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Relevant bibliographies by topics / Legal theory and philosophy

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Academic literature on the topic 'Legal theory and philosophy'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Legal theory and philosophy"

1

Edmundson, William A. "WHY LEGAL THEORY IS POLITICAL PHILOSOPHY." Legal Theory 19, no. 4 (December 2013): 331–46. http://dx.doi.org/10.1017/s1352325213000189.

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The concept of law is not a theorist's invention but one that people use every day. Thus one measure of the adequacy of a theory of law is its degree of fidelity to the concept as it is understood by those who use it. That means “saving the truisms” as far as possible. There are important truisms about the law that have an evaluative cast. The theorist has either to say what would make those evaluative truisms true or to defend her choice to dismiss them as false of law or not of the essence of law. Thus the legal theorist must give an account of the truth grounds of the more central evaluative truisms about law. This account is a theory of legitimacy. It will contain framing judgments that state logical relations between descriptive judgments and directly evaluative judgments. Framing judgments are not directly evaluative, nor do they entail directly evaluative judgments, but they are nonetheless moral judgments. Therefore, an adequate theory of law must make (some) moral judgments. This means that an adequate theory of law has to take a stand on certain (but not all) contested issues in political philosophy. Legal theory is thus a branch of political philosophy. Moreover, one cannot be a moral-aim functionalist about legal institutions without compromising one's positivism about legal norms.

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Varga, Csaba. "Legal philosophy, legal theory — and the future of theoretical legal thought." Acta Juridica Hungarica 50, no. 3 (September 2009): 237–51. http://dx.doi.org/10.1556/ajur.50.2009.3.1.

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Atria, Fernando. "Legal Reasoning and Legal Theory Revisited." Law and Philosophy 18, no. 5 (September 1999): 537. http://dx.doi.org/10.2307/3505144.

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Windham, Mary E. "Feminist Legal Theory." Teaching Philosophy 16, no. 4 (1993): 355–59. http://dx.doi.org/10.5840/teachphil199316450.

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Tur, Richard. "American Legal Philosophy." Royal Institute of Philosophy Supplement 19 (March 1985): 255–72. http://dx.doi.org/10.1017/s1358246100004628.

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Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions.

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Tur, Richard. "American Legal Philosophy." Royal Institute of Philosophy Supplement 19 (March 1985): 255–72. http://dx.doi.org/10.1017/s0957042x00004624.

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Given statements like these about current developments in intellectualizing about law in America it is an exciting time to look at American legal philosophy. Given the ferment in the law schools and the volume of literature in the law journals it is also a difficult task confidently to extract the main lines of current thought and adequately to assess the significance of current intellectual movements. American lawyers are inclined to point out that there is no such thing as ‘American law’. Rather, in addition to Federal law and the Supreme Court's jurisdiction there are some fifty jurisdictions each with its own Constitution, Legislature and Supreme Court and consequently diversity rather than uniformity is the rule. Equally, the very idea that there is some single, coherent and widely accepted theory of law deserving description as ‘American legal philosophy’ obviously begs all manner of significant questions.

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Stankovic, Dejan. "Anti-metaphysical foundation of contemporary theory of natural law: Theory of law and practical rationality in works of John Mitchel Finnis." Theoria, Beograd 60, no. 1 (2017): 5–27. http://dx.doi.org/10.2298/theo1701005s.

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The contemporary natural law theory was grounded in the philosophical and the jurisprudential work of Australian legal and moral philosopher John Mitchell Finnis. He reaffirmed the natural law and also corrected some of false notions about it which were dominant through the history of legal philosophy. Finnis moral and legal philosophy could be understood by the specific theoretical figure - moral argument for law. This theoretical concept implies unity of two mutually connected moments which are necessary for a philosophical treatment of any socially relevant phenomena: methodological and epistemological as well as practical. The meeting point of these two philosophically relevant dimensions is theory of practical rationality exposed in the philosophy of John Mitchell Finnis. By grounding his concept of natural law on the theory of practical rationality, John Finnis historically contextualize it. He made some sort of specific anti metaphysical concept of natural law theory that is alternative to the classical natural law as well as to the legal positivism, which mainly exposed in the legal theories of Hans Kelsen and H.L.A Hart.

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Endicott, Timothy A. O. "Vagueness and Legal Theory." Legal Theory 3, no. 1 (March 1997): 37–63. http://dx.doi.org/10.1017/s135232520000063x.

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The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in formulations of the law leads to discretion in adjudication (including Dworkin's) cannot accommodate “higher-order” vagueness, (ii) A legal theory should accept that the law is partly indeterminate when it can be stated in vague language, (iii) However, the traditional formulation of the indeterminacy claim, that a vague statement is “neither true nor false” in a borderline case, is misconceived and should be abandoned.

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Kaufmann, A. "Philosophy of Law, theory of law, legal dogma." Gosudarstvo i pravo, no. 5 (May 2019): 18–29. http://dx.doi.org/10.31857/s013207690004857-4.

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Beckwith, Francis J. "Philosophy of Law and Legal Theory: An Anthology." Philosophia Christi 5, no. 1 (2003): 350–52. http://dx.doi.org/10.5840/pc20035140.

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Dissertations / Theses on the topic "Legal theory and philosophy"

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Taekema, Sanne. "The concept of ideals in legal theory /." The Hague : Kluwer Law International, 2003. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=904111971X.

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Crawley, Karen. "Limited ink : interpreting and misinterpreting GÜdel's incompleteness theorem in legal theory." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101814.

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This thesis explores the significance of Godel's Theorem for an understanding of law as rules, and of legal adjudication as rule-following. It argues that Godel's Theorem, read through Wittgenstein's understanding of rules and language as a contextual activity, and through Derrida's account of 'undecidability,' offers an alternative account of the relationship of judging to justice. Instead of providing support for the 'indeterminacy' claim, Godel's Theorem illuminates the predicament of undecidability that structures any interpretation and every legal decision, and which constitutes the opening to justice. The first argument in this thesis examines Godel's proof, Wittgenstein's views on rules, and Derrida's undecidability, as manifestations of a common concern with the limits of what can be formalized. The meta-argument examines their misinterpretation and misappropriation within legal theory as a case study of just what they mean about meaning, context, and justice as necessarily co-implicated.

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Macpherson, James A. E. "A Theory of Collective Intentions, with Moral and Legal Applications." The Ohio State University, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=osu1259870965.

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Hartney, M. "Hans Kelsen's theory of norms." Thesis, University of Oxford, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371666.

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Ródenas, Ángeles. "Challenges for Legal Philosophy in the 21st Century." Pontificia Universidad Católica del Perú, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/115910.

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This paper shows a mismatch between a real and pressing demand for a philosophical analysis that allows us to explain the emergence of new phenomena in law, and the limited supply of theoretical tools to satisfy this demand by the traditional model of positivistic science of law. After an initial diagnosis of a mismatch between supply and demand, the resistance of legal positivism to accept practical rationality stands out as a core problem of the traditional model of positivistic science of law and the viability of this way of rationality is defended. The paper concludes with a proposal for the reinvention of the philosophy of law of the 21st century that incorporates new objectives and rethinks its method.
En este trabajo se constata un desajuste entre una demanda real y acuciante de un análisis filosófico que permita dar cuenta de la irrupción de nuevos fenómenos en el panorama del derecho y la limitada oferta de herramientas teóricas con que satisfacer esta demanda que aporta el modelo tradicional de ciencia positivista del derecho. Tras el diagnóstico inicial de desajuste entre la oferta y la demanda, se destaca como un problema medular del modelo tradicional de ciencia positivista del derecho su resistencia a asumir una racionalidad de tipo práctico y se defiende la viabilidad de esta forma de pensamiento. El trabajo concluye con una propuesta para la reinvención de la filosofía del derecho del siglo XXI, redefiniendo sus objetivos y replanteando su método.

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Leslie, Jason. "Pluralist moral theory in the philosophy of property and the legal form of the condominium." Thesis, University of British Columbia, 2015. http://hdl.handle.net/2429/55068.

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This thesis outlines three major moral theories in philosophy – utilitarian, deontological, and pluralist or neo-Aristotelean – and examines their application to the law of condominium. The thesis uses a combination of moral analytic theory and a study of legislation and case law. The thesis begins with a discussion of theoretical methods in legal philosophy, adopting and defending an approach based on general pragmatism and legal realism. It then canvasses the application of moral approaches to property law, with an emphasis on explaining and further developing the application of pluralist moral theory to property. The thesis then considers how each of the three schools of philosophy analyzes the structure of condominium and makes predictions about how condominium issues would be resolved by each approach. In particular, this analysis focuses on how condominium presents a challenge to traditional views of property and highlights the connection between property and sovereign power by incorporating concepts of democratic governance. Afterward, the thesis engages a detailed review of statutes and case law that apply to condominium disputes in British Columbia and Ontario. The thesis concludes that courts and legislatures have been alternating between deontological approaches and pluralist approaches to condominium, with a general trend in recent developments away from the deontological approaches and towards pluralist approaches. The thesis tentatively suggests that on the whole, pluralist approaches lead to more just and equitable results in condominium, and suggests further avenues for study.
Law, Peter A. Allard School of
Graduate

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Spence, Colin J. "Who Says What the Law Is: How Barack Obama’s Legal Philosophy is Reflected by His Judicial Appointees." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1205.

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Ibrahim, Bilal. "The evolution of the rule of law : the origins and function of legal theory." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=98935.

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The thesis examines the origins and function of legal theory ( usul al-fiqh) within the context of the development of early Islamic law. I argue against the depiction of the development of law as a series of compromises between traditionalism and rationalism. Rather, by evading the demands of traditionalism, law evolved into a complex doctrinal entity rooted in the social structures of third-century Abbasid society. This revision of the development of law provides a context to evaluate early works of legal theory. Moreover, in context of my analysis of the development of law, I attempt to explain the emergence of legal theory as an independent discipline and its function within the greater structure of law.

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Link, Astrid. "Descriptive and normative aspects of the theory of legal pluralism : illustrated by problems of media regulation." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31170.

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This thesis explores the potential of the theory of legal pluralism. It examines the extent to which such a theory can contribute to an understanding of the regulatory crisis of the nation-state and serve as a point of departure for new regulatory approaches. A historical overview which looks at the disciplinary origins of legal pluralism is followed by an analysis of several legal pluralist concepts. This analysis serves as the basis for an elaboration of the descriptive and normative aspects of legal pluralism. The concept is compared with other social theories which are concerned with similar questions as legal pluralism. To illustrate the legal pluralist approach, same specific examples from the media sector are introduced. The thesis concludes by showing where a legal pluralist analysis might be appropriate and, moreover, how the theory can contribute to regulatory ways alternative to direct state intervention and market conceptions.

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Ibsen, Alexander Zlatanos. "Inventing Law: The Creation of Legal Philosophies in the American and European Patent Systems." Diss., The University of Arizona, 2012. http://hdl.handle.net/10150/222841.

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Although the patent systems of the United States and Europe have become continuously more similar their underlying legal philosophy continues to be different. This study examines how the two patent philosophies emerged out of different social situations and why and how patent systems can develop similar formal arrangements without experiencing a similar harmonization of underlying philosophy. As patent laws are historically unique to western culture it provides a lens through which to observe its relative social appreciation of industry, technology, commerce, and the role of the law. This study argues that the two separate 'patent philosophies' emerged as results of unique historical situations and that the reason as to why they have been able to maintain their distinct natures is that a similar ideological pressure has not been present since. The patent law of the United States, which is based on an 'inventor philosophy', was the product of the ideological currents of the movement toward American independence. This philosophy is friendly to inventors and entrust them with all responsibility over their inventions. Its individualistic and democratic character resonated well with the country's anti-colonial and anti-monarchical political campaign. A similar ideological pressure to revise fundamental opinions on technology and law has not emerged since. Virtually all European nations are today part of the European Patent Organization which administers the world's only true regional patent office. This European system is based on an 'invention philosophy' which was designed in the late 19th century by German industrialists. This philosophy is anti-monopoly and sees the State as a guardian of the public benefits which arise from technological novelties. Due to German industrial efficiency, it was used to model European patent law. Although both philosophies have proved viable, the case of patent law suggests that the role of legal philosophy must be reduced. Apart from being crucial in the creation of a new legal system, this study argues for the need to drastically reconsider the relationship between substantive and formal law. Both patent philosophies have consistently lost importance over time to the point where they today support two formally very similar systems.

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Books on the topic "Legal theory and philosophy"

1

Legal theory. 4th ed. Basingstoke [Hampshire]: Palgrave Macmillan, 2007.

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Sumner, Wayne. Legal theory. [Toronto, Ont: Faculty of Law, University of Toronto, 1988.

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Sumner, Wayne. Legal theory. Toronto, Ont: Faculty of Law, University of Toronto, 1988.

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Evolutionary theory and legal philosophy. Cheltenham: Edward Elgar, 2009.

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Załuski, Wojciech. Evolutionary theory and legal philosophy. Cheltenham: Edward Elgar, 2009.

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Legal reasoning and legal theory. Oxford: Clarendon Press, 1994.

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Solomon, Neal E. Legal management theory. Oakland, CA (P.O. Box 21297, Oakland 94620): Academic Ventures Press, 1993.

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Nedelsky, Jennifer. Legal theory. [Toronto, Ont: Faculty of Law, University of Toronto, 1994.

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Nedelsky, Jennifer. Legal theory. [Toronto, Ont: Faculty of Law, University of Toronto, 1994.

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Legal theory and the legal academy. Farnham, Surrey, England: Ashgate, 2010.

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Book chapters on the topic "Legal theory and philosophy"

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Dickson, Julie. "Descriptive Legal Theory." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2017. http://dx.doi.org/10.1007/978-94-007-6730-0_52-1.

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Stelmach, Jerzy. "Hermeneutical Legal Theory." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2017. http://dx.doi.org/10.1007/978-94-007-6730-0_56-1.

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Ripstein, Arthur. "Kantian Legal Philosophy." In A Companion to Philosophy of Law and Legal Theory, 392–405. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch26.

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Summers, Robert S., William G. McRoberts, and Arthur L. Goodhart. "My Philosophy of Law." In Essays in Legal Theory, 95–123. Dordrecht: Springer Netherlands, 2000. http://dx.doi.org/10.1007/978-94-015-9407-3_5.

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Bix, Brian H. "Types of Legal Theory." In Encyclopedia of the Philosophy of Law and Social Philosophy, 1–6. Dordrecht: Springer Netherlands, 2017. http://dx.doi.org/10.1007/978-94-007-6730-0_50-1.

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Besson, Samantha. "Legal Human Rights Theory." In A Companion to Applied Philosophy, 328–41. Chichester, UK: John Wiley & Sons, Ltd, 2016. http://dx.doi.org/10.1002/9781118869109.ch23.

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Tushnet, Mark V. "Critical Legal Theory." In The Blackwell Guide to the Philosophy of Law and Legal Theory, 80–89. Oxford, UK: Blackwell Publishing Ltd, 2008. http://dx.doi.org/10.1002/9780470690116.ch5.

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Riley, Patrick. "The Legal Theory of Pufendorf." In A Treatise of Legal Philosophy and General Jurisprudence, 421–31. Dordrecht: Springer Netherlands, 2009. http://dx.doi.org/10.1007/978-90-481-2964-5_13.

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Weinrib, Ernest J. "Legal Formalism." In A Companion to Philosophy of Law and Legal Theory, 327–38. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch20.

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Rubin, Edward L. "Legal Scholarship." In A Companion to Philosophy of Law and Legal Theory, 548–58. Oxford, UK: Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch38.

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Conference papers on the topic "Legal theory and philosophy"

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Robles, Gregorio. "Legal dogmatics and theory of texts." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws30_04.

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Alberto del Real Alcalá, Juan. "Kelsen’s legal theory, indetermination and completeness in law." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg151_01.

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Cascardo Cardoso dos Santos, Rafael. "The right to justification and the Rule of Law: towards a “justifiable” legal argumentation theory." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws70_02.

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Cascardo Cardoso dos Santos, Rafael. "The right to justification and the Rule of Law: towards a “justifiable” legal argumentation theory." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg115_02.

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Portes, Maira. "The role of precedent in the rational control of judicial decision from the perspective of the Theory of Legal Argumentation by Robert Alexy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg170_02.

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Barreto Sampaio Júnior, Rodolpho, and Thiago Penido Martins. "The efficacy of the fundamental right to health in private legal relations established between health insurance companies and their customers." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws69_05.

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Arpalı, Ziya. "Philosophy of the 2008 Global Crisis." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00652.

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The crisis in late 2007 and early 2008, re-questioning of capitalism and re-evaluating institutional structures have arisen. Developed countries which directing of the world economy started a process along with the comments that developed countries maintain their existence. By Western economists led to criticism of the crisis inform of "today's form of capitalism, can’t establish compliance with the changing world". The economic model based on the Balance of Imbalance is scheduled to sleep period in future years of the world management system. The sleeping process has been completed by the broken Balance of Imbalance. The process of planning in the field of application and the name given is crisis. This process should have a philosophy that mobilizing the internal dynamics of the economy. At the same time this crisis shown that money-driven economy conversion process is necessity in capitalism. The process of falling asleep economic model, in other words, the output from the crisis, not the money lead the economy but the economy lead the money. Transformation process will be realized at some point. In this study, it is introduced the philosophy of the crisis, in order to put into action the inner dynamics of capitalism’s legal infrastructure, the political preferences of the founders of the political game and to pass system into sleeping process the necessity of the transformation an economic model to the upper structure have been identified.

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Hamah Saeed, Tahseen. "Assumptions and legal and political intellectual principles of positive discrimination of women and their application to the laws in force in the Kurdistan region." In REFORM AND POLITICAL CHANGE. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdiconfrpc.pp149-170.

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"This research enters into the field of philosophy of law. He investigated it about the positive differentiation of women in legal thought. After defining the assumptions of the concept, such as the necessity to distinguish between formal equality, and real equality, because positive differentiation is a privilege given to the disadvantaged as if it appears to create inequality, and it is formed until it compensates them with the forbidden, which was practiced before and is now practiced. And that positive differentiation is not only concerned with women but also with all other disadvantaged groups, such as minorities, children and the elderly, even if the female component is more visible. So it entered into the global legislative policy, whether in international law or in national law, so would hold international agreements, hold conferences and establish international organizations for that. Positive differentiation is considered a subsidiary legal principle and complementary to the principle of equality and fairness, and for this existence is related to the existence of that principle, and it is known that the principle are not often written in legislation, but the legislator must take them into account when setting legal rules. Positive the positive differentiation as a legal principle that is observed in global legislation, and the legislator in the Kurdistan region of Iraq tried to observe the principle at a time when the federal legislator did not pay much attention to the principle, and this legislative policy in the region is more in line with the global legislative policy, and this is why the Kurdistan legislator tried to repeal or amend federal law Or legislate new laws in implementation of the principle that fall within its powers, so the anti-family violence law is a perfect example of this, which has no parallel in Iraq so far."

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Marcos Carvalho de Ávila Negri, Sergio. "The naturalization of the legal entity in the Brazilian legal system." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg139_06.

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Francisco Sánchez Díaz, Félix. "Legal validity as membership." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws30_02.

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Reports on the topic "Legal theory and philosophy"

1

Baker, Randy. The Concepts of Capitalism and Democracy in Implied Power Relations: Fractionation Philosophy and Theory. Portland State University Library, January 2000. http://dx.doi.org/10.15760/etd.6645.

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Garicano, Luis, and Thomas Hubbard. Hierarchies, Specialization, and the Utilization of Knowledge: Theory and Evidence from the Legal Services Industry. Cambridge, MA: National Bureau of Economic Research, April 2004. http://dx.doi.org/10.3386/w10432.

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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, October 2020. http://dx.doi.org/10.47816/01.001.20.

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Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).

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Ivanyshyn, Petro. BASIC CONCEPTS OF YEVHEN MALANIUK’S NATIONAL-PHILOSOPHICAL INTERPRETATION: ESEISTIC DISCOURSE. Ivan Franko National University of Lviv, February 2021. http://dx.doi.org/10.30970/vjo.2021.49.11070.

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The purpose of the research is to outline the structure of the main methodological ideas within the frames of interpretive thinking in the essay of the famous Vistnyk’s writer, critic and essayist Yevhen Malaniuk. Considering the purpose and tasks of the studio, an interdisciplinary methodological base, related to the author’s “national approach”, has been worked out. The epistemological potential of national philosophy as a philosophy of national existence, national science as a theory of nation, hermeneutics as a theory and practice of interpretation and post-colonialism as interpretation of cultural phenomena from the standpoint of anti- and post-imperial consciousness are used in the work. The scientific novelty is that on the basis of the previous hermeneutic generalization and definition of national-existential methodology, a propaedeutic outlining of the structure of national-philosophical concepts within the frames of the essayistic interpretation of reality in Ye. Malaniuk is proposed. In the methodological sense, the writer’s essayism is structured by such concepts as nation-centrism, idealism, voluntarism, heroism, and can be considered as one of the variants (close by the experiences of D. Dontsov, Yu. Lypa, M. Mukhyn, etc.) of the Vistnyk’s national-philosophical (national-existential, nationalistic or nation-centric) hermeneutics, that is, the way of understanding, which the author by himself outlined as a “national approach”. The support of Ye. Malaniuk as a culture-philosopher and exegete on the eternal nation-centric values and criteria in his essayistic studies makes his reflections not only historically interesting, but also theoretically productive, classically important for the development of modern Ukrainian hermeneutics and humanities in general.

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Kost’, Stepan. THE CONCEPT OF CREATIVITY IN JOURNALISM. Ivan Franko National University of Lviv, March 2021. http://dx.doi.org/10.30970/vjo.2021.50.11092.

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The article analyzes some theoretical and practical aspects of creativity. The author shares his opinion that the concept of creativity belongs to the fundamental concepts of philosophy, psychology, literature, art, pedagogy. Creativity is one of the important concepts of the theory of journalism. The author does not agree with the extended definition of creativity. He believes that journalistic activity becomes creativity when it is free and associated with the creation and establishment of new national and universal values, with the highest intensity of intellectual and moral strength of the journalist, when journalism is a manifestation of civic position, when this activity combines professional skills and perfect literary form.The author also believes that literary skill and the skill of a journalist are not identical concepts, because literary skill is a component of journalistic skill.

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Sadowski, Dieter. Board-Level Codetermination in Germany - The Importance and Economic Impact of Fiduciary Duties. Association Inter-University Centre Dubrovnik, May 2021. http://dx.doi.org/10.53099/ntkd4304.

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The empirical accounts of the costs and benefits of quasi-parity codetermined supervisory boards, a very special German institution, have long been inconclusive. A valid economic analysis of a particular legal regulation must take the legal specificities seriously, otherwise it will be easily lost in economic fictions of functional equivalence. At its core the corporate actor “supervisory board” has no a priori objective function to be maximised – the corner stone of the theory of the firm – but its objective function will only be brought about a posteriori – should negotiations result in an agreement (E. Fraenkel). With this understanding,the paper presents six recent quasi-experimental studies on the economic (dis) advantageousness of the German codetermination laws that try to follow the rules of causal inference despite the lack of random variation. By and large they refute the hold-up model of codetermination by showing positive or nonnegative effects even on shareholder wealth – and a far-reaching improvement of the well-being of the core workforce. In conclusion, indications are offered that the shareholder primacy movement has only weakened, but not dissolved the “Deutschland AG”.

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Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.

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Shpinev, Iurii Sergeevich. Questions of capital in the work of D. Ricardo «The Beginnings of Political Economy and taxation». DOI CODE, 2021. http://dx.doi.org/10.18411/1311-1972-2020-00025.

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D. Ricardo is one of the founders of classical economy. The most significant discoveries of the outstanding scientist in the field of capital can be called the definition of capital and free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment. Given that capital is primarily an economic category, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation.

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Шпинев, Ю. С. Давид Рикардо об инвестициях. DOI CODE, 2020. http://dx.doi.org/10.18411/1311-1972-2020-00024.

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The article examines the views of one of the founders of classical economics, David Ricardo, on the issues of investment, capital and profit. The need for this study is caused by the lack of a single definition of investment in the regulatory acts of investment legislation, as well as in the scientific community. Thus, there is a problem of regulatory regulation of one of the most important concepts of the economy. Given that the concepts of investment, capital, and capital investment are primarily economic categories, it seems quite reasonable to consider the emergence and development of these concepts in the retrospect of economic theories, in order to understand the essence of the phenomenon and finally solve the issue of its legal regulation. The scientific novelty of the study is that despite a large number of works on the work of David Ricardo «The Beginnings of Political Economy and Taxation», no special work was carried out on the contribution of the great economist to the theory of investment. Conclusions. The main achievements of Ricardo in the field of capital and investment include the author's definitions of capital, free capital, the creation of a theory of comparative advantages of trade, the division of capital into fixed and circulating capital depending on strength, as well as the description of the reasons that stimulate and hinder foreign investment.

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