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731.
732.
Lawrence B. Solum 《Metaphilosophy》2003,34(1&2):178-213
"Virtue jurisprudence" is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of phronesis , or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge's appreciation of the particular characteristics of individual fact situations. 相似文献
733.
For some years now, Jürgen Habermas, possibly the most influential European philosopher of today, has been producing a growing
number of publications on world politics. In the historical context of the collapse of bipolarity and the advent of the triad,
along with the punitive wars in the Gulf and Yugoslavia, he is very far from being alone: Jacques Derrida and Noberto Bobbio,Michael
Walzer and John Rawls, to name only the most forceful, have also been thinking out loud about the new political configurations
beyond the nation-state. The characteristic feature of Habermas’s thought is to perceive a radically new historical configuration,
which he calls a‘post-national constellation’ and which would justify the development of a new political project, as a transition
to a new cosmopolitan law. In what follows, I examine the precise modalities that are supposed to transform his philosophical
design into political and legal arrangements, attempting to dissect the Habermasian vision of a post-Cold War politics better
adapted to the challenges of the new century, and to throw light on the ideology behind it, as a prolegomenon to the larger
project Habermas invites us to undertake.
This revised version was published online in August 2006 with corrections to the Cover Date. 相似文献
734.
为什么说法家的“法治”是人治的一种表现形式 总被引:1,自引:0,他引:1
由于儒家德治思想与德政方略 ,使得人们通常将德治与人治相提并论 ,简单地把法治视为人治的天然对立物。然而 ,历史上的情况却没有这样简单 ,法家主张的“法治” ,就不是人治的天然对立物 ,而是人治的一种表现形式。法家的法治本意 ,是有“法治”而无“法制” ,是君王一人的“法治” ,而不是全社会的“法制”。 相似文献
735.
This study considers the experience of migrant women engaging with the Australian Department of Immigration through the Family Violence Provisions (Migration Regulations, 1994). These provisions allow women applying for partner visas to remain in the country after separation, if they can prove they experienced domestic violence. Forty semi-structured interviews were conducted with twenty migrant women from diverse backgrounds, focusing on their experiences of intimacy and violence and their emotions regarding the relationship. Using the Listening Guide methodology, data was analysed focusing on women's voices and the emotions concerning this subject. This paper considers Australian Immigration Law's requirement of a ‘genuine and continuing relationship’ and how it engages with women's emotions. The study argues that there is a distance between women's emotional responses to their relationships and immigration demands for proof and emotional consistency. The result is that women's emotions are dismissed by the same immigration system that has been historically shaped by emotions towards immigrants. The article ends by proposing that women's stories and emotions are valuable sources of information for visa processes and indicates countries where, in some cases, immigration laws already engage with women's emotions as reliable sources of information. 相似文献
736.
LUO Songtao 《Frontiers of Philosophy in China》2019,14(3):406
The article aims to discuss the theme of Adorno’s non-identical moral philosophy, particularly the primacy of individual life over moral laws, as based mainly on his key works like Minima Moralia: Reflections from Damaged Life, On Subject and Object, Problems of Moral Philosophy, and Negative Dialectics. The claim here is that the primacy of individual life is made through negative dialectics (“non-idealist dialectics”) dealing with the antithesis between object and subject, particular and universal, individual and society under the theoretical horizon of non-identical philosophy. Meanwhile, as a private ethics, this non-identical moral philosophy based on individual life stands as a kind of negativism, which is focused on negative guidance towards the possibility of right life. 相似文献
737.
738.
739.
The idea of functional differentiation between vision-for-action and vision-for-perception has been supported by evidence from different domains. According to this account, perception is based on consciously accessible, relative representations, whereas vision-for-action is performed in an analytic, automatic manner. Support for this idea comes from studies that showed that unlike perception, grasping movements are refractory to illusions and to Weber’s law. Yet, interactions between the systems may occur when an action is performed in a less automated fashion. To test this idea, we asked participants to monitor their fingers apertures in flight and to halt their movement for a short duration when they felt that their aperture reached a maximum amount. The results showed that movements in the monitored condition were biased by the Ponzo illusion and showed atypical adherence to Weber's law. These results show that action and perception are more likely to interact when movements are performed in a controlled manner. 相似文献
740.
Charlotte Dalwood 《Theology & Sexuality》2019,25(3):165-187
ABSTRACTIn this article, I theorize the interpretation of harmful canonical texts with special reference to John Calvin's Institutes of the Christian Religion. As a result of the actions and rhetoric of some of its North American evangelical readers, the Institutes has come to function as an intellectual foundation for certain expressions of modern homophobia. In conversation with Jacques Derrida on inheritance and Eve Kosofsky Sedgwick on reparativity, I thus consider how queer evangelicals (especially those who wish to continue identifying themselves as such) ought to engage both Calvin’s text, particularly, as well as, more generally, those other canonical texts that are sources of trauma. In so doing, I proffer a capacious view of interpretation as not only what one says but also how one lives. 相似文献