1,720,975 research outputs found
Christianity, Ethics and the Law: The Concept of Love in Christian Legal Thought
No full textThis book examines how Christian love can inform legal thought. The work introduces love as a way to advance the emergent conversation between constructive theology and jurisprudence that will also inform conversations in philosophy and political theory. Love is the central category for Christian ethical understanding. Yet, the growing field of law and religion, and relatedly law and theology, rarely address how love can shape our understanding of law. This reflects, in part, a common assumption that law and love stand in necessary tension. Love applies to the private and the personal. Law, by contrast, applies to the public and the political, realms governed by power. It is thus a mistake to envisage love as having anything but a negative relationship to law. This conclusion continues to govern Christian understandings of the meaning and vocation of law. The animating idea of this volume is that the concept of love can and should inform Christian legal thought. The project approaches this task from the perspective of both historical and constructive theology. Various contributions examine how such thinkers as Augustine, Aquinas, and Calvin utilised love in their legal thought. These essays highlight often neglected aspects of the Christian tradition. Other contributions examine Christian love in light of contemporary legal topics including civility, forgiveness, and secularism. Love, the book proposes, not only matters for law but can transform the terms on which Christians understand and engage it.? The book will be of interest to academics and researchers working in the areas of legal theory; law and religion; law and philosophy; legal history; theology and religious studies; and political theory
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
A convergence of legal pluralism and legal realism to expound legal epistemology
No full textThis chapter argues in favour of adopting a combined prism of legal pluralism and legal realism for the benefit of legal epistemology. In the context of the transfer of legal knowledge, it argues that coupling legal pluralism with legal realism may capture the operational dynamics of legal knowledge better than relying on pure doctrinalism. The chapter's discourse seeks to re-examine the entrenched institutional assumptions and practices that scaffold the production and dissemination of legal knowledge. By co-evaluating the socio-political, economic, and historical dynamics inherent in the formation and employment of legal knowledge as offered through a compound lens of a nuanced combination of legal realism and pluralism, more facets of law can be seen. The chapter also probes the epistemological inquiries that inform the reading and interpretation of legal texts, shedding light on the intricate interplay between legal knowledge, language, and contextual understanding. Through navigating the methodological pathways of legal pluralism and legal realism, this chapter aims to help the transfer of information within inquiries in law within the evolving tableau of legal education and practice
Why law may very well be computable: the case of the reasonable person
No full textA prominent topic in contemporary legal literature is whether law is or may be computable, that is, whether law's regulatory function can be exerted by computing devices. Merging philosophical reflection with insights from cognitive and computer science studies, this chapter argues that if the ‘computational theory of thought’ (‘CTT’) is right, then it follows that to the extent that law is a product of the intellect (i.e. of a thinking process), it is computable. To support this argument, the chapter shows that one of the key epistemic-ontological constructs in law – the reasonable person standard – operates analogously to how thoughts operate according to the CTT. This finding, the chapter concludes, suggests that law may indeed be computable
Research handbook on epistemologies of law
No full textThis Research Handbook explores recent developments in legal education and practice. It covers the increasing reliance on technology to teach law and perform legal tasks, including a surge in the use of artificial intelligence (AI), alongside changing definitions of what it means to attain, retain, and use legal knowledge.
Filling an important gap in the literature on the topic, expert authors shed light on the uncertain future which awaits law schools and the legal profession, and reconsider the nature, operational dynamics, and remit of the type of knowledge required in the field. Featuring original contributions on key topics, the Handbook provides insights into research methods in law and legal knowledge in theory and practice through philosophical and sociological perspectives. Chapters present theoretical, practical, sociological, comparative, critical, and law and technology approaches and examine analytic jurisprudence to address law reform and legal knowledge of the future.
The Research Handbook on Epistemologies of Law is an essential resource for scholars and students of legal philosophy and legal theory. Additionally, practitioners in legal education will also be interested in its study of the ways in which legal knowledge is produced and transmitted in the age of AI
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
- …
