This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

The constitutional freedom of the individual is a specific legal permission to perform certain act-types by virtue of the constitution. Legal and constitutional permissions are either negative permissions, consisting of the lack of obligation or prohibition to perform a conduct, or positive permissions rendering the performance of certain acts possible. Further, a distinction is proposed between legal systems containing their constitution and those not containing their constitution. In the former, constitutional freedom is the freedom to perform any conduct, i.e. any (...) conduct neither obligatory nor prohibited by the law. In legal systems containing their constitution constitutional freedom includes all the act-types obligatorily permitted in the constitution as denominated freedom-rights. The final section contends that the “general right to freedom” is but a special case of the constitutional principle of equality. (shrink)

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. (...) Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

Whether truth is absolute or relative has been a widely discussed topic for over two thousand years in epistemology and the philosophy of science. However, this issue has not yet been discussed systematically with respect to linguistics. The present paper attempts to make the first step toward filling this gap. It raises the following question in Sect. 1: What kind of relationship is there between the pluralism of inquiry, the relativistic and the absolutistic approach to truth, and the tolerance of (...) views differing from one’s own in the practice of linguistic research? After Sect. 2 has clarified what is meant by ‘relativism’, ‘absolutism’, ‘pluralism’ and ‘tolerance’, Sects. 3–5 describe, analyse, and systematize the ways in which relativistic and absolutistic views are manifested in linguistic theorizing. Finally, Sect. 6 summarizes the findings and gives a sophisticated answer to the main question of the paper. (shrink)

This paper offers an ethical analysis of online steering, the practice of personalizing search results in e-commerce based on data about users. We first outline the parallels and differences between online steering and price discrimination, arguing that online steering is more likely to benefit consumers and enhance social welfare than price discrimination. Next, we argue that while online steering does not violate any plausible specification of the equal-treatment norm, it involves an element of manipulation that is absent in price discrimination (...) and that by itself raises ethical concerns regardless of the welfare effects of online steering. We conclude that in order to address these ethical concerns, online steering needs to satisfy a transparency condition. (shrink)

Bioeconomy solutions potentially reduce the utilization demand of natural resources, and therefore, represent steps towards circular economy, but are not per se equivalent to sustainability. Thus, production may remain to be achieved against losses in natural resources or at other environmental costs, and materials produced by bioeconomy are not necessarily biodegradable. As a consequence, the assumption that emerging bioeconomy by itself provides an environmentally sustainable economy is not justified, as technologies do not necessarily become sustainable merely through their conversion to (...) using renewable resources for their production. A source of the above assumption is that the utility of bioeconomy is mostly assessed in interaction between technology developers and economists, resulting in biased assessment with private commercial technology benefits being included, but environmental costs, especially longer term ones, not being sufficiently considered in the economic models. A possible solution to this conceptual contradiction may come from bioethics, as a strong concept in environmental ethics is that no technological intervention can be imposed on nature beyond its receptive capacity. To achieve a better balanced analysis of bioeconomy, environmental and ecological, as well as non-economic social aspects, need to be included in the overall assessment. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

Filosofía antigua -- Filosofía medieval : heavy metal y religión -- Filosofía moderna y contemporánea.

Christian apocalyptic sentiments of the late seventh century produced the Apocalypse of Pseudo-Methodius, a Syriac composition which proposes the immediate downfall of the Arab dominion at the hands of a last Roman emperor. This notion of the Last Roman Emperor who – after having defeated the Arabs – would usher in a time of prosperity, face the eschatological people of the North, and ultimately abdicate to God at the end of times developed into an apocalyptic motif of ubiquitous influence. Out (...) of its long-standing and wide-ranging tradition the present article deals with the afterlife of the Pseudo-Methodian Last Roman Emperor motif in the earlier Byzantine apocalyptic tradition. By means of conceptual comparison I map the use and the adaptations of this literary topos, thereby learning how this motif was accommodated to the Byzantine audience and how it became one of the most prominent motifs of Byzantine apocalyptic thought. My source material comprises the original Syriac Apocalypse, two Syriac apocalypses that are closely related to it, its first Greek redaction, five apocalypses from the Visions of Daniel group, and the Andreas Salos Apocalypse. Among others, I conclude that these apocalyptic texts show a tendency to fragment the Last Roman Emperor motif and delay the ultimate end of the world by prolonging the eschatological decline of the Roman Empire. (shrink)

The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities. The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover, Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other, noncriminal legal circumstances, where ethnic data is used in the context of (...) additional rights and affirmative protection provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory consequences. (shrink)

Individualists hold that moral responsibility can be ascribed to single human beings only. An important collectivist objection is that individualism is morally deficient because it leaves a normative residue. Without attributing responsibility to collectives there remains a “deficit in the accounting books” (Pettit). This collectivist strategy often uses judgment aggregation paradoxes to show that the collective can be responsible when no individual is. I argue that we do not need collectivism to handle such cases because the individualist analysis leaves no (...) responsibility-deficit. Harm suffered in such situations can have only two sources. Harm is either due to culpable wrongdoing by individuals. Harm is then redressed by holding these individuals responsible. Or harm does not result from culpable wrongdoing. Such harm may have to be redressed too, but not because anyone is responsible for it. Therefore, the charge of moral insensitivity against individualist accounts can be rejected. Furthermore, in the last section of the chapter I will show that collectivist talk about moral responsibility can be used for ethically questionable purposes as well. Collectivists cannot claim the moral high ground. (shrink)

This paper argues that emotions can play an epistemic role as justifiers of evaluative beliefs. It also presents the heuristics theory of emotion as an empirically informed explanation of how emotions can play such a role and why they in practice usefully complement non-affective evaluative judgments. As such, the heuristics theory represents a form of moderate rationalism: it acknowledges that emotions can be epistemically valuable, even privileged in some sense, but denies that they would be uniquely privileged. I argue that (...) judgments and emotional responses pick out different but correlated kinds of evaluative properties and therefore emotional responses and non-affective evaluative judgments play mutually complementary rather than mutually exclusive roles. It follows that emotional responses can be legitimately drawn upon to support evaluative beliefs, but they lack supreme epistemic authority. (shrink)

Many believe that values are crucially dependent on emotions. This paper focuses on epistemic aspects of the putative link between emotions and value by asking two related questions. First, how exactly are emotions supposed to latch onto or track values? And second, how well suited are emotions to detecting or learning about values? To answer the first question, the paper develops the heuristics-model of emotions. This approach models emotions as sui generis heuristics of value. The empirical plausibility of the heuristics-model (...) is demonstrated using evidence from experimental psychology, evolutionary anthropology and neuroscience. The model is used then to answer the second question. If emotions are indeed heuristics of value, then it follows that emotions can be an important and useful source of information about value. However, emotions will not be epistemically superior in the sense of being the highest court of appeal for the justification of axiological beliefs (the latter view is referred to as the Epistemic Dependence Thesis, or EDT for short). The paper applies the heuristics-model to celebrated cases from the philosophy of emotions literature arguing that while the heuristics-model offers a good explanation of typical patterns of emotional reactions in such cases, advocates of EDT will have a hard time accounting for these patterns. The paper also shows that the conclusions drawn from special cases generalize. The paper ends by arguing that skepticism about the metaethical significance of emotions is compatible with a commitment to the importance of emotions in first-order normative ethics. (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)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

The chin, a distinguishing feature of Homo sapiens, has sparked ongoing debates regarding its evolutionary origins and adaptive significance. We contend that these controversies stem from a fundamental disagreement about what constitutes a well-defined biological trait, a problem that has received insufficient attention despite its recognized importance in biology. In this paper, we leverage paleoanthropological research on the human chin to investigate the general issue of character or trait identification. First, we examine four accounts of the human chin from the (...) existing literature: the mandibular differential growth byproduct, the bony prominence, the inverted T-relief, and the symphyseal angle. We then generalize from these accounts and propose a three-stage framework for the process of character identification: description, detection, and justification. We use this framework to reinterpret the four accounts, elucidating key points of contention surrounding the chin as well as other morphological characters. We show that debates over the chin carry broad and important biological implications that extend beyond this trait and that are not mere semantic issues of definition. (shrink)

The paper relates two different fields of research: the historiography of generative linguistics and argumentation theory, a central topic of which is the investigation of fallacies. Relating the two fields is a challenge: Since fallacies seem to be at the heart of the historiography of generative linguistics, any thorough evaluation of its present state of the art also involves accounting for fallacies. The paper applies Kertész and Rákosi’s p-model of plausible argumentation to a case study on heated discussions in the (...) historiography of generative linguistics. As a result, basic properties of fallacious argumentation are revealed and delimited from plausible argumentation in linguistic historiography. In addition, the paper also draws generalizable conclusions that may affect the historiography of other human sciences as well. (shrink)

It is widely believed that inconsistency is one of the greatest sins a scholar can commit. This issue is especially relevant in linguistics due to the rich diversity of data types, exceptions to the rules, counterexamples to the hypotheses, and background assumptions which constantly come into conflict with methodological principles. Bringing together ideas from linguistics and philosophy of science, this groundbreaking book seeks to answer the following questions: which kinds of inconsistency arise in linguistic theorising? Under which conditions can inconsistencies (...) be tolerated? And how can inconsistencies be resolved? It is the first study to develop a novel metatheoretical framework that accounts for the emergence and the resolution of inconsistency in linguistic theorising, and to reveal the strategies of inconsistency resolution in theoretical linguistics. Supported by detailed case studies, the findings of this metatheoretical analysis can be applied to improve the effectiveness of the working linguist's problem-solving activity. (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.

A simple inductive argument shows natural languages to have infinitly many sentences, but workers in the field have uncovered clear evidence of a diverse group of ‘exceptional’ languages from Proto-Uralic to Dyirbal and most recently, Pirahã, that appear to lack recursive devices entirely. We argue that in an information-theoretic setting non-recursive natural languages appear neither exceptional nor functionally inferior to the recursive majority.

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

Sentimentalists believe that values are crucially dependent on emotions. Epistemic sentimentalists subscribe to what I call the final-court-of-appeal view: emotional experience is ultimately necessary and can be sufficient for the justification of evaluative beliefs. This paper rejects this view defending a moderate version of rationalism that steers clear of the excesses of both “Stoic” rationalism and epistemic sentimentalism. We should grant that emotions play a significant epistemic role in justifying evaluations. At the same time, evaluative justification is not uniquely or (...) especially dependent on emotions. The anti-sentimentalist argument developed in this paper is based on the indeterminacy thesis. The thesis states that the evaluative properties picked out by our emotional responses are too indeterminate to play a central role in our evaluative practices. I argue that while the indeterminacy thesis undermines the final-court-of-appeal view it supports the claim that emotional responses can provide prima facie justification for evaluative beliefs. (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)