By Aulis Aarnio
This e-book is a precis of the author’s forty years of study within the fields of civil legislations and the philosophy of legislation. the focus is at the major projects within the doctrinal research of legislation: the translation and systematisation of criminal norms. during this regard, Professor Aarnio offers with the speculation of argumentation in addition to with its foundations - i.e., with the ontology, epistemology and technique of criminal pondering - and develops the tips that have been first offered in The Rational as Reasonable (Kluwer 1987) in all of those dimensions. The paintings comprises an up to date dialogue at the writings of Robert Alexy, Jûrgen Habermas, Ronald Dworkin and Alf Ross. a focus of view issues the excellence among positivism and non-positivism, during which the center of the feedback makes a speciality of Scandinavian realism.
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Example text
Here, as on many other occasions, Wittgenstein makes a radical opening by asking: Why can’t a dog simulate pain. Is he too honest? (Wittgenstein 1967, 250). What is the meaning of that opaque statement? Let us take an example. I prick myself in the arm with a needle, as a result of which I feel pain. This pain is expressed by yelling or by swiftly moving my hand. The Hintikkas call this the primary language of expressing pain (Hintikka 1976, 274). If someone doubts my expression of pain, he might presume I am merely faking it.
To return to our example of the observer of the game of chess, and to borrow the words of Ludwig Wittgenstein, one can say that in order to learn the game the observer must already be able to play another game. If nothing else, the observer must understand what, in general, it means to play a game. The same is true of the understanding of social activities. One must, so to speak, somehow be “inside” them in order to participate in these activities in general, and it is not possible to even understand the activities unless one has participated in them at least once.
DSL and Adjudication The authority applying the law has judicial power to give solutions and the obligation to reach a decision in every case that has been delivered up to the law. The official status of the authority obliges it to follow the legal norms or run the risk of sanctions. On the other hand, the adjudication always deals with concrete cases. The judge does not interpret the law just for the interpretation’s sake (Aarnio 1987, 8, 1997, 188). DSL is a practical field, or a study that is near praxis.