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Showing 41 to 46 of 46 (0.105 seconds)Spelling suggestions: "subject:"bentham"" "subject:"dentham""
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Chrestomathia: arte e ciência para Jeremy BenthamOtaviani, Márcia Cristina 20 October 2012 (has links)
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Previous issue date: 2012-10-20 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Jeremy Bentham (1748-1832) was an English philosopher who lived
during the eighteenth and nineteenth centuries, a period when major events
occurred in the world, not only on philosophical grounds, but also in economic
and apart from being entitled as the "founder" utilitarian school, and suggest
new ideas about moral issues and legislation, Bentham also brought new
perspectives and solutions to issues such as education.
In the book named Chrestomathia, Bentham exposes your beliefs
about how teaching should be done in a standard school, the School
Chrestomathia as its name. The main function of the school would be to
promote greater quantity and better quality of knowledge and, consequently,
wellness for all involved. It is in this work that he presents he believed to be
the more correct way to categorize and divide the different areas of
knowledge.
In this work we aim to show how the Tree of Knowledge that he
proposed is built, showing the intimate connection with teaching, and also
trying to analyze the ideas behind their proposals, as well as the criticism that
the author makes to the current way of classifying the human knowledge / Jeremy Bentham (1748-1832) foi um filósofo inglês que viveu durante
os séculos XVIII e XIX, em um período em que grandes acontecimentos
ocorreram no mundo, não só no campo filosófico, mas também no
econômico, e além de ser apresentado como o fundador da escola
Utilitarista, e de sugerir novas idéias para assuntos sobre moral e legislação,
Bentham buscou, também, trazer soluções e novas perspectivas para
assuntos como educação.
No livro Chrestomathia, Bentham expõe suas convicções sobre como
o ensino deveria ser feito em uma escola padrão, a Chrestomathia School,
conforme sua denominação. A principal função da escola seria a de promover
a maior quantidade e melhor qualidade de conhecimento e, em
conseqüência, de bem-estar para todos os envolvidos. É nessa obra que
Bentham apresenta o que acreditava ser a maneira mais correta de
categorizar e dividir as diferentes áreas do saber.
Nesse trabalho de Doutorado procuraremos mostrar a maneira como
está construída a Árvore do conhecimento de Bentham, proposta numa
íntima ligação com o ensino, buscando analisar as idéias por trás de suas
propostas, bem como as críticas que o autor faz à maneira vigente de
classificar o conhecimento humano
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| 42 |
Un enfoque utilitarista benthamita de temas tributarios aduaneros en política jurisdiccionalTerrones Linares, César Augusto 09 March 2021 (has links)
¿Cómo resuelven los jueces? ¿Por qué eligen una interpretación en vez de
otra? ¿Cuál es la razón por la que, al decir de los especialistas, prevalece la
interpretación literal? Éstas son preguntas insondables. Para abordarlas, hemos
recurrido a la vision unitaria que proporciona la filosofía, aplicándola a casos
cualitativamente significativos. Analizamos la decision judicial en tanto opción
favorecida en desmedro de otras, a la luz del utilitarismo benthamita. Entonces,
emerge la presencia del juez como parte del proceso (en contraposición a la idealizada
imagen neutral). Y si la normatividad no considera este fenómeno como elemento de
política jurisdiccional, el ciudadano ve afectado su derecho material (aunque se
cumplan los principios formales del proceso).
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| 43 |
Constituting political interest : community, citizenship, and the British novel, 1832-1867Bentley, Colene. January 2001 (has links)
No description available.
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| 44 |
Constituting political interest : community, citizenship, and the British novel, 1832-1867Bentley, Colene. January 2001 (has links)
This dissertation asserts a strong connection between democratic culture and the novel form in the period 1832--1867. As England debated constitutional reform and the extension of the franchise, novelists Charles Dickens, Elizabeth Gaskell, and George Eliot endeavoured to define human communities on democratic terms. Drawing on work of contemporary political philosopher John Rawls to develop a methodology that considers constitutions and novelistic representations as analogous contexts for reasoning about shared political values and citizenship, this study provides readings of Bleak House, North and South, and Felix Holt that emphasize each novel's contribution to the period's ongoing deliberations about pluralism, justice, and the meaning of membership in democratic life. When read alongside Bentham's work on legislative reform, Bleak House offers a parallel model of social interaction that weighs the values of diversity of thought, security from coercion, and the nature of harmful actions. Felix Holt and North and South are novelistic contributions to defining and contesting the attributes of the new liberal citizen. Through their central characters, as well as in their respective novelistic practices, Eliot and Gaskell highlight the difficulty of uniting autonomous individuals with collective social groups, and this was as much a problem for literary practice in the period as it was for constitutional reform.
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| 45 |
Conservative Jurisprudence and Liberal ConstitutionalismPerkins, Jordan Lee January 2023 (has links)
For the last half-century, American politics has been ravaged by a war for control of the courts. While conflict between the courts of law and the elected branches of government has been a recurrent theme in American history, this conflict has taken on a heightened importance beginning with the rights revolution ushered in by the Warren Court. Judicial originalism was born as part of a backlash against Warren and Burger Court expansions of constitutional rights in areas as disparate as First Amendment protections for individual speech and the expansion of substantive due process to cover contraception and abortion.
By the end of the Trump Administration, the judicial backlash against this expansion of constitutionalized rights appears to have gained the upper hand as the Supreme Court and lower courts of appeals, especially the Fifth Circuit, have begun a substantial counteroffensive. Roe v. Wade has been overturned, a longstanding goal of legal conservatives, and the groundwork has been set for a rollback of the federal administrative state, which has often seen by legal conservatives as a political foe.
This dissertation discusses the theoretical underpinnings of contemporary conservative jurisprudence, with a particular focus on the formalistic interpretive methodologies of originalism and textualism. It argues that textualism, at least as advanced by Justices Scalia and Gorsuch, is philosophically confused, and it argues that originalism is insufficient to its purported task of weakening the judiciary through a limitation of judicial discretion. Because legal conservatives often defend their views as a natural outgrowth of a commonsense picture of political morality, grounded in the concepts of the rule of law, democracy, and the separation of powers, I also discuss the interplay between those concepts within legal conservative discourse.
Contemporary legal conservative conceptions of these ideological constructs are compared to historical predecessors in the works of John Locke, Jeremy Bentham, Hans Kelsen, and others. I argue that the legal conservative versions of these constructs are defective and seriously imperiled by the threat of legal indeterminacy. I conclude that they should be reconfigured to meet this challenge.
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| 46 |
A Pragmatic Standard of Legal ValidityTyler, John 2012 May 1900 (has links)
American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law.
These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism.
In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method.
This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior.
The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent.
The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will.
Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil.
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