While analysing constitutions of various countries in the legal literature, usually not only the form and the content but also the structure of the constitution is discussed. The structure of the constitution is an internal organisational order of the norms of the constitution. Although every state has a unique structure of their constitution, however, certain regularities can be discerned. The analysis of the structure of various constitutions leads to a conclusion that normally each constitution consists of the following standard structural (...) parts: the preamble, the main part, the final, transitional or additional provisions, in some constitutions there can also be annexes. The article ascertains that most of the constitutions begin with the introductory part, the preamble. Only the constitutions of several countries (e.g. Norway, the Netherlands, Belgium, Italy, Greece) contain no preamble. After analysing the preambles of the Lithuanian Constitutions adopted in 1918-1940, the Lithuanian Constitution of 1992, the Constitution of the United States of America of 1787, the Constitution of Federal Republic of Germany of 1949, and the constitutions of several Central and Eastern European countries (the Constitution of the Republic of Estonia of 1992, the Constitution of Czech Republic of 1992 and the Constitution of the Republic of Poland of 1997) it is stated that a preamble is considered as an inseparable part of an official text of a constitution. The preamble reflects the historical context and the circumstances of the adoption of a constitution, names the goals of the constitutional regulation, fortifies the values to be attained, declares the key political principles or even the fundamental human rights and freedoms, etc. Often the preamble reveals the methods of adoption of a constitution. The preamble is an important structural part of the constitution that helps to understand the established constitutional regulation. The principles enshrined in it can be considered as significant argument for the constitutional justice institutions while solving the case of whether the law or any other legal act in question contradicts with the constitution. While interpreting and applying the constitution as a single act, its separate sections, clauses or certain provisions it is necessary to take the content of the preamble into account, since no text of the constitution shall be interpreted in a way to contradict the statements of the preamble and its spirit. The preamble is not only a category of a political, ideological or philosophical nature, it undoubtedly has the legal burden, therefore it is considered to have legal validity. Constitutions usually do not contain any particular preamble amendment procedures. The preambles are characterised to have the so-called higher style; they are usually formulated not in compliance with the requirements of legal technique. Therefore, they differ from other constitutional provisions that are usually set out in official writing style according to certain rules of legal technique. (shrink)

There is a claim that the natural capacity for knowledge of God is presupposed by the acceptance of any revelation. We inquire into whether this restriction is satisfactory. There is a stronger claim that natural knowledge has to be exercised for someone to welcome revelation. There is an additional claim that natural knowledge of the preambles to the articles of faith may not obtain. We try to make sense of this doctrine of impeached preambles to faith, by considering its phrasing (...) not only in the first person singular, nor in the third person, but in the first plural person, where it may suggest a kind of social division of tasks among believers. (shrink)

Being a researcher is challenging, especially in the beginning. Early Career Researchers (ECRs) need achievements to secure and expand their careers. In today’s academic landscape, researchers are under many pressures: data collection costs, the expectation of novelty, analytical skill requirements, lengthy publishing process, and the overall competitiveness of the career. Innovative thinking and the ability to turn good ideas into good papers are the keys to success.

Modern philosophical accounts of faith and reason have often been characterized by the idea that faith in God should be epistemically grounded in the belief that God exists. This idea only partially characterizes the Christian view of faith, at least if we consider Aquinas’s thought, which has often been taken as an exemplary way of handling the relationship between faith and reason. I argue that, even though evidence for God’s existence plays a significant role in Aquinas’s reflections, this is only (...) part of his view of the relation between faith and reason. Unlike many modern interpreters of his works, Aquinas sees not only the role played by reason in arguing for faith, but also the autonomy of faith—the fact that faith stands by itself—and the influence that it can exert on the use of reason, including his discussion of the preambles of faith. (shrink)

Constitutions all over the world are propelling significant reforms and innovations for their respective societies. What ushers such dynamism is a fundamental question. Taking the case of India, the constitutional philosophy as reflected in the text of the Constitution has permitted growth and expansion in terms of rights, opprtunities, institutional arrangements etc. WIthin the constitution, the preamble expresses this philosophy. On preambles, there is growing international consensus on their role in the developement of societies. The preambles are said to (...) have "integrative power", and "binding force" as a "substantive source of rights". Each preamble is said to express uniqueness in terms of the ideals incorporated therein and the history that gave birth to them. This book is inspired by the governing values provided in the Preamble to the Indian Constitution. The layout of the book is designed in order to reflect the theoratical and verifiable facets of these values; sovereignty, justice, fraternity, secularism, democracy, socialism, republicanism, equality, and liberty. The book serves more rightly as a contemporary reading of the preamble. (shrink)

One of the interesting and encouraging signs of our times is the fact that the several sciences are learning to develop and carry their own philosophy. Here psychology seems to me to be a bit backward. In this paper I am presuming to suggest that the time has come when the psychologist should take over the subject of theory of knowledge, emancipate it from the leading-strings of Mother Philosophy, and make it a phase of his own science and of its (...) organizing and interpretative philosophy. In fact, I am suggesting that thinking and knowing of whatever sort, even psychologizing and philosophizing, being matters of “mental” activity, are properly object matters for the psychologist, when he really knows his stuff; and I am presuming to say that he is now well enough advanced towards this goal so that he should accept this implied challenge and proceed to take possession of this most significant portion of his proper field. This should greatly enlarge the field of psychological experimentation; it should open up new areas, that are even more significant for our science than are animal psychology and the psychology of learning, as we have hitherto envisioned these; and it should result in a development of principles for the better organization of our findings in these fields. (shrink)

A liberal society is committed to respecting the rationality and autonomy of its individual members as well as the potential for those characteristics where they have not actually developed. This commitment has provided the basis for liberal criticism of educational practices which instil uncritical convictions in the minds of the young. But the perpetuation of a liberal society depends upon the perpetuation of a strong and widespread allegiance to the contestable values which shape societies of this kind. How can the (...) goal of socialization in a liberal society be achieved while maintaining a thorough respect for the individual learner's potential for rationality and independence of mind? A fashionable answer to this question has been derived from theories of moral reasoning such as R.M. Hare's. In this paper the author argues that the fashionable answer is inadequate and puts forward some positive suggestions about the true nature of a liberal moral education. (shrink)

Find out all about dreams and you will know all about insanity. —Hughlings Jackson.

Constitutions serve (at least) two central functions. One is to settle certain controversies by offering a definitive solution, such as adoption of a presidential or parliamentary system, a one-house or two-house legislature, or guaranteeing a certain term of years to judicial appointees. Not surprisingly, there is rarely litigation about such solutions, even if one finds them troublesome; instead, one can suggest amending the constitution or even replacing it. A second function is precisely to engender litigation by addressing certain issues—very often (...) involving rights—that don't lend themselves to the kinds of definitive textual solutions similar to those involving structural features of a polity. If the first constitution can be described as a “constitution of settlement,” this second constitution is a “constitution of legal conversation” inasmuch as lawyers constantly dispute the meanings to be assigned such terms as “equal protection,” “human dignity,” and the like. But how does this apply to the preambles commonly, though not always, found in constitutions? Preambles often claim to evoke what binds together the society for whom the constitution is being drafted—religion, ethnicity, histories, languages, or commitments to norms, including universalistic ones. But to what extent are such claims of unity attempts by political elites to marginalize sectors of the society that do not in fact share the attributes in question? In any event, there is nothing “innocent” about constitutional preambles, and they are well worth taking seriously whether or not they are useful to lawyers engaged in litigation. (shrink)

Nada nos exime a los hombres y mujeres de hoy de aquella advertencia paulina recaída sobre «la letra que puede matar». Juan Luis Segundo S.J, teólogo latinoamericano de la liberación, es quien con sensibilidad y lucidez ha podido detectar en el acceso de sus contemporáneos a los evangelios y, por ellos, a la figura de Jesús de Nazaret este inminente peligro. En vista de tal problemática y con el fin de actualizar un Evangelio liberador se resuelve a elaborar, en su (...) principal obra cristológica El Hombre de hoy ante Jesús de Nazaret, un extenso preámbulo hermenéutico. A él nos abocamos, como objeto de análisis del presente artículo, con el fin de sistematizar las complejas tareas hermenéuticas que propone y de establecer la originalidad de su labor teológica entendida como «anti-cristología. Contemporary men and women are not exempt form that Pauline warning about «letter that gives death». Latin American liberation theologian, Juan Luis Segundo S. J., has sensibly and brilliantly detected this imminent danger in his contemporaries access to gospel and, through it, to Jesús of Nazareth’s figure. In view of such problems and in order to update a liberating Gospel, he decides to elaborate, in his principal christological work «El Hombre de hoy ante Jesús de Nazaret», an extensive hermeneutic preamble. Such preamble is this article’s object of analysis, to which we dedicate with the purpose of systematizing the complex hermeneutic task that he proposes and to establish the originaliy of his theological work, understood as anti-christology. (shrink)

This paper relates to a formal statement of the mechanisms that are thought minimally necessary to underpin consciousness. This is expressed in the form of axioms. We deem this to be useful if there is ever to be clarity in answering questions about whether this or the other organism is or is not conscious. As usual, axioms are ways of making formal statements of intuitive beliefs and looking, again formally, at the consequences of such beliefs. The use of this style (...) of exposition does not entail a claim to provide a mathematically rigorous formal deductive system. Conventional mathematical notation is used to achieve clarity, although this is elaborated with natural language in an attempt to reduce terseness. In our view, making the approach axiomatic is synonymous with building clear usable tests for consciousness and is therefore a central feature of the paper. The extended scope of this approach is to lay down some essential properties that should be considered when designing machines that could be said to be conscious. In the broader discussion about the nature of consciousness and its neurological mechanisms, it may seem to some that axiomatisation is premature and continues to beg many questions. However, the approach is meant to be open- ended so that others can build further axiomatic clarifications that address the very large number of questions which, in the search for a formal basis for consciousness, still remain to be answered. Of course, in discussions about consciousness many will also argue that the subject is not one that may ever be formally addressed by means of axioms. The view taken in this paper is 'let's try to do it and see how far it gets'. (shrink)

This brief note takes the form of challenging a number of assumptions and generalizations in the article by Bourdieu and Wacquant. It calls for the invention of a new vocabulary to address the issues which have arisen for intellectuals in the context of the loss in authority of once secure foundations of modern critical enterprise, and the increasing commodification of intellectual work. The tone of the note seeks to encourage a debate towards establishing a more fruitful agenda for understanding the (...) complex relays between identity, power, governance, globalization, capitalism. (shrink)

In this splendidly preposterous volume, John Tyerman Williams sets out to prove beyond all reasonable doubt that the whole of Western philosophy - from the ancient Greeks to the existentialists of this century - may be found in the works of A. A. Milne. Williams shows how Pooh - referred to here as "the Great Bear" - explains and illuminates the most profound ideas of the great thinkers, from Aristotle and Plato to Sartre and Camus.

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS (...) LOGIC ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

There is a strong claim that the world’s createdness, if true, cannot be known but through revelation. In this paper we try to dismiss this claim by arguing that creation cannot be merely a revealed truth (revelabile tantum), since it is on the contrary the very preamble to any genuine revelation. Ontologically, no revelation can happen in a self-existent world. No creation, no revelation. Epistemically, no revelation is to be admitted but on the assumption that the world depends, for (...) its existence and operation, on a supernatural agent. No admittance of creative power, no justified identification of any revelatory activity. (shrink)

In Plato’s Laws several passages have been clearly conceived of as preambles. The most extended, and prominent, is the one we find at the beginnings of Book five. It amounts to a complicate tour de force, not easy to be accounted for.What surfaced during the present investigation is a meandrical line of thought which ends with the unexpected adoption of a proto-utilitarianist point of view. This turn is not only interesting per se, since it implies that the author fully acknowledges (...) the role of subjective evaluations that may well ignore the ontological hierarchy between gods-souls-bodies as well as the force of persuasion a wise legislator avails of. (shrink)

Preamble -- Holding on -- The public intellectual -- Stories of action in theories of context -- Life politics -- Curriculum -- Teachers' lives, professional knowledge, educational reform -- Narrative -- Preamble -- Biography -- Scholarship -- Learning and pedagogy.

Preamble: Singers gathering on stage This is a paper for three voices. An attempt at a philosophic experience in the symphonic form. The first voice carries the tune and holds the shape of the paper as it focuses on Baudrillard and proposes that public education in Canada today is in fact a simulacra. The second voice has more room to roam, tracing some of the Western philosophical underpinnings of Baudrillard’s stages of the simulacra from Aristotle to Saussure’s centralization of (...) human language and out to the disappearance of the signified altogether. And the third voice, plays a parallel tune to the first two but focuses on the evolution of education for sustainable development. Eventually all three voices find harmonies around the challenges of their respective simulacrum and will, as a dramatic conclusion, seek to offer some important educational implications. We have employed, as seen above, different fonts for each voice and divided the paper along symphonic lines with each movement being accompanied by one stage of Baudrillard’s development of the simulacra. We encourage the reader to think of this paper as a philosophical score choosing to read each voice separately or all three together seeking resonances along the way. (shrink)

The Preamble to the Charter of Rights and Freedoms claims "Canada is grounded upon principles that recognize the supremacy of God." This claim is hopelessly confused and it has no place in our constitution. This is true, moreover, whether you are a Christian, a Jew, a Muslim, a Pantheist, an atheist, or someone who has never given one moment's thought to "the supremacy of God" -- much less "recognized" it.

In this preamble, we highlight some of the more recent work on gender and sexuality in African philosophy. We do this as a way of introducing the special issue on “African Philosophy, Women, and Feminism”. In particular, we outline and highlight the trajectory and intellectual landscape of several discussions on women and feminism in African philosophy in the issue, and in this way, build on some previous work on gender, women, sexuality and African philosophy.

In our preamble, it might be helpful this time to give a story about where we are going, rather than (as in previous episodes) review again where we’ve been. So, at the risk of spoiling the excitement, here’s what’s going to happen in this and the following three Episodes.

A Gricean preamble concludes that though utterances have unintended meanings, those cannot be considered apart from their intended meanings. Intention distinguishes artworks from natural phenomena. To allocate an artwork to a genre, to accept its normal authorial boundaries and that its content is not random but chosen, is to concede intention's centrality. Wimsatt and Beardsley were right that meaning is public. But they think 'intention' is 'private' or 'unavailable'. However, it too is public, in the work. Fictions are utterances (...) of a curious kind. They may mimic, but are not meant to be taken for, veridical reports. Neither are they 'pseudo-statements' nor 'pretended illocutionary acts'. Their logical form is actually this: 'I [author] invite you [reader] to imagine that S [content].' This prescribes no response, nor claims to describe the 'real' world, even though it may elicit a response appropriate to real-life events. One reason for imagining fictional situations may be to strengthen the perceptions necessary for real life. (shrink)

This is a paper about two philosophers who wrote to each other. One is famous; the other is not. It is about two practical standpoints, the strategic and the human, and what the famous philosopher said of them. And it is about friendship and deception, duty and despair. That is enough by way of preamble.