Over the centuries, Grotius’s writings on onderzetting (rights of hypothec) have been widely cited, particularly in the Netherlands and South Africa. This article investigates the originality and lasting impact of Grotius’s contributions to this field. The article follows the layout of the chapter on hypothecs of Grotius’s Inleiding tot de Hollandsche Rechts-geleertheyd. It examines Grotius’s translation of hypotheca as onderzetting, the structure of his Inleiding, the distinctions between various kinds of hypothec, and contemporary requirements for the creation of hypothecs. It (...) then explores the right to follow encumbered assets into the hands of third parties and analyses the enforcement of hypothecs, priority issues in cases of competing hypothecs, and reflects on Grotius’s influence on Dutch security rights. In summary, although Grotius’s insights were largely derivative, often echoing interpretations of earlier scholars, they illustrate Grotius’s deep understanding of the influence of Germanic and Roman law on Roman-Dutch security rights. Grotius had a lasting impact on legal scholarship and practice because he was the first to provide a scholarly systematization of Roman-Dutch law within the framework of Justinian’s Institutes and firmly placed the rights of hypothec in the book on property rights of his Inleiding. (shrink)

The Politica as a specific genre of academic reflection on civil life developed from the later sixteenth century and flourished until at least the mid-seventeenth century, especially at universities in the Holy Roman Empire and where their influence was felt, as in the Dutch Republic. Theologians, Philosophers, Jurists, and Medical Doctors contributed books. Aside from few and only with difficulty accessible surveys, and a few individual well-researched authors, research into this genre remains a task for the future. This (...) survey collects contributions from a number of senior and younger researchers and their various approaches and arguments. In particular, by providing examples of the heterogeneity of current research, it serves as an introduction to the genre and to a more complete assessment of the development of Early Modern political thought. The volume also stresses the importance of this genre for several transformations of political thought in the Early Modern Age. (shrink)

The development of the South African legal system in the early twentieth century was crucial to the establishment and maintenance of the systems which underpinned the racist state, including control of the population, the running of the economy, and the legitimization of the regime. Martin Chanock's highly illuminating and definitive perspective on that development examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions. (...) His revisionist analysis of the construction of South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization. (shrink)

This book compares the respective concepts of the law of nations put forward by the Spanish theologian Francisco Suárez and by the Dutch jurist Hugo Grotius. This comparison is based on the fact that both thinkers developed quite similar notions and were the first to depart from the Roman conception, which persisted throughout the entire Middle Ages and the early Renaissance. In Rome, jus gentium was a law that applied to foreigners within the Empire, and one which was (...) often mistaken for Natural Law itself. These two features can be found even in the works of writers such as Francisco de Vitória and Alberico Gentili. In Suárez and Grotius, the law of nations is applicable to an extra-national domain and inarguably becomes positive law. Yet, it also contains an ethical element that prevents it from transforming into a mere reflection of state interests. This work argues that this resemblance is hardly a coincidence: Grotius has read Suárez, and that influence has modified the foundations of his early thoughts on jus gentium. This should not be taken to imply that the Dutch jurist wasn't original: in both authors, the definition of the law of nations pursues his own internal logic. Nevertheless, Suárez's oeuvre allowed Grotius to solve a fundamental problem touched on in his early writings that had remained unanswered. Accordingly, his oeuvre promises to clarify one of the most significant moments in the History of International Law. (shrink)

In this article, we explore why solidarity has not worked according to expectation in EU migration and asylum law and why it is unlikely to work in the future. First, we consider discourses of burden-sharing and solidarity in EU law from the 1990s up to the Lisbon Treaty in 2009 to identify emergent path dependencies. This period saw the introduction of primary law provisions on solidarity, such as Article 80 TFEU, as French and Dutch electorates had rejected a European (...) constitution. Second, we perform an analysis of Article 80 through the conceptual history of solidarity, in particular, the dominant Roman law tradition of obligation in solidum and the French tradition of solidarism. We submit that the term ‘solidarity’ is actually a misnomer: already on structural grounds, Article 80 should be read as an alliance clause, countering a threat of irregular immigration. Third, we find that the practice under Article 80 as it develops during the period between 2015 and the 2020 European Commission Pact on Migration and Asylum corroborates this finding. Overall, we find that the concept of solidarity in EU asylum and migration law engenders outcome expectations that it cannot deliver as the defence alliance it is. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius (1583–1645) has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae (written in 1604–1608) and De Jure Belli ac Pacis (1625), with little reference to the historical context. Insufficient consideration has been given to the intended audience(s) of these works, Grotius’ purpose in (...) writing them, and the possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company (or VOC) in autumn 1604. The brutal murder of Sebald de Weert on the island of Ceylon (modern-day Sri Lanka) in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ (lack of) faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic. In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war(s) in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce (1609–1621). Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

A crucial element of sovereignty politics concerns the role that juridical techniques play in recursively creating images of the sovereign. This paper aims to render that dimension explicit by focusing on examples of crime-focused law and colonial rule at the Cape of Good Hope circa 1795. It attempts to show how this law helped to define a colonial sovereign via such idioms as proclamations, inquisitorial criminal procedures, and case narratives framing the atrocity and appropriate punishment for crimes. Referring to primary (...) texts of the time, the paper explores how procedures and narratives of Cape law were also deeply involved in fashioning specific images of the sovereign in whose name it claimed to operate. (shrink)

The possible Stoic origins of the natural rights and natural law theories of the Dutch jurist Hugo Grotius has been a subject of scholarly debate in recent years. Yet discussions about Grotian sociability tend to focus exclusively on the meaning of appetitus societatis in De Jure Praedae and De Jure Belli ac Pacis , with little reference to the historical context. Insufficient consideration has been given to the intended audience of these works, Grotius’ purpose in writing them, and the (...) possible correlation between his overarching argument and his working methods. This article examines Grotius’ use and abuse of Seneca's philosophical works in De Jure Praedae, commissioned by the directors of the Dutch East India Company in autumn 1604.The brutal murder of Sebald de Weert on the island of Ceylon in June 1603 is analyzed from a Stoic perspective in Chapter 15 of De Jure Praedae. Following his refusal to hand over Portuguese prisoners, De Weert and his crew were butchered on the beach of Batticaloa by Wilama Dharma Suriya, the ruler of the island's interior. Grotius blamed the victim. VOC commanders in monsoon Asia should suppress any residual loyalty which they might feel towards Christendom. It was imperative to conclude alliances with native rulers against the Iberian colonial powers, regardless of the rulers’ faith or their horrific treatment of prisoners. As Grotius noted in Chapter 8 of De Jure Praedae, Seneca distinguished between “two kinds of commonwealth, the world state and the city state.” Spanish and Portuguese violations of the natural law – freedom of trade and navigation in particular – deserved condign punishment for the sake of both the fellowship of mankind and, naturally, the VOC and Dutch Republic.In assessing the uses of Stoicism in De Jure Praedae, much can be learned from the physical characteristics of Ms. BPL 917 in Leiden University Library, its sole surviving manuscript copy. Seneca's philosophical works are not cited at all in the original text of Ms. BPL 917, which Grotius copied out in 1604–1605. Instead, quotations from De Ira, De Clementia and De Beneficiis appear in the top and bottom margins of folio-pages or on inserted sheets of paper, which can be dated to 1607–1608. These quotations serve to flesh out an existing argument about the VOC's just war in the East Indies. A case in point is the heavily rewritten Chapter 2. Grotius added quotations from De Clementia at the same time as he reformulated two natural laws on f. 8–9, a folio sheet inserted in or after January 1607. This was no coincidence. Revenging the past misdeeds of the Portuguese, which Grotius had described in great detail in Chapter 11, could no longer be considered the main or only priority of the VOC. Instead, Grotius contended on f. 8–9 that “evil deeds must be corrected” so as to achieve, in Seneca's words, “universal security.” Acting as a kind of global police force, the VOC should punish transgressors of the natural law on account of “that world community” envisioned by the Stoics. The practical consequences were felt during the Twelve Years Truce . Despite a cessation of arms in Europe, the VOC continued to engage in hostilities in the East Indies. The author of De Jure Praedae supported the Company on this. Like Cicero before him, he had successfully harnessed the Stoa to the cause of empire. (shrink)

In his Inleidinge tot de Hollandsche Rechts-geleerdheid, Hugo Grotius wrote an accessible introductory overview of Hollandic law, in which he combined insights from the learned law (ius commune) with the particular law of Holland. The Inleidinge was read by generations of Dutch law students, and would thus become very influential in the Roman-Dutch tradition. This contribution studies how the topic of representation, especially in a business context, was treated in Grotius’s Inleidinge. On the basis of an analysis (...) of the Justinianic Corpus iuris, the medieval ius commune tradition and – especially – early modern scholarship from the Low Countries, it is argued that Grotius’s Inleidinge by and large followed the communis opinio among the learned scholars, although on one important point – namely the acquisition by a third party of a claim on the basis of a stipulatio alteri – Grotius went beyond that communis opinio and, thus, opened the way for a gradual wider legal acceptance of active direct representation. (shrink)

Today, there are several problems in the field of criminal law caused both by the emergence of new types of legal relations and by the imperfection of legislation. Due to the emergence of new challenges in the field of criminal law, many of them require theoretical understanding. Some of these challenges, generated in the light of the armed aggression of the Russian Federation against Ukraine, revealed several reasons for discussion in the Ukrainian and international legal community. The purpose of the (...) study involves consideration of certain aspects of modern challenges in the field of criminal-legal relations, which arose against the background of the military aggression of the Russian Federation in Ukraine. The first part of the study is devoted to the question of the qualification of war crimes committed by the Russian Federation in Ukraine as acts of genocide. The second part of the work is devoted to the issue of using existing international legal mechanisms to hold the Russian Federation accountable for war crimes. There are convincing reasons to say that the actions of the Russian Federation during the war in Ukraine have signs of the crime of genocide. Even though Ukraine is not a party to the Rome Statute, the Ukrainian government can use another tool to bring the subjects of war crimes to justice, by creating a certain mixed investigative mechanism or a criminal tribunal that could deal directly with the crime of aggression. (shrink)

Consider a gas that is adiabatically isolated from its environment and confined to the left half of a container. Then remove the wall separating the two parts. The gas will immediately start spreading and soon be evenly distributed over the entire available space. The gas has approached equilibrium. Thermodynamics (TD) characterizes this process in terms of an increase of thermodynamic entropy, which attains its maximum value at equilibrium. The second law of thermodynamics captures the irreversibility of this process by positing (...) that in an isolated system such as the gas entropy cannot decrease. The aim of statistical mechanics (SM) is to explain the behavior of the gas and, in particular, its conformity with the second law in terms of the dynamical laws governing the individual molecules of which the gas is made up. In what follows these laws are assumed to be the ones of Hamiltonian classical mechanics. We should not, however, ask for an explanation of the second law literally construed. This law is a universal law and as such cannot be explained by a statistical theory. But this is not a problem because we.. (shrink)

The last decade and a half has seen an ardent development of self-organised criticality, a new approach to complex systems, which has become important in many domains of natural as well as social science, such as geology, biology, astronomy, and economics, to mention just a few. This has led many to adopt a generalist stance towards SOC, which is now repeatedly claimed to be a universal theory of complex behaviour. The aim of this paper is twofold. First, I provide a (...) brief and non-technical introduction to SOC. Second, I critically discuss the various bold claims that have been made in connection with it. Throughout, I will adopt a rather sober attitude and argue that some people have been too readily carried away by fancy contentions. My overall conclusion will be that none of these bold claims can be maintained. Nevertheless, stripped of exaggerated expectations and daring assertions, many SOC models are interesting vehicles for promising scientific research.Author Keywords: Self-organised criticality; Scaling law; Models; Formal analogy. (shrink)

The article asks how valid arguments can be identified in legal reasoning if one assumes neither that an answer to this question can be found within the law itself nor that one is required to adopt a purely historical perspective. By combining discourse theory with Wittgenstein’s thoughts, a relativistic approach to discourse is developed. According to this, a general discourse on the legal means of argumentation is to be conducted, in which different positions emerge with regard to respective world pictures. (...) All of these can claim the normative correctness of their results with equal force, even if this must always remain only a temporary state. (shrink)

In light of new threats in the field of human rights stemming from global geopolitical shifts, criminal law is facing a myriad of new challenges that require adequate responses. Given this context, it is crucial to develop and refine criminal legal measures (CLMs) in order to safeguard societal interests and maintain stability in social relations. This paper undertakes an analysis of contemporary problems in the area of legal regulation and CLMs, as well as assesses the effectiveness of CLMs for individuals (...) engaged in criminal misconduct. The research provides grounds for arguing that the absence of a clear definition of CLMs in Ukrainian legal science renders the term potentially problematic. Moreover, there are currently no taxonomic markers or criteria for classifying CLMs, nor methods for evaluating the effectiveness of specific measures. Within the framework of the announced reforms in Ukraine’s criminal law, it becomes imperative not only to revisit the concept of CLMs but also to develop robust methodologies for assessing their effectiveness. This measure appears necessary both in light of the need to legally formalize CLMs and to systematize them in the future. (shrink)

The 2002 Dutch Euthanasia law applies to patients aged 12 years and older. Developments in end-of-life care and decision-making in the last decade have sparked the debate about usefulness and necessity to extend euthanasia to include children under 12 years of age. This paper describes two opposite positions: the affirmative position of a pediatrician and expert in pediatric palliative care and the negative position of a jurist and specialist in health law.

On the face of it ‘deterministic chance’ is an oxymoron: either an event is chancy or deterministic, but not both. Nevertheless, the world is rife with events that seem to be exactly that: chancy and deterministic at once. Simple gambling devices like coins and dice are cases in point. On the one hand they are governed by deterministic laws – the laws of classical mechanics – and hence given the initial condition of, say, a coin toss it is determined whether (...) it will land heads or tails.2 On the other hand, we commonly assign probabilities to the different outcomes a coin toss, and doing so has proven successful in guiding our actions. The same dilemma also emerges in less mundane contexts. Classical statistical mechanics (which is still an important part of modern physics) assigns probabilities to the occurrence of certain events – for instance to the spreading of a gas that is originally confined to the left half of a container – but at the same time assumes that the relevant systems are deterministic. How can this apparent conflict be resolved? (shrink)

This article outlines a discursive framework for understanding public policy uses in different narrative contexts. The framework describes a definition of the term «discourse,» its historic and intuitionally related nature, and how descriptions of «state» and «policy» transforms into legal, political science, managerial, and «public/state policy» discursive practices. The author postu- lates that the discourse of public policy is a place of a «clash of rationalities» in the industry. Because of this, the SS concludes that the essence of public policy, (...) its perception, understanding, and reaction to it are determined by the dominance of certain institutional discourses and the dominance of their bearers: «political scientists», human rights defenders, lawyers, managers and their ideas about the nature of the state and its «politics». The dominant discourses have the na- ture of uncritical extrapolations, or transfers of certain rationality inherent in one area to another, qualitatively different from it. The consequence of such an expansion of rationality from one sphere to another is the «inadequacy» of the discourse. It then discusses a comparative explica- tion of fundamentals, which constitute the narrative practices of each discourse. Furthermore, it proposed an explanation of the subject specifics of «public policy» as an area centered around «problems,» «options,» «impacts,» and «interests / stakes,» and then traces the significant distor- tions and contortions of this topic in the semantic horizons of related discourses. The article focuses on the rising issues of public policy, depending on the specifics of the discourse — whether «political», «legal,» or «managerial». For example, «political science» discourse emphasizes the problems of the consequences of one of the dimensions of influence for the interests of different parts of society; «Legal» discourse focuses on one group of instruments of influence (norms); «Managerial» discourse draws attention to a separate stage of implementation of already estab- lished public policy. Finally, this paper indicates the dominance of such discourses and their dependency on the historical context of contemporary Ukraine. (shrink)

This paper discusses the concept of information formulated by Michael (Michał) Heller. Heller—a philosopher, theoretical physicist, cosmologist, and theologian—provided a complex image of information and its role in nature, which is rarely found in studies of information. Heller posited that the laws of nature may be interpreted as information, or as providing information, presenting this as a complementary view to scientific structuralism (not discussed in this paper). According to Heller, the informational content of a structure in nature is inversely proportional (...) to that structure’s degree of freedom. The more constrained or complex a structure is, and the less likely it is to exist, the more information it contains. In Heller’s view, the concept of information in Shannon’s Theory of Communication (ToC) is inadequate for expressing the notion of information beyond a numerical measure of a signal structure. Information in Heller’s research closely aligns with the concepts of Jacquette’s and Perzanowski’s combinatorial ontology (concepts not discussed in this paper) and the general theory of information (GTI) of Mark Burgin, although Heller did not explicitly make these connections. (shrink)

OBJECTIVE PREDICATION The author claims that there are two kinds of predicates that are used to describe cognitive states of mind like beliefs or perception. Using some of them, one can describe the cognitive states of mind directly, whereas using some others, one can describe these states in comparison with one’s own. For example, one can say that a person has a belief or one can say that that person’s belief is according to his own beliefs. In the latter situation, (...) he uses the predicate “to know”. The conditions that Peter uses correctly the sentence “John knows that p” are as follows: (1) Peter believes that John believes that p; (2) Peter believes that p; (3) Peter believes that the reasons for which John believes that p have a good justification. In a similar way one can ascribe to somebody a visual impression of an object x or to compare that person’s impressions with his own cognitive states. In the latter situation one uses the predicate “to see” (to perceive). The conditions that Peter uses correctly the sentence “John can see x” are the following: (I) Peter believes that John has visual impression of object x; (II) Peter believes that object x exists; (III) Peter believes that this that John has visual impression of object x is according to the laws of vision. When one uses predicates that describe cognitive states of mind of a person (possession of beliefs or sensory impressions), one speaks subjectively, whereas when one speaks objectively, he uses predicates that allow him to compare cognitive states of mind of a person with his own. Keywords: PREDICATION, BELIEFS, PERCEPTION. (shrink)

On April 10, 2001, after extensive committee deliberations, the Second Chamber of the Dutch Parliament passed a bill that was introduced in August 1999 legalizing physician-assisted death. The bill is officially called It was passed by a majority vote in the Second Chamber of Parliament and was supported by the majority parties constituting the present coalition government (i.e., liberals and socialists). Opposition to the law came mainly from a minority of Christian parties. In this report we explore the meaning (...) of this bill and describe some of its problematic and paradoxical items. (shrink)

The purpose of this article is to examine the process of deterritorialization of legal concepts embedded in international commercial contracts. Typically written in English, these contracts often incorporate concepts derived from common law jurisdictions, given that English is the language of expression for the common law tradition. This underscores the intrinsic interconnection between language and underlying legal concepts. While parties involved in contract drafting may sometimes mitigate this connection by using terms and clauses that do not immediately evoke common law (...) associations, the use of English as the medium for conveying concepts in international commercial contracts does not necessarily facilitate this process. Consequently, legal concepts rooted in specific traditions adapt to new contexts shaped by the linguistic, cognitive, cultural, and legal backgrounds of the contracting parties, those tasked with interpreting the contracts, and the law governing the agreements. This paper illustrates the dynamics of this process through examples drawn from international commercial contracts, focusing on both individual terms and entire contractual clauses. These examples highlight how legal concepts, as expressed in these contracts, evolve within new environments shaped by diverse linguistic, cognitive, cultural, and legal determinants. (shrink)

si quis patriae meae pecuniam credat, non dicam me illius debitorem nec hoc aes alienum profitebor aut candidatus aut reus: ad exsoluendum tamen hoc dabo portionem meam.If anyone were to lend money to my country, I will not call myself his debtor nor will I declare this as money owed either when a candidate or when prosecuted: nevertheless, I will contribute my share to paying off the debt. Miriam Griffin drew attention to the comment of Justus Lipsius: ‘a defendant might (...) have to make such a declaration in cases involving financial penalties, such as extortion and peculation, for when the litis aestimatio [‘assessment of damages’] was made, it would be important to know who the other claimants to the convicted man's assets were, and how encumbered his property was.’ No further elucidation, however, has been made since Lipsius. Mommsen failed to record this passage in his Staatsrecht and Strafrecht, and, as far as we know, no monograph on Roman criminal law mentions the passage of Seneca. (shrink)

Medical communication in Western-oriented countries is dominated by concepts of shared decision-making and patient autonomy. In interactions with Roma patients, these behavioral patterns rarely seem to be achieved because the culture and ethnicity have often been shown as barriers in establishing an effective and satisfying doctor–patient relationship. The study aims to explore the Roma’s beliefs and experiences related to autonomy and decision-making process in the case of a disease with poor prognosis. Forty-eight Roma people from two Romanian counties participated in (...) semi-structured interviews, conducted by a research team from the University of Medicine and Pharmacy of Iasi. Participants were recruited among the chronically ill patients and caregivers. The Roma community opposes informing the terminal patients about their condition, the “silence conspiracy” being widely practiced. The family fully undertakes the right of decision making, thus minimizing the patient’s autonomy. We identified ethical dilemmas concerning autonomy, lack of patients’ real decision-making power, and paternalistic attitudes exerted firstly by the family and, on demand, by the physician. Instead, the Roma patient benefits from a very active support network, being accompanied at the hospital by numerous relatives. The patient’s right to make autonomous decisions promoted in the Western countries and stipulated by the Romanian law has diminished value in the Roma community. For the Roma, the understanding of dignity is not simply individual and personal, but it is closely related to their cultural particularities. Ignoring their cultural values could create conflicts between healthcare providers and community. (shrink)

In the philosophy of the Jesuits of this period one can distinguish philosophy connected with teaching, i.e. taught at schools led by the Jesuits, and Civic philosophy, not connected directly with teaching. This was mainly social, economic, and political philosophy, especially philosophy of the state, law and the like.

In the paper I ask the question about the relation between formal logic and the natural logic of human mind. By a natural logic I mean the ways of thinking of a person that is intelligent but untrained in formal logic. As it turns out that the laws, rules or properties of formal logic in some cases diverge from the natural ways of reasoning, I explain the causes of this divergence. Since the majority of research in this area has been (...) carried out from the standpoint of psychology, as a logician I suggest a slight change of the angle from which we look at the problem. I argue that certain narrowing of an interdisciplinary research would be helpful in getting a better picture of natural logic, and might provide a new stimulus for formal investigations. (shrink)

L. L. Fuller offers definitions of the essence of morals and the essence of law, taking them as the starting point for his theory which describes the relationships between these two normative spheres. Both law and morality are studied from the perspective of the natural law.

У статті висвітлюються різні погляди на поняття справедливості. Зосереджується увага на неоднозначному тлумаченні цієї філософської категорії. Розглянуто процес реалізації принципів справедливості в різні історичні епохи. При цьому враховується характер політичних і суспільних устроїв. Сфокусовано погляд на основні принципи нових підходів до теоретичного осмислення і практичного втілення принципів справедливості на прикладі концепцій Платона, Арістотеля, Джона Ролза.

Translated excerpts from works by various authors; original titles and names of the translators given in captions.

Surrogacy is a type of medically assisted reproduction (MAR), which is considered to be a relatively simple medical procedure. However, psychosocially, ethically and legally, it is extremely complicated. There has been a significant increase in interest in the procedure lately. This is largely due to the fact that it is now available to groups of applicants other than traditional heterosexual couples of reproductive age. Its purpose is to examine various approaches to determining what is legally acceptable as parenthood after surrogacy. (...) Our conclusion is that the wishes and rights of the individual actors (intended parent(s), surrogate mother, future child, gamete donors and society as a whole) are incompatible and contradictory. None of the probable solutions suggested from different perspectives can ensure that the wishes and rights of all are fulfilled at the same time. (shrink)

In this study, we examined the learning of new grapheme-phoneme correspondences in individuals with and without dyslexia. Additionally, we investigated the relation between grapheme-phoneme learning and measures of phonological awareness, orthographic knowledge and rapid automatized naming, with a focus on the unique joint variance of grapheme-phoneme learning to word and non-word reading achievement. Training of grapheme-phoneme associations consisted of a 20-min training program in which eight novel letters (Hebrew) needed to be paired with speech sounds taken from the participant's native (...) language (Dutch). Eighty-four third grade students, of whom 20 were diagnosed with dyslexia, participated in the training and testing. Our results indicate a reduced ability of dyslexic readers in applying newly learned grapheme-phoneme correspondences while reading words which consist of these novel letters. However, we did not observe a significant independent contribution of grapheme-phoneme learning to reading outcomes. Alternatively, results from the regression analysis indicate that failure to read may be due to differences in phonological and/or orthographic knowledge but not to differences in the grapheme-phoneme-conversion process itself. (shrink)

From a historical perspective the reflection of opposites is a creative strategy of coping with infinite regress. The lawfulness of law is only a particular version of the general paradox that occurs when a distinction is applied to itself. Common legal techniques of avoiding the paradox of self-reference amount to evacuating it or to building hierarchies. Modern strategies futurize the problem under the paradigms of autonomy and procedurality. With increasing complexity legal self-descriptions all the more cling to the ideals of (...) completeness, coherence, and accurate generalisation. However, one can retrace antinomical structures: The legal system is at the same time incomplete, caught in multiple binds, and inadequate from case to case due to highly selective concepts. The law keeps producing conflicts that again must be legally resolved. (shrink)

The extract from Paul's second book de adulteriis which is quoted at Digest 24.2.9 has been the source of much discussion about its implications for Roman divorce procedure. The text reads: nullum divortium ratum est nisi septem civibus Romanis puberibus adhibitis praeter libertumeius qui divortium faciet. libertum accipiemus etiam eum, qui a patre avo proavo et ceteris susum versum manumissus sit.