The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and (...) applicable legal science. The journal has been officially granted the status of prestigious publication that embodies the acknowledgement of the publications for the authors of the articles published in the journal while claiming for the scientific degree or pedagogical title. The publications of this journal are reflected in the notorious international data bases. During the past twenty years, 132 tomes of “Jurisprudence”, that overwhelms more than 2100 printer’s sheets, have been published. Approximately 1900 scientific articles in Lithuanian, English, German, French, Polish and Russian have been published. The genuine popularity and the social utility of the substance published in the journal is apparent not as much from the edition of the traditional paper version of the journal as from the data, showing the numbers of users downloading the electronic version of the articles of the journal that mostly reach the four-figure numbers, sometimes extending to five or six thousand. Some attention in the article is paid to discuss the primal problematics of legal science reflected in the pages of “Jurisprudence” as well as to describe the contribution of the authors of the articles. The content of the journal allows us to ascertain the variety of publications announced, as they overwhelm practically all the classical branches of legal science. The journal analyses the conceptual matters as well as solves the specific problems dictated by practice. Most of the articles published in the journal are oriented to the primal legal problems of a particular period, raise and analyse problematical questions relevant to both science and practice as well as correspond to the novelties of legal regulation in Lithuania. (shrink)

An early version of this paper was given at Smith College in October 1979 for a Renaissance conference on‘the lessons of history’ held in honour of Myron Piper Gilmore.

The last decade of the Qing dynasty and Republican period saw intensive efforts to revise the Qing Code, promulgate modern legal codes based on Japanese and German law, establish a modern system of courts, and develop a professional corps of lawyers and jurists. These institutional reforms were implemented as part of the drive to have extraterritoriality rescinded and safeguard the sovereignty of the Qing dynasty and then Republic of China. The reforms were accompanied by new categories within civil and criminal (...) law, new conceptions of legal knowledge and expertise, and rich discussions over sources of law which took place within the legal realm as well as the readership of Republican newspapers and journals. If, as Roger Berkowitz writes in his study of scientific codification in continental Europe, “in a legal system, there must be some way that the law comes to be known,” how did ways of knowing law change during this period of legal reform and broader intellectual change? Through a survey of jurisprudence textbooks and other legal publications, this paper argues that writers in early 20th-century China came to define jurisprudence in positivistic terms, ultimately using new conceptions of science and social science to identify its place within a new ordering of modern knowledge. (shrink)

In a series of powerful and challenging articles emerging since the mid-1990s, Brian Leiter has argued that certain theoretical strains in contemporary legal philosophy are ‘epistemologically bankrupt’, in virtue of their reliance on misguided argumentative devices: analysing concepts, such as the concepts of law and of authority; and doing so by appealing to intuitions regarding the correct way to understand the concepts in question. In response to this state of affairs, Leiter advocates that jurisprudence ought to attempt to catch-up with (...) ‘naturalistic’ developments which have influenced the direction of other branches of philosophy – such as epistemology, philosophy of mind, and moral philosophy – in the last few decades. This article offers a critical analysis of some of Leiter’s proposals for what Jurisprudence should become, in light of his views on the relevance of naturalism for this discipline. (shrink)

The value-ladenness of computer algorithms is typically framed around issues of epistemic risk. In this article, I examine a deeper sense of value-ladenness: algorithmic methods are not only themselves value-laden but also introduce value into how we reason about their domain of application. I call this domain distortion. In particular, using insights from jurisprudence, I show that the use of recidivism risk assessment algorithms presupposes legal formalism and blurs the distinction between liability assessment and sentencing, which distorts how the domain (...) of criminal punishment is conceived and provides a distinctive avenue for values to enter the legal process. (shrink)

Does Duncan Kennedy successfully cannibalize jurisprudence? He attempts to do it by demonstrating the inexistence of rightness in legal argumentation. If there is no right legal argument, then there is no right answer in adjudication, adjudication is not a rational enterprise and legal doctrine cannot be said to be a science. It can be shown that skepticism is self-defeating. Duncan Kennedy can avoid self defeat only because he actually believes in a lot of legal arguments. His thesis that judges (...) decide questions of policy without any methodology that distinguishes them from legislators does not hold. Judicial reasoning is subject to constraints that do not affect legislators. It must be based on the sources of law and is limited by rules of procedure. Even when the judges have ‘interstitial’ legislative powers they are, unlike the legislator, bound to fit the system and their decisions are considered in procedure from the perspective of the right answer doctrine. The only work that can convincingly refute the skeptic argument against legal science is the reconstruction of jurisprudence as a scientific enterprise. Such work is beyond the scope of any single paper. The article aims to give some inspirations for such a task. (shrink)

The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals in (...) the field of constitutional law, including publications by prof. dr. Juozas Žilys, the first Chairman of the Constitutional Court of the Republic of Lithuania and the former dean of the Law Faculty of Mykolas Romeris University, as the area of criminal procedure has so far included only several publications, the direct objective of which was to study issues on the constitutionalisation of criminal procedure. (shrink)

This paper aims at understanding the concept of convention in mechanics as a notion transferred from the field of jurisprudence. This enables us to clarify it as a new epistemic category having a pertinent role in the transformation of mechanics in the nineteenth century. Such understanding permits a separation from linguistic and arbitrary conventions, thus highlighting its epistemic features and not transforming fundamental principles into mere arbitrary agreements. After addressing the main references in the literature discussing the role of convention (...) in mechanics, we analyze its classical use as a concept originating from law. Then we explain its use by Carl G. Jacobi, Ferdinand F. Reech, and J. Henri Poincaré. Here we also show how their uses conform to the features analyzed regarding conventions in jurisprudence. Finally, we try to explain how the use of this concept, among other factors, contributed to the transformation of mechanics. (shrink)

In this paper I argue that the “dynamic functionalism” of Dewey’s evolutionary approach to ethics – moral norms emerge to address specific problems but must be constantly readjusted to changing contexts – had its roots in the comparative jurisprudence of Sir Henry Sumner Maine and Oliver Wendell Holmes Jr. First, I will discuss the rise of the comparative sciences in the nineteenth century, part of the backdrop for the work of Maine and various evolutionary anthropologists. Next, I will examine Maine’s (...) Ancient Law (1861), Edward Burnett Tylor’s Primitive Culture (1871), and Holmes’s The Common Law (1881), three related books that set up a dichotomy between existing custom and historical progress. Finally, I will show how this dichotomy was reflected in Dewey’s writing and teaching at the University of Michigan in the early 1890s, including “Anthropology and Law” (1893) and several courses in political philosophy. (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)

Legal philosophers have been preoccupied with specifying the differences between two systems of normative guidance that are omnipresent in all modern human societies: law and morality. Positivists propose a solution to this ‘Demarcation Problem’ according to which the legal validity of a norm cannot depend on its being morally valid, either in all or at least some possible legal systems. The proposed analysis purports to specify the essential and necessary features of law in virtue of which this is true. Yet, (...) the concept of law is an ‘artefact concept’, that is, a concept that picks out a phenomenon that necessarily owes its existence to human activities intended to create it. Artefact concepts, even simple ones like ‘chair’, are notoriously resistant to analyses in terms of their essential attributes, precisely because they are hostages to human ends and purposes, and also cannot be individuated by their natural properties. Twentieth-century philosophy of science dealt with a kindred Demarcation Problem: how to demarcate epistemically reliable forms of inquiry from epistemically unreliable ones, that is, how to demarcate science from pseudo-science or nonsense. Like the legal philosophers, they sought to identify the essential properties of a human artefact (namely, science). They failed, and spectacularly so, which led some philosophers to wonder, ‘Why does solving the Demarcation Problem matter?’ This essay develops the lessons for legal philosophy from this episode and its philosophical aftermath, and concludes that, in order not to become embroiled in pointless Fullerian speculations about the effects of jurisprudential doctrines on behaviour, we should abandon the Demarcation Problem in jurisprudence. (shrink)

In this article the paradoxical role of legal science in legal practice is discussed. On the one hand, legal scientists do not agree on the criterions of the scientific character of legal science. On the other hand, even in the legal cases that are especially complicated it is possible to arrive at theoretically unquestionable decisions. The author of the article concludes that legal practice is based on fundamental theoretical insights; however, in legal practice these insights are used more (...) intuitively than reflectively. Therefore, the aim of the article is to rationally reconstruct these theoretical insights with reference to the ideas of modern schools of legal philosophy. For this purpose the ideas of the theory of natural law are discussed. It is concluded that in legal practice two provisions of natural law are applied: legal decisions ought to be reasonable and must include existential ends (basic values). The evolution of the legal positivism is discussed in the article and it is concluded that legal positivism offers the criterions of the scientific character of legal science by framing the procedural rules of the democratic process of lawmaking. These rules anticipate such conditions: consensus concerning decision making; equal participation of all members of legal discourse confirming normative decisions; the acceptability of consequences after the realisation of normative decisions; the possibility to reaffirm normative decisions, if necessary. The ideas of virtue jurisprudence are discussed and it is claimed that virtue jurisprudence as a criterion of the scientific character of law proposes such theoretical position: the decisions concerning human rights must supply the value system (hierarchy) and the virtues which are formed and justified in the long legal tradition. The article represents the use of these criterions of the scientific character of legal science by Jurgen Habermas to debate about legal prohibition of the improvement of the human genome by using modern technologies of genome engineering in the Convention of Human Rights and Biomedicine (Oviedo, 1997). (shrink)

The dynamics of the superior judiciary in Pakistan have undergone a drastic transformation in its approach and working in post 2007 emergency followed by a landmark movement of civil and legal fraternity for restoration of constitutional supremacy. The neo-jurisprudence is being applauded and criticized at the same time. The excessive use of Suo-motto and public interest litigation at one hand and frequent judicial review of executive and legislative action on other have been the main source of contention between judiciary and (...) other two pillars of state, legislature and executive. The Superior Court is being recognized as the ultimate savior of fundamental rights and guardian of the constitution as well as rights of the people. At the other extreme, the criticism like activist judiciary; disrespect for popular will and making rather interpreting law are most commonly attributed to Superior Judiciary. The study is qualitative in nature and presents a comparative analysis of trends in Superior Court before and after Lawyers’ movement. The study also aims in justifying the proactive approach especially in providing social justice on failure of state organs to respond to the exigency of time. (shrink)

The sciences of kalam and fiqh, which have a special importance in the history of Islamic thought and science, became prominent with their interactions with other sciences in their formation processes and their contributions to the evolution of religious thought. In the literature, the field representing the linguistic, religious, mental and practical aspects of fiqh has become widespread with the concepts of usūl-i fiqh and fürū-i fiqh, and the part about creed as usūlü'd-dīn or fiqhu'l-akbar. It has drawn our (...) attention that Imam Abū Ḥanīfa and Imam Shāfiʿī's ijtihads, fatwas and thoughts have remained up to date in every century without exception in the vortex of overdoing and understatement in these two disciplines. However, there are some narrations stating that although these imams were interested in kalam, they kept a distance from it. Their, famous students also indicated that they gave them advice in this sense. Therefore, this study has been prepared in order to examine the background of the aforementioned issues. For this purpose, the reasons why two imams preferred the science of fiqh in the main axis of the subject were subjected to a general criticism. Consequently, it has been seen that both imams had similar concerns and their ideas have been overlapping in the face of the creed developments of the period. (shrink)

Anthropocene jurisprudence amounts to a legal attitude that posits human beings as the ultimate subject to which the legal ontology, epistemology, and language serve. This attitude inevitably leads to exceptionalism not only in terminology but also in the impact which legal verdicts incur, especially on the natural environment and species. In this paper, we make a coupled reading of jurisprudence and environmental science while suggesting a post-Anthropocene model of law which can be made philosophically consistent by appropriating a new (...) theory of human as a 'biocultural creature' to outgrow the attitude of exceptionalism in law. In doing so, we take recourse of dynamic systems and complexity theory for a law to account for the ontology, epistemology and linguistics of post-Anthropocene jurisprudence. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

The first part of this article contains (i) considerations as to the relationship between jurisprudence and legal dogmatics, legal philosophy, and sociology of law; (ii) considerations about the status of jurisprudence both as a meta‐ and an object‐theory. These lead to the suggestion that jurisprudence should be defined as a general juristic theory of law and legal science. In the second part, the character and elements of this definition are explained systematically. The article's main thesis is that jurisprudence is (...) not distinguished from legal philosophy and sociology of law by its subject or its method, but by the specifically juristic research aspect or perspective it is based upon. (shrink)

Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, (...) by giving special attention to the post-classical period of it. **ISSN: 2148-8088 E-ISBN: 2547-9415**. (shrink)

De nos jours, les religions sont souvent invitées à prendre part à la promotion des droits de l'homme dans le monde. Dans ce nouveau cadre, les religions se voient progressivement demander d'établir leur crédibilité et leur loyauté envers une doctrine des droits de l'homme relativement homogène. Quoi qu'il en soit, il serait biaisé d'entamer une analyse de ces nouvelles responsabilités religieuses sans préalablement examiner les modes de conceptualisation du «religieux» présupposés par les doctrines des droits de l'homme elles-mêmes. Cette approche (...) juridique n'est pas seulement utile au titre d'une analyse interne au monde du droit, mais aussi comme une contribution juridique à une compréhension élargie de l'interdisciplinarité des sciences des religions. (shrink)

RésuméCette première étude permet notamment de dégager ce résultat épistémologique: les différentes formes d’“inférence co-relationnelle” connues dans la jurisprudence islamique sous le nom de qiyās représentent une forme innovante et sophistiquée de raisonnement qui permet non seulement d'avoir une conception épistémologique plus claire du raisonnement légal en général, mais aussi de produire une mécanique bien huilée pour le “raisonnement parallèle”; cette mécanique du “raisonnement parallèle” peut être déployée selon un large spectre dans différents cadres de résolution de problèmes et ne (...) semble pas se réduire aux formes standard de l'argumentation analogique étudiées en philosophie des sciences contemporaine. Nous n'aborderons cependant dans la présente étude que le cas de la dénommée “inférence co-relationnelle du facteur occasionnel”, et ce seulement dans le contexte de la jurisprudence islamique. (shrink)

Le différend commercial sur les OGM dans le cadre de l’OMC a mobilisé une expertise scientifique de façon quelque peu inédite. Dès le départ, le Groupe spécial a situé le différend dans le cadre de l’Accord sur l’application des mesures sanitaires et phytosanitaires de l’OMC grâce à une nouvelle ontologie juridique. Ce groupe a mis en scène l’expertise scientifique en suivant des approches spécifiques définissant de quelle manière les experts seraient interrogés, les réponses qu’ils donneraient, leur rôle spécifique dans le (...) domaine juridique et la façon dont leurs déclarations viendraient compléter ses conclusions. De plus, le Groupe spécial a procédé à un tournant procédural en présentant ses conclusions sous forme d’un jugement purement juridico-administratif tout en gardant implicites ses propres jugements sur les questions de fond liées aux risques.The high-profile WTO trade dispute on GMOs brought in scientific expertise in somewhat novel ways. From the outset, the Panel placed the dispute under the WTO Sanitary and Phytosanitary Agreement by drawing on a new legal ontology. The Panel brought scientific expertise into play in specific ways that defined how experts were questioned, the answers they would give, their specific role in the legal arena, and the way their statements would complement the Panel’s findings. Furthermore, the Panel created a procedural turning point in WTO jurisprudence by representing its findings as a purely legal and administrative assessment of whether the EC’s regulatory procedures violated the SPS Agreement, with its own assessments on substantive risk issues remaining implicit. (shrink)

The ArgumentIn the nineteenth century, American legal educators drew on the idea of “legal science” the claim that the study of law was similar to the study of the natural sciences. In this paper, I propose to examine the particular conceptions of “science” that were incorporated into that idea. The primary point of the paper is to argue that in antebellum America, a particular view of the natural sciences dominated public discourse, and it was this conception that was (...) appropriated by contemporaneous legal scientists. Public discussions of natural science in lyceums, surveys, and journals, were carried out in a language grounded in the same religious commitments and the same normative conception of nature that drove the ideology of laissez-faire. Described under the rubric “Protestant Baconianism,” the approach was characterized by commitments to four elements: natural theology; a constrained version of Baconian inductivism; a belief in grand synthesis and proof by analogy; and claims of moral improvement. These elements were typical of the efforts of a particular influential circle of natural scientists and, similarly, of some of the more influential legal scientists in the antebellum period. This article examines the elements of the Protestant Baconian approach that were incorporated into Christopher Columbus Langdell's model of legal science in the 1870s, a model that continues to influence thinking about both legal education and jurisprudence to this day. (shrink)

In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts and humanities (...) I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

There is a remarkable difference between that which Anglo-American legal philosophers more or less unanimously regard as their subject matter and that which prominent Continental writers have emphasized as one of the main topics for jurisprudential discussion. The latter have often directed their attention to something quite specific: not law or the aforementioned law-related phenomena, but the study of law, or legal scholarship. In particular, Continental writers have been interested in legal scholarship as it is characteristically produced by law teachers. (...) Some phrases that may be used to describe this type of scholarship are “doctrinal legal scholarship”, “legal dogmatics”, and “legal science in a narrow a sense”. This paper explains why Anglo-American theorists should keep their minds open to the idea that jurisprudence may take the doctrinal study of law as its subject matter. It also attempts to explain what doctrinal legal scholarship is, and thus engages in precisely the type of jurisprudential inquiry that it is out to promote. (shrink)

The device of setting forth an argument in the form of a postulate set, while not unknown to jurisprudence, is nevertheless sufficiently novel to justify a brief account of the process. At one time human thought took axioms and postulates for avowals of unalterable truth, but the nineteenth century made common the practice of speculating with alternative presuppositional systems, so that deeper insight into the nature of this scientific device revealed it as merely a method among many for clarifying and (...) fecundating thought. (shrink)

This article is aimed at representing the approaches of legal theory to the interaction between law and politics and to depict the main national features of the relationship between law and politics. The analysis is based on the adoption of methodology of fundamental work of Mauro Zamboni “Law and Politics”. The adoption of methodology was used only partially, while seeking to identify and clarify the features of static, dynamic and epistemological aspects of the relationship of law and politics in Lithuania. (...) Researchers have faced the problem of a diverse approach to the definitions of law and politics, and it has been resolved by focusing only to the researches representing the standpoint of legal theories. The analysis has led to the findings that there are reasonable grounds to assume that legal content (referring to the “static” aspect of law and politics) in Lithuania is flexible to outgoing politics. This implication is based on 1) the noticeable disproportion of legal regulation in different areas of social life, 2) law-making priority areas determined mostly by the choice of political actors will and 3) through changed execution of legal norms, prefering the forms which could be more cost effective (alternative dispute resolutions) and more suitable for changing social environment. What concerns the “dynamic” aspect of the relation between law and politics, it is implicated that there are backings for both open and closed law making, but at the same time more open legislative features are observed than the closed ones. This tendency is identified in the legislative process, where the help out of non-legal world is applied (using sociology) and the persistence of politicians to access and use the institutes of citizens’ legislative initiative (iniciatives for referendums or other legislative initiatives, the right to petition, etc.) is obvious. The reflection of „epistemological“ aspect of the relationship between law and politics in Lithuanian legal discipline reflects the general trend of international scientific community of law. It is considered to step back from the autonomous legal discipline concepts and in this way the appropriate conditions for incorporation of different categories from other scientific fields are created. On the other hand, a reserved cautious attitude of both researchers and research institutions on the conjunction of law and political science is observed. The interaction between law and economics and business or public relations is still prioritized. (shrink)

In the last three decades or so a prominent view among legal philosophers has been that while legal theory is evaluative because it requires making judgments of importance, it can remain morally neutral. This view, which I call the ‘orthodox view’, was first articulated by Joseph Raz and has since been supported by many other prominent legal philosophers. In this essay I examine it, and argue that it is indefensible. I begin by examining the terms ‘description’ and ‘evaluation’, and show (...) that they are ambiguous in a way that most current discussion does not realize. I then rely on this analysis to develop several arguments against the orthodox view. I argue that defenders of the orthodox view have considered only one such argument, and that even with regard to this one their response is unsuccessful. (shrink)

Twenty years ago, when feminism was younger and greener, crides who thought the movement was sinking into a quagmire of unscientific irrationality had a relatively easy time in making out their case. In the first place, many feminists were themselves claiming to have rejected both science and reason, along with morality and all other such male devices for the oppression of women. And, furthermore, this position was a relatively easy one for the skeptical outsider to attack. Unless feminists could (...) say such things as that the present treatment of women was morally wrong, or prevailing ideas about their nature false or unfounded, or traditional reasoning about their position confused or fallacious, it was difficult to see on what basis they could rest the feminist case. And, of course, as they did say such things, all the time, it was obvious that any systematic attempt to reject ethics and rationality was systematically undercut by feminists' own arguments. (shrink)

1820년대 벤담주의자라는 용어는 급진주의자라는 용어와 동의어로 사용될 만큼 벤담은 일평생 전면적 사회개혁을 표방했다. 하지만 반세기가 지나자 공리주의는 오웬식 사회주의에 대항하는 반개혁세력의 논거로 활용되기 일쑤였다. 이를 공리주의의 보수화라고 지칭할 때, 그 원인은 변화된 정치환경에서 기인한 것일 수도 있지만 공리주의 이론체계 자체의 변화에서 기인한 측면도 있다. 특히나 법학을 하나의 독립된 과학으로 정립하려는 의도에서 벤담의 제자들이 수행한 체계화의 작업이 공리주의 이론의 정치적 보수화를 자초했다는 것이 본 논문의 핵심 주장이다. 필자는 존 오스틴의 경우를 통해 해당 주장의 논리적 근거를 제시해보고자 한다. 법리학을 실정법의 형식과학으로 탈바꿈시키려는 (...) 그의 노력은 벤담의 법사상을 체계화하는 데 큰 기여를 했지만, 동시에 입법학을 법학의 영역 밖으로 배제시키는 반-벤담적 결과를 가져왔다. 이 배제에 담긴 정치적 함의를 이해하면 공리주의가 왜 보수의 논거가 되었는지를 이해할 수 있다. (shrink)

Many question whether Islam and science can be compatible. In the first six hundred years of Islam, Muslims addressed all fields of knowledge available to them with unprecedented zeal and contributed immensely to the knowledge that became the precursor of the Renaissance in Europe. The Tatar invasion in the thirteenth century and the total destruction of Baghdad, the Muslim capital of knowledge and science, followed by the crusades, the ensuing hostility between East and West, and Western colonialism of (...) Muslim countries led to a distrust of all knowledge emanating from the West. Such distrust closed the doors to ijtihad, a dynamic method in Islamic jurisprudence for addressing change, new demands, and new acquired knowledge, even though the Qur'an challenges Muslims to think, contemplate, understand, comprehend, and examine everything around them—tasks that bring humankind closer to God as they find methods to apply God's laws of justice and equity to the benefit of all humankind. Islam is the religion of yusr (ease) and not ‘usr (hardship). The creation of the world was for human benefit and use. Innovation for such beneficial use and application is a must. (shrink)

This chapter takes off from Max Weber’s famous lectures on poli­tics and science as ‘vocations’ to explore the concept of ‘modal power’, that is, the power to determine what is possible. Politics and science are complementarily concerned with modal power, in ways that go to the heart of Michael Dummett’s influential metaphysical characterisation of the antirealism/realism distinc­tion, which the chapter pursues across several philosophical fields, including logic, epistemology, jurisprudence and finally historiog­raphy. The chapter adopts a ‘post-truth’ perspective in (...) the sense that modal power is treated from an ‘antirealist’ standpoint, in which ‘the name of the game’ is to expand one’s own sphere of possible action while constraining that of the opponent. That world of constrained possibilities is the ‘actual’ world, whose rela­tionship to other possible worlds fluctuates over time in ways that resemble quantum effects but are most clearly captured by ‘revi­sionist’ historiography. The chapter ends with a discussion of the contrasting attitudes to such historiography in politics and science. (shrink)

This Alfred Schutz Memorial Lecture discusses the relationship between the phenomenological life-world analysis and the methodology of the social sciences, which was the central motive of Schutz’s work. I have set two major goals in this lecture. The first is to scrutinize the postulate of adequacy, as this postulate is the most crucial of Schutz’s methodological postulates. Max Weber devised the postulate ‘adequacy of meaning’ in analogy to the postulate of ‘causal adequacy’ (a concept used in jurisprudence) and regarded both (...) as complementary and, in the context of sociological analysis, critical. Schutz extracted the two postulates from the Neokantian epistemology, dismissed the concept of causality, and reduced Weber’s two postulates of adequacy into one, namely, the adequacy of meaning. I discuss the benefits and shortcomings of this reduction. A major problem, in my view, is that Schutz’s reformulation lost the empirical concern that was inherent in Weber’s ‘causal adequacy’. As a result, the models of economics (which shaped Schutz’s conception of social science) are considered to be adequate if they are ‘understandable’ to an everyday actor, even when they are based on the most unrealistic assumptions. To recapture Weber’s empirical orientation I recommend a more restrictive interpretation of the postulate of adequacy that links it to qualitative research and unfolds the critical potential of Schutz’s phenomenological life-world analysis. My second goal is to report on some current developments in German sociology in which a number of approaches explicitly refer to Schutz’s analysis of the life-world and attempt to pursue ‘adequate’ empirical research. This lecture focuses on three approaches: ethnophenomenology, life-world analytic ethnography, and social scientific hermeneutics. (shrink)

Jean-Jacques Rousseau's attack on the natural jurisprudence of Grotius, Hobbes and Pufendorf is well known. But what happened to modern natural jurisprudence after Rousseau not very well known. The aim of this article is to try to show how and why it turned into what Emmanuel-Joseph Sieyès called “social science” and the bearing that this Rousseau-inspired transformation has on making sense of ideology, or the moral and political thought of the late eighteenth-century French ideologues.

Here the techniques customarily employed in the interpretation of legal phenomena are critically analyzed from the position of rigorous scientific method. Cairns's book is a brilliant statement for the possibilities of the scientific approach in regard to social institutions in general and to the sociology of law in particular. Originally published in 1941. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously (...) out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value. (shrink)