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Ethics and Law: Reassessment on the Legal Positivism
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作者 Mehmet Tevfik Ozcan 《Journal of Philosophy Study》 2014年第2期75-96,共22页
Legal system in a modern society is administered by judiciary which is due to separation of powers in a constitutional government whose role is congruent with market-based (i.e., capitalist) social formation. At the... Legal system in a modern society is administered by judiciary which is due to separation of powers in a constitutional government whose role is congruent with market-based (i.e., capitalist) social formation. At the outset of modernity, an overall morality, as a social system, lacked for ordering all social relations in modern society under overdetermination of market relationships and class differentiation. Despite the fact that we may attribute moral property to the patterned relationship, there is somewhat a common character between morals and laws that both of them visibly set forth by reciprocity between individuals and social groups, which are backed by external sanctions as manifested with notion of justice, as evaluative criterion of impartiality. Thereby, the other problem is a tiny relationship or sometimes tension between social systems of morals and individual ethical virtues; even though some philosophers are willing to equate virtues, morals, and the law as squarely reducing virtues to obey the established law. As though, legal system and some morals incidentally coincide, the law cannot be evenly rely on morality in spite of presumed legitimacy by means of morals that have been overall subject matter of philosophy of law. Regarding the social structure of any capitalist society, I frankly say that law autonomously or semi-autonomously arose as a discrete depolitical power system other than system of morals which was ultimately determined by mode of production. Therefore, it relies on a convention-like social approbation, whatsoever is stably or unstably balanced with political power. 展开更多
关键词 LAW MORALITY ETHICS legal positivism depolitical
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Positivism and Variation: Literary Communication and Propagation at Heterogeneous Cultural Context
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作者 WANG Peng-fei 《Journal of Literature and Art Studies》 2016年第9期1105-1111,共7页
The study of the international literary relations in comparative literature includes not only the positivistic relations of different nations and different literary systems, but also the relations of variation among d... The study of the international literary relations in comparative literature includes not only the positivistic relations of different nations and different literary systems, but also the relations of variation among different literatures when it comes to the cross-civilization heterogeneity. Therefore, the positivistic approach and that of variation in the study of international literary relations constitute the two indispensable pillars in this field. 展开更多
关键词 international literary relation positivism cross cultural communication heterogeneous cultural context
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1945年以来法国的音乐史学 被引量:1
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作者 雷米·冈波斯 伍维曦(译) 《音乐探索》 2019年第2期31-40,共10页
在大约一个世纪之中,音乐史学科在法国获得了巨大的发展。在初始阶段,一部分博学的专家以文献学的方式为法国音乐学的诞生打下了学术基础,随后,该学科在转型过程中面临了挑战,但同时也因为机构设置的更新而获得了机遇。尤其是在"二... 在大约一个世纪之中,音乐史学科在法国获得了巨大的发展。在初始阶段,一部分博学的专家以文献学的方式为法国音乐学的诞生打下了学术基础,随后,该学科在转型过程中面临了挑战,但同时也因为机构设置的更新而获得了机遇。尤其是在"二战"后,法国国家科学研究中心(CNRS)和综合性大学都产生了很多音乐学的职位,系统性的课程也在全国高校普遍开展。1970—1980年代,音乐分析和音乐史这两个学科的竞争使后者在最近20年得到了极大的更新,尤其是在引入社会科学方法的层面,法国音乐学有了全新的改观。 展开更多
关键词 HISTORIOGRAPHY MUSICOLOGY positivism PHILOLOGY MUSICAL institutions
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Future and Scientific Conception of the World without Philosophy?
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作者 Mirella Fortino 《Journal of Philosophy Study》 2017年第1期33-38,共6页
Often conceived as metaphysical approach, in the XX Century, philosophy is object of a crusade antimetaphysical in the movement of Logical Positivism. I will try to demonstrate that a philosophical perspective is conc... Often conceived as metaphysical approach, in the XX Century, philosophy is object of a crusade antimetaphysical in the movement of Logical Positivism. I will try to demonstrate that a philosophical perspective is conceivable even in the scientific conception of the world elaborated by the neopositivists. I discuss this point of view with attention to the turn represented by pragmatic philosophy of Neurath, which represents a crucial passage for the future of philosophy. In this vision, the science is not conceivable without philosophy, namely without an open and pluralist scientific philosophy. The philosophy--so--is not insufficient too for the perspective of scientific conception of the world. 展开更多
关键词 EPISTEMOLOGY FUTURE knowledge logical positivism METAPHYSICS PHILOSOPHY PHYSICALISM science
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The Missing Argument in Sellars's Case against Classical Sense Datum Theory in "Empiricism and the Philosophy of Mind"
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作者 Tom Vinci 《Journal of Philosophy Study》 2017年第10期521-531,共11页
Our objectives in this paper are, first, to identify several puzzling aspects of the "Trilemma Argument" of Section 6 against the Sense Datum Theory; second, to resolve these puzzles by reconstructing the Trilemma A... Our objectives in this paper are, first, to identify several puzzling aspects of the "Trilemma Argument" of Section 6 against the Sense Datum Theory; second, to resolve these puzzles by reconstructing the Trilemma Argument; third to point to a distinction Sellars makes between two versions of the Sense Datum Theory, the "nominalist" version and the "realist" version; fourth, to reconstruct Sellars's arguments against both; and, finally, to fmd in an earlier paper, "Is There a Synthetic A Priort?" that his argument against the second version, assumed but not actually given in EPM, is against property realism and depends on taking language expressing propositional perception as fundamental and language expressing non-propositional perception as incomplete and derivative from the former. 展开更多
关键词 Wilfiid Sellars EPISTEMOLOGY sense data foundationalism the given positivism empiricism and the philosophy of mind perception EMPIRICISM properties realism nominalism
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Asouzu's Critique of Philosophy of Essence and Its Implication for the Growth of Science
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作者 Patrick Johnson Mendie 《Journal of Philosophy Study》 2015年第5期233-243,共11页
The balkanization of reality by Aristotelian Philosophy has been a thought provoking exercise in the history of Western Philosophy. Aristotle's idea as conceptualized by Asouzu as Philosophy of Essence has been the c... The balkanization of reality by Aristotelian Philosophy has been a thought provoking exercise in the history of Western Philosophy. Aristotle's idea as conceptualized by Asouzu as Philosophy of Essence has been the central instrument for bifurcation and polarization of all entities into classes, such as: Essence and Accident, Matter and Form, Cause and Effect, Rationalism and Empiricism etc. This dualistic ontology be believes has eaten deeply into the mind of Western scholars to perceive science dualistically. In view of the above, the disagreement with Aristotle's compartmentalization of reality from Ibuanyidanda Philosophy (Philosophy of Complementarity) by Asouzu is an attempt to restructure scientific dualistic ontology into one unified, non-polarized, non-absolutistic, harmonious framework capable of fascinating unity in science. Hence, the subject matter of Ibuanyidanda Philosophy is to restore the broken unity between theory and praxis that exists in science because everything that exists serves a missing link of reality. The aim of this paper is to critically examine from the philosophical eye, the various critique by Asouzu on this thought provoking polarization of reality in Aristotle's Philosophy of Essence. We are of the view that Aristotle had to balkanize reality to solve the various problems of his era. Thus, if applied to contemporary scientific issues, it will lead us to no unity and growth in science. Furthermore, from Ibuanyidanda's perspective, we are of the view that its nature of harmonious non-polarized ontology is a breakthrough to contemporary scientific issues especially the debate within macro physics, theory of relativity, and sub-atomic particles physics (Quantum Mechanics). 展开更多
关键词 Philosophy of Essence Ibuanyidanda missing link positivism theory of relativity and QuantumMechanics
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Positivist Typologies of the Right to Health Norms
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作者 李广德 HU Genfu(Translated) 《The Journal of Human Rights》 2021年第4期575-597,共23页
As the cornerstone of the rule of law in public health,the right to health is an important human right recognized by international covenants of human rights and widely absorbed by foreign constitutions and laws.In int... As the cornerstone of the rule of law in public health,the right to health is an important human right recognized by international covenants of human rights and widely absorbed by foreign constitutions and laws.In international covenants on human rights,the right to health is regarded as a social right,and its core connotation is“the right to the highest attainable standard of health,”which has been recognized by many global and regional human rights conventions.Correspondingly,it has become a norm for this right to be included in constitutions around the world,especially those in the emerging countries that became independent after World War II and is often embodied within the framework of the law.Take China as an example,the right to health in our legal system is included in the Constitution,and has been substantiated in the Law of the People’s Republic of China on the Promotion of Basic Medical and Health Care and the Civil Code in the mode of“the same channel protection of public and private laws”.The rule of law and public policy are important means of substantiating the right to health(norms).The right to health in this category is confirmed and shaped by the policybased legal principles such as the principle of human rights protection,the principle of fairness,the principle of non-discrimination and the principle of due process,and covers the welfare policy and the health service system in modern countries. 展开更多
关键词 right to health positivism legal sources health policy
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Peer Review in a Positive Way:The Charity of Pedagogy
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作者 姚雪梅 《海外英语》 2012年第7X期36-37,共2页
Studies investigated the effects of peer-response on Second Language Writing revision and indicated its benefits on Second Language Writing.However,the effectiveness of peer review in ESL writing classroom has been qu... Studies investigated the effects of peer-response on Second Language Writing revision and indicated its benefits on Second Language Writing.However,the effectiveness of peer review in ESL writing classroom has been questioned with regard to the insufficient ability of language learners and their negative attitude toward peer review activity.This research was inspired by a view of Porter's pedagogy of charity,and promoted an effective training should be given to help writers do peer review in a positive way. 展开更多
关键词 PEER review CHARITY of PEDAGOGY TRAINING a positiv
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Towards English Writing Research with Chinese Characteristics 被引量:1
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作者 游晓晔 《Chinese Journal of Applied Linguistics》 2012年第3期263-270,381,共9页
This essay first reviews the history of English writing research in China, focusing on the way that though Chinese students negotiated multiple languages and cultures, nationalism and positivism oriented most teachers... This essay first reviews the history of English writing research in China, focusing on the way that though Chinese students negotiated multiple languages and cultures, nationalism and positivism oriented most teachers and researchers to treating native English speakers as the target audience of student writing. The essay then reviews the research reported in this special issue. These studies have advanced English writing research in China by examining writing at secondary, college, and graduate levels, the multi-dimensional feedback that student writers receive, and identity construction in student texts. The essay concludes by pointing out avenues for future research in this area. 展开更多
关键词 writing process positivism qualitative research
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Why Pheidippides could not believe in the‘Central Governor Model’:Popper's philosophy applied to choose between two exercise physiology theories
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作者 Fernando A.M.S.Pompeu 《Sports Medicine and Health Science》 2022年第1期1-7,共7页
An important epistemological problem has been faced by Exercise Physiologists.On one hand,one theory explains the fatigue through a ceiling effect of oxygen uptake.On the other hand,the new theory proposes that an enc... An important epistemological problem has been faced by Exercise Physiologists.On one hand,one theory explains the fatigue through a ceiling effect of oxygen uptake.On the other hand,the new theory proposes that an encephalon mechanism would stop the effort before a catastrophic homeostasis failure.Many physiologists have looked for evidence to support their favourite theory even though the induction logic problem does not allow to prove whether truth is discovered;however,it is possible to prove that it does not occur.When some researchers fail to test their hypotheses,they use relativism to bring up their theories again.Noakes and his colleagues have based their theory on relativism,because it is impossible to refute by empirical observation.It also doesn't explain all phenomena that the oldest Hill's theory is able to explain.Noakes's theory isn't more accurate in its previsions.Noakes did not check whether the oxygen uptake plateau occurs in suitable tests to measure on the mouth what happens in the muscles.Finally,it doesn't propose new tests for the encephalon role during maximal effort,as that is expected in scientific work.For all of these reasons,it is possible to conclude there are no advantages in switching to the“Central Governor”theory. 展开更多
关键词 Epistemological problem VO_(2)plateau positivism Scientific revolutions and philosophy of science
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