We note an increasing consciousness of weakness of legal methodology taught to law students today: The students get neither real idea nor feeling of legal decision-making as mixture of legal matters, issue of facts, personal inputs, diverging interests, and the interplay with other actors. For minimize these defects it is necessary that law students learn in legal studies the following points: (1) Legal decision-making is a special kind of decision-making and is embedded in all problems of this process. (2) Jurisprudence (...) is a hybrid science: It deals with facts of issue as well with legal matter. (3) Jurisprudence will be understood as transnational science and requires greater cooperation between law schools all over the world. (4) Legal education should focus on general principles and legal tools rather than on detailed rules. (5) Legal theory should demonstrate students our lack of understanding legal decision-making. (6) A realistic legal methodology has to take into account the impossibility of absolute certainty of the correctness of legal decision. (7) It is important to point out that analysis of facts of the case as crucial part of legal methodology requires teaching systems to introduce students in the respective techniques in practice like case studies, projects as well as legal clinics or SASLA-system. (shrink)

The two grand theories of judging – legal realism and legal formalism - have their differences set around the importance of legal rules. For formalists, judging is a rule-bound activity. In its more extreme versions, a judge is seen as an operator of a giant syllogism machine. Legal realists, in contrast, argue that legal rules, at least formal legal rules, do not determine outcomes of cases. Legal realism has been misunderstood almost everywhere outside its birthplace – the United States. Continental (...) legal theory, for one, views legal realism as practical, down-to-earth, hard-nosed school of thought which is opposed to the more “scientific” theories. The purpose of this article is two-fold. First, to show what legal realists really stood for - that contrary to the popular myth, they did not maintain that formal legal rules do not matter at all; that most of them considered legal rules to be important, only many of those rules are informal rules. Second, contrary to the popular understanding in Continental legal theory, legal realism by its nature was not an antiscientific theory of judging - in fact, it was either a first scientific theory of judging or at least its prototype. (shrink)

Im Denken über das Verhältnis zwischen Philosophie und Alltäglichkeit muss man dem Denken den Weg bereiten, indem der Bezug zwischen Philosophie und Alltäglichkeit offengehalten wird. Diesen Bezug halten wir im Denken offen, indem jene im Denken sich vollziehende Grenze, die scheinbar das eine und das andere auseinanderhält, als der Bezug anerkannt wird, der das, was die Philosophie bereithält und den alltäglichen Lebensvollzug in eine Zusammengehörigkeit bringt. So können Philosophie und Alltäglichkeit bisweilen zusammenwachsen, denn so ist zwar das, was die Philosophie (...) bereithält immer das Allgemeine, Allgemeines aber, das über sich hinaus zu greifen trachtet und auf das Leben zielt. (shrink)

Rezension zu: Andreas Urs Sommer, Was bleibt von Nietzsches Philosophie?, Duncker & Humblot: Berlin 2018.

We review an argument that bipartite "PR-box" correlations, though designed to respect relativistic causality, in fact violate relativistic causality in the classical limit. As a test of this argument, we consider Greenberger-Horne-Zeilinger (GHZ) correlations as a tripartite version of PR-box correlations, and ask whether the argument extends to GHZ correlations. If it does-i.e., if it shows that GHZ correlations violate relativistic causality in the classical limit-then the argument must be incorrect (since GHZ correlations do respect relativistic causality in the classical (...) limit.) However, we find that the argument does not extend to GHZ correlations. We also show that both PR-box correlations and GHZ correlations can be retrocausal, but the retrocausality of PR-box correlations leads to self-contradictory causal loops, while the retrocausality of GHZ correlations does not. (shrink)

Scholars have long asserted that public relations (PR) professionals should play the role of organizational conscience, but little research has focused on why and how they play this role effectively. We found that PR professionals who played the role of organizational conscience had broadened conceptions of their roles and responsibilities, including a fervent duty to the public interest. This often put them in the position of providing criticism to powerful organizational players. Rather than raising their ethical concerns as persuasive orators, (...) they used subtle, resourceful, and experiential approaches to persuasion. Playing the role of organizational conscience typically necessitated gaining access to informal coalitions since access to dominant power coalitions often was limited or late. Organizations with participative cultures supported the role of organizational conscience. (shrink)

1. Praktická filozofie na základě sociologie : etika --.

Public Relations is an activity that is carried out over a significant period of time, on a specific plan to ensure harmonious interaction between the Organization and its relations with the aim of forming "situation success." The basis and substance content of PR-activity is communication. Communication as a field of scientific knowledge has a long history of and ongoing relevance. This is evidenced, for example, the fact that the term "communication"-has a number of definitions that transformed from Latin. "sommunicatio"-message transfer (...) to and from "communicare"-make a general, speak, associate, notify, transmit. In General, communication is socially conditioned by the process of transmission and perception of information in terms of interpersonal and mass communication through various communication channels and various communication tools. At the practical levels, communication is the exchange of information between the two or bìl′šosobami, with the obligatory presence of a feedback. (shrink)

Contributed articles on literary theory.