2,092 research outputs found
O positivismo jurídico de Hart e as críticas à teoria imperativa do direito
No full textDissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Filosofia e Ciências Humanas, Programa de Pós-Graduação em Filosofia, Florianópolis, 2014.Esta dissertação tem o objetivo de apresentar dois tipos de positivismo jurídico, a saber, o imperativismo e o positivismo de Hart. Assim, faz parte do nosso objetivo principal apresentar a crítica de Hart ao imperativismo, em especial ao imperativismo da teoria de Austin e da de Bentham. O positivismo de Hart seria um novo começo depois de eliminar as imperfeições imperativas. Seria um recomeço positivista para valorizar outros elementos do Direito e não apenas o da coação e eliminar do escopo jurídico ordens do soberano, para, no lugar, incluir tipos de obrigações jurídicas diferentes que geram regras de diferentes tipos, como regras coativas, regras que conferem direitos e poderes, além da regra de reconhecimento. A regra de reconhecimento é a autoridade e é também a regra que reconhece os conteúdos jurídicos, apesar de ser também uma prática social de onde advêm os conteúdos capazes de se tornarem positivados e reconhecidos pelo sistema. Ao invés de sustentar uma regra que manifeste a autoridade do sistema, Austin apresenta apenas a prática social, o hábito, como sustentação de autoridade jurídica. No caso de Austin, entende-se que a autoridade jurídica seja constituída das ordens dadas pelo soberano junto de ameaças e promessas de danos. Para cumprir nossos objetivos,apresentamos, no capítulo inicial, os diferentes tipos de positivismo, ou seja, a maneira como os positivistas apresentam suas questões e quais são as questões-alvo da análise de Hart e de Austin. A tese do imperativismo é uma das formulações do positivismo, mas não é defendida por Hart e explicamos o porquê no capítulo segundo, assim como apresentamos um resumo do positivismo de Hart no capítulo final.Abstract : The purpose of this paper is to introduce two types of legal positivism,namely imperativism and Hart's positivism. Thus our main goal is to introduce Hart's critique to imperativism, as examples, the theory of Austin and Bentham. Hart?s positivism would be a new beginning after eliminating the imperfections inherent to imperativism. A positivist beginning valuing other elements to the essence of Law instead of pure coercion and eliminating from the legal scope sovereign orders and instead including types of legal obligations which generate different types of coercive rules, rules that confer rights and powers beyond the rule of recognition. The rule of recognition is the authority and the rule recognizes the legal contents able to become positivized and recognized by the system, Austin has only social practice and habit to support the legal authority, in the case of Austin, legal authority are the orders conveyed by the sovereign power along with threats and mention of damages. To accomplish our goals, we present in the first chapter the different types of positivism, that is, the way in which the positivists present their issues and which issues are within Hart and Austin's scope. The thesis of imperativism is one of the formulations of positivism, but this thesis is not advocated by Hart and we explain why in the second chapter as well as a summary of positivism in the last chapter
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Legal Education of Minority Students: Review and Overview
No full textModerator: Walter J. LeonardPanelists: Dr. William Boyd, Frederick M. Hart, Dr. Stephen P. Klein, Michael D. Rappapor
The role of religion in the longer-range future, April 6, 7, and 8, 2006
No full textThis repository item contains a single issue of the Pardee Conference Series, a publication series that began publishing in 2006 by the Boston University Frederick S. Pardee Center for the Study of the Longer-Range Future. This conference that took place during April 6, 7, and 8, 2006. Co-organized by David Fromkin, Director, Frederick S. Pardee Center for the Study of the Longer-Range Future, and Ray L. Hart, Dean ad interim Boston University School of TheologyThe conference brought together some 40 experts from various disciplines to ponder upon the “great dilemma” of how science, religion, and the human future interact. In particular, different panels looked at trends in what is happening to religion around the world, questions about how religion is impacting the current political and economic order, and how the social dynamics unleashed by science and by religion can be reconciled.Carnegie Council on Ethics and International Affair
The Postal Fraud Statutes: Their Use and Abuse
No full textMr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality
The Postal Fraud Statutes: Their Use and Abuse
No full textMr. Hart Warns That Authority for Issuance of a Fraud Order Should Be Made to Stand Rigid Tests as to Constitutionality
Catholic Comments Podcast.
No full textProfessor Frederick Bauerschmidt reflects on the metaphor “God as Author.” What does it mean for us to be a character in the story God is writing
Coville’s Serendipitous Association with Blueberries Leading to the Whitesbog Connection
No full textWhat led up to the association between Frederick Coville and Elizabeth White? This 26 year association began in 1911 and continued until Coville’s death in 1937. The commercial highbush blueberry industry was born and became established during this period. Frederick Vernon Coville was born March 23, 1867 in Preston, NY, graduated from Cornell University in 1887 and was hired by the U.S. Department of Agriculture as a botanist in 1888. His USDA office, labs and greenhouses were in downtown Washington, D.C. Washington’s urban environment was the first of a number of key circumstances that influenced and hastened blueberry domestication and commercialization. Coville was concerned that his four children (Stanley 11, Katherine 9, Cabot 3, and Frederick 1) would never learn the rural skills that he had acquired in his childhood in central New York. This concern was addressed by spending several summer vacations in rural areas of New England. A geologist friend in Washington, Arthur Keith, told him about a farm, next to his parent’s farm, that was for sale near Greenfield, NH. The Covilles bought the 40 acre, former Alexander property, on May 2, 1905. The second key factor was the abundant blueberry populations of, both highbush and lowbush that flourished in the surrounding fields. In 1906, less than a year after coming to Greenfield, Coville said: “that my interest was attracted to the subject of blueberry culture”. Previous attempts by others at establishing plantings had generally been unsuccessful. Coville collected seeds in 1906, and a colleague, George W. Oliver, began germination trials that fall. In 1907, Coville began greenhouse studies in Washington on the requirements for growing blueberries. When he returned to Greenfield in 1908, he brought and planted 179 seedlings that had been grown in Washington. Survival was 97% following a dry summer on the low-pH blueberry soil. The first outstanding bush for using in crosses was selected in July of 1908 in a pasture of his neighbor, Fred Brooks, for whom it was named. This was a very fortunate find, with many berries over 0.5 inches in diameter and with excellent flavor. ‘Brooks’ became a parent or was in the parentage of 13 of the first 15 USDA releases. In the short span of time from 1906 to 1910, he determined that blueberries require a moist but not wet soil and most importantly a low pH. Also determined were nutrient requirements, winter chilling importance, propagation techniques, and breeding procedures including self-sterility and seedling management. All of this information was published in the 101 page Experiments in Blueberry Culture, USDA Bul.193, Nov. 15, 1910. The Whitesbog connection began in Jan. 1911 after Elizabeth White had read Experiments in Blueberry Culture and had written to the USDA offering land and assistance. Commercialization followed this final indispensable key.Paper presented at NABREW Conference, Paper Session II:Blueberry History, on June 25, 2014, Atlantic City, N.J
View of students and male professor in classroom 2405 during a lecture.
No full textProfessor is Frederick M. Hart. 15 figures total.https://digitalrepository.unm.edu/law_photogallery_historical/1010/thumbnail.jp
Review of Frederick Douglass and Scotland, 1846: Living an Antislavery Life
No full textThis is a book review of Frederick Douglass and Scotland, 1846: Living an Antislavery Life by Alasdair Pettinger (Edinburgh University Press, 2019). KEYWORDS: Abolitionism, Antislavery, Douglass, Racism, Scotland, Transatlantic
Rooted in all its story, more is meant than meets the ear : a study of the relational and revelational nature of George MacDonald's mythopoeic art
No full textScholars and storytellers alike have deemed George MacDonald a great mythopoeic writer, an exemplar of the art. Examination of this accolade by those who first applied it to him proves it profoundly theological: for them a mythopoeic tale was a relational medium through which transformation might occur, transcending boundaries of time and space. The implications challenge much contemporary critical study of MacDonald, for they demand that his literary life and his theological life cannot be divorced if either is to be adequately assessed. Yet they prove consistent with the critical methodology MacDonald himself models and promotes. Utilizing MacDonald’s relational methodology evinces his intentional facilitating of Mythopoesis. It also reveals how oversights have impeded critical readings both of MacDonald’s writing and of his character. It evokes a redressing of MacDonald’s relationship with his Scottish cultural, theological, and familial environment – of how his writing is a response that rises out of these, rather than, as has so often been asserted, a mere reaction against them. Consequently it becomes evident that key relationships, both literary and personal, have been neglected in MacDonald scholarship – relationships that confirm MacDonald’s convictions and inform his writing, and the examination of which restores his identity as a literature scholar. Of particular relational import in this reassessment is A.J. Scott, a Scottish visionary intentionally chosen by MacDonald to mentor him in a holistic Weltanschauung. Little has been written on Scott, yet not only was he MacDonald’s prime influence in adulthood, but he forged the literary vocation that became MacDonald’s own. Previously unexamined personal and textual engagement with John Ruskin enables entirely new readings of standard MacDonald texts, as does the textual engagement with Matthew Arnold and F.D. Maurice. These close readings, informed by the established context, demonstrate MacDonald’s emergence, practice, and intent as a mythopoeic writer
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