certain Pixley–Roy hyperspaces. (shrink)

Social data mining has become an emerging area of research in information and communication technology fields. The scope of social data mining has expanded significantly in the recent years with the advance of telecommunication technologies and the rapidly increasing accessibility of computing resources and mobile devices. People increasingly engage in and rely on phone communications for both personal and business purposes. Hence, mobile phones become an indispensable part of life for many people. In this article, we perform social data mining (...) on mobile social networking by presenting a simple but efficient method to define social closeness and social grouping, which are then used to identify social sizes and scaling ratio of close to “8”. We conclude that social mobile network is a subset of the face-to-face social network, and both groupings are not necessary the same, hence the scaling ratios are distinct. Mobile social data mining. (shrink)

One hundred and fifty years ago, a hopeful young researcher reported a recent discovery he had made. Working in the bowels of a medieval castle in the German city of Tübingen, he had isolated a then entirely new type of molecule. This was the birth of a field that would fundamentally change the course of biology, medicine, and beyond. His discovery: DNA. His name: Friedrich Miescher. In this article, the authors try to find answers to the question why—despite the fact (...) that virtually everyone nowadays knows DNA—hardly anyone remembers the man who discovered it. In the history of science, the discovery of DNA was a seminal moment. Why then did it not enter into public memory? Ground‐breaking discoveries can occur in a historical context that is not ready to appreciate them. But that's not all that decides who is remembered and who is forgotten. Scientific pioneers sometimes fail to publicize their findings in a way that ensures that they receive the attention they merit. As discussed here, their personalities and habits may cause discoveries to be “overwritten” by more recent researchers, resulting in distorted cultural memories no longer reflecting the initial event. (shrink)

We highlight how Corporate Social Responsibility can be strategically used against the negative perception from earnings management. Using international data, we analyse the effect of CSR and EM on the cost of capital and corporate reputation. Results confirm that CSR strategy is positively valued by investors and other stakeholders. Contrary to EM, CSR has a positive effect on corporate reputation and lowers the cost of capital. In addition, we also find that the favourable effect of CSR on cost of capital (...) is consistently more intense in firms that show signs of EM indicating that the market does not identify when CSR practices are used as a strategy to mask EM. We also demonstrate how institutional factors influence the above relationship. (shrink)

Acquiring expertise in a task is often thought of as an automatic process that follows inevitably with practice according to the log‐log law (aka: power law) of learning. However, as Ericsson, Chase, and Faloon (1980) showed, this is not true for digit‐span experts and, as we show, it is certainly not true for Tetris players at any level of expertise. Although some people may simply “twitch” faster than others, the limit to Tetris expertise is not raw keypress time but the (...) techniques acquired by players that allow them to use the tools provided by the hardware and software to compensate for the game's relentlessly increasing drop speed. Unfortunately, these increases in drop speed between Tetris levels make performance plateaus very short and quickly followed by game death. Hence, a player's success at discovering, exploring, and practicing new techniques for the tasks of board preparation, board maintenance, optimal placement discovery, zoid rotation, lateral movement of zoids, and other tasks important to expertise in Tetris is limited. In this paper, we analyze data collected from 492 Tetris players to reveal the challenges they confronted while constructing expertise via the discovery of new techniques for gameplay at increasingly difficult levels of Tetris. (shrink)