Internal Justification Research Articles

A Review of Lakatos’s Rational Progress Theory on Rationality of Science

Abstract: The rationality of science is debated by contemporary and recent philosophers, and the debate turned vibrant in Popper, Kuhn and Feyerabend. Lakatos’s rational progress theory adopts the best parts of Pooper’s hypo-deductive method and Kuhn’s revolutionary approaches to provide a comprehensive framework of justification of science. By designing negative and positive heuristics for scientific rationality, he refutes Humean scepticism that proven knowledge is an untenable ideal. The paper objects “anything goes” principle concerning scientific progress and argues that Lakatos’s framework is a better approach to scientific research and progress, and demonstrates the justification of scientific theories if triangulation, internal justification, and external verification are considered integral parts of scientific rationality.

A Typology of the Use of Intimate Partner Psychological Aggression in a Clinical Sample of Men

The development of profiles of individuals' use of intimate partner aggression based on similarities in traits allows for the customization of psychological treatment, which can increase successful therapeutic outcomes and enhance cost-effective practices. Among the existent typologies of partner aggression, none, to our knowledge, has focused on self-reported justification for the specific use of intimate partner psychological aggression (IPPA). Yet, IPPA functions within the context of their justifications. This study aimed to expand on the previously established typologies by proposing a new typology based on the justification for the use of IPPA. A sample of 456 men seeking therapeutic services for their couple’s relationship problems completed a series of questionnaires. A final five-profile solution was obtained using latent profile analyses (i.e., labeled low justification, internal justification, external justification, low malevolence, and high malevolence). The profiles were then compared on diverse IPPA-related variables, further differentiating each profile’s unique combination of characteristics. The profiles range from low to high IPPA severity and present unique patterns of justifications and relational and psychological functioning. A description of each profile and their implications is discussed in the study. Overall, the results emphasize the importance of evaluating justifications in addition to IPPA perpetration and conceptualizing psychological aggression within its context to offer more targeted therapeutic interventions.

A Typology of the Use of Intimate Partner Psychological Aggression in a Clinical Sample of Men

The development of profiles of individuals’ use of intimate partner aggression based on similarities in traits allows for the customization of psychological treatment, which can increase successful therapeutic outcomes and enhance cost-effective practices. Among the existent typologies of partner aggression, none, to our knowledge, has focused on self-reported justification for the specific use of intimate partner psychological aggression (IPPA). Yet, IPPA functions within the context of their justifications. This study aimed to expand on the previously established typologies by proposing a new typology based on the justification for the use of IPPA. A sample of 456 men seeking therapeutic services for their couple’s relationship problems completed a series of questionnaires. A final five-profile solution was obtained using latent profile analyses (i.e., labeled low justification, internal justification, external justification, low malevolence, and high malevolence). The profiles were then compared on diverse IPPA-related variables, further differentiating each profile’s unique combination of characteristics. The profiles range from low to high IPPA severity and present unique patterns of justifications and relational and psychological functioning. A description of each profile and their implications is discussed in the study. Overall, the results emphasize the importance of evaluating justifications in addition to IPPA perpetration and conceptualizing psychological aggression within its context to offer more targeted therapeutic interventions.

Лакановские революции

Gabriel Tupinambá’s Desire for Psychoanalysis proposes thinking about psychoanalysis in a way that has never been done before — as a scene whose clinical and conceptual significance must for the first time yield to the institutional clashes that take place on it. The development of a critical theory of psychoanalytic institutions is made possible by events that have made the institutional register, after the death of Jacques Lacan, generate events that go beyond questions of internal governance in the communities that Lacan inherited. Tupinamba emphasizes that it is in post- Lacanian analysis that elements of crisis institutional intervention come to the fore, implying control over the “political sanity” of psychoanalysts, as well as the persecution that the more radical and autonomous wing of Lacanian researchers is constantly subjected to from the institutional center coordinated by Jacques-Allain Miller, holder of the monopoly on “clinical thought.” The illumination of these processes also allows us to ask other questions that relate to the circumstances usually presented in psychoanalysis as its natural historical coordinates. We are referring first of all to the inequality of those undergoing analysis in terms of their ability to pay for it, to the pathological insularity of the analytic communities themselves, leading to the maintenance in them of an illusory regime of depoliticization against the background of external socio-political crises. At the same time, the effects of the latter are artificially normalized by the clinic and institutions of analysis in the name of maintaining the stability of psychoanalytic practice. The Desire for Psychoanalysis calls for an end to the internal justification of these circumstances, calling into question the very possibility of “continuing with Lacan” claimed by his institutional heirs. Instead, Tupinamba proposes to reassess the Lacanian legacy itself, both in its institutional domain and in the part of the theory Lacan created, suggesting a problematic relationship between the conceptual foundations of Lacanian thought and the shape of the clinical community he created shortly before his death.

Sovereignty and trading states: denuclearization in Belarus, Kazakhstan, South Africa, and Ukraine

The paper explores the cases of denuclearized countries, namely Belarus, Kazakhstan, South Africa, and Ukraine and primarily intends to answer the questions of how (process), why (reasons for denuclearization), and for what (benefits and gains) did these four countries abandon their strategically advantageous nuclear arsenals. For conceptual analysis, ‘a trading state’ is employed, for they commonly faced the imminent need of guaranteeing state sovereignty and the influence of changing security dynamics. The four cases exhibit both generalizable commonality and distinctive experience in the process of denuclearization. They demonstrate that two mutually-reinforcing forces, ‘global-scale structural change in world politics’ and ‘pressure for regime creation or change’, interactively led to the final decision to enact complete denuclearization, albeit not effortlessly. Furthermore, unveiling the differences in the process of denuclearization – in terms of resistance, negotiation tools and leverage, stage of nuclear development, domestic-grown technology, internal justification for legitimacy – helps to clarify the gains and benefits received in return for denuclearization. Shedding light on these four countries, under pressure from nuclear weapons states, complements conventional realism-leaning interpretations of nuclear politics and offers policy insights to understand countries with nuclear ambition in contemporary world politics.

Weighing the benefits of Karl Larenz

The article “Weighing the benefits of Karl Larenz” speaks about – in the terminology of the analytical philosopherW. Stegmüller – the direct interpretation and rational reconstruction of the idea of weighing the benefits in the legal methodology ofthe German professor K. Larenz (1903-1993). In the first case it is a description and statement of what the author mentioned in the titleof the article really had in mind when analyzing the weighing in law, and in the second about the implementation of the followingrequirements: the theory of weighing benefits should be presented in such a way that the presentation remains in agreement with themain ideas of K. Larenz; it should be set out to the extent possible with precise concepts, and also developed as a consistent (coherent)theory if possible.It was initially taken into account that the “legal career” of the concept of weighing in German (Federal German Republic)jurisprudence begins – according to H. Rückert – began in the middle of the last century, ie after 1950 and continues to the present.
 This almost coincides with the beginning of the publication of K. Larenz’s “Methodology of Jurisprudence”, which took place in 1960.In six editions of “Methodology”, “weighing of benefits” appeared as a heading only in the third edition, which was published in 1975and did not leave it in the subsequent 4-6 editions (the sixth was published in 1991), although lapidary analysis of weighing as suchhas place in the first edition. In general, Larenz’s concept of weighing was built within the neo-Hegelian direction in philosophy togetherwith philosophical hermeneutics, ie not with the help of analytical (in the sense of analytical philosophy) method, and therefore necessarilyrequires a rational, or rather analytical reconstruction.Rational reconstruction is carried out on the basis of, firstly, such a precise concept as “semantic rules” (R. Carnap), which meansinterpretive (in a broad sense) provisions, which together with the provisions on the norm and the fact, play the role of justifying thelegal decision.Secondly, such a reconstruction was carried out on the basis of three approaches proposed by such authors as: R. Aleksi,H.-J. Koch, H. Rüßmann and H. Rückert, namely: a) on the basis of the formulation of a new (the approach of R. Alexi) or b) the developmentof an old norm (the approach of H.-J. Koch (and H. Rüßmann) and c) without the formulation norms (the approach of H. Rückert),which in the first and second cases would have, and in the third could be a large (normative) basis within the framework of the socalled“internal justification” of a legal decision in the terminology of R. Alexi or within the framework of called the “main scheme”H.-J. Koch (and H. Rüßmann).As a result, it is shown that K. Larenz’s understanding of weighing properly is reconstructed with the help of H. Rückert’sapproach, that is, without the judge creating a new one and without developing the old norm.

МЕТОДИКА ПЕРЕДАЧИ КООРДИНАТ ТАХЕОМЕТРОМ НА ПУНКТЫ ВНУТРЕННЕЙ РАЗБИВОЧНОЙ СЕТИ ИНЖЕНЕРНОГО СООРУЖЕНИЯ

When creating an external planning and high-altitude justification on construction sites, and then internal center networks for the purpose of transmitting coordinates in a number of cases, geodetic measurements are performed through an optical medium, which in some areas has a different refractive index. This is the case when performing such measurements in the winter season, when the trans-mission is made through the technological gate of the temporary end of an engineering structure, for example, a nuclear or thermal power plant. The disadvantage of this method is the influence of significant air turbulence at the border of a sharp temperature drop in winter. To eliminate this influence, it is proposed to transmit coordinates inside the engineering structure through window openings. In this case, the total station can be located inside the engineering structure or outside it. When implementing the proposed method, the influence of a sharp temperature drop on the measurement results is almost completely excluded. Studies have established that when the coordinates are transmitted through the glass to the points of internal justification, a parallel transfer of the sighting beam occurs. To exclude it, the sighting must be performed at the horizontal position of the total station telescope. The article presents the results of studies of the accuracy of measuring distances and angles when the sighting (laser) beam of the total station passes through two optical media (air-glass-air) at different air temperature differences.

Awareness on Washing Hands to Prevent Spread of Disease Among Common People

Proper and regular hand hygiene can reduce the spread of infection in the family of children raised at home. Alcohol-based hand disinfectants usually eliminate viruses associated with systemic infections like respiratory and gastrointestinal infections. The study aimed to investigate a multicultural factor that focused on the use of alcohol-based hand sanitizers to reduce the transmission of diseases at home and further education in hand hygiene. The study was conducted to raise awareness among the general public about the importance of hand washing to prevent the spread of the disease. The survey was conducted among the people in Chennai using a standard questionnaire. The sampling method in the present study was a convenient sampling method. The minimum bias for sampling is done based on selection criteria. Internal justification is a group of pairs, which can normalize the pattern with similar external credibility and exposure. Data is collected and aggregated. The results of this study relate to individual behavior and perception of hand washing. However, the commitment to hand washing is low and needs to be increased. Although self-reporting has increased in the community with hand washing in the community, it is suspected that there is still a risk of developing the disease.

Glosa do uchwały Sądu Najwyższego z dnia 24 sierpnia 2017 r., Sygn. Akt III CZP 20/17, w sprawie kompensacji wydatków poniesionych przez poszkodowanego na najem pojazdu zastępczego

W glosie do uchwały Sądu Najwyższego dotyczącej problematyki kompensacji wydatków poczynionych na najem zastępczego środka komunikacji przez poszkodowanego w wypadku komunikacyjnym wskazano wątpliwości, jakie mogą się nasuwać w kontekście dotychczasowego orzecznictwa i praktyki, a także sprzeczności wewnętrzne uzasadnienia tej uchwały. Teoretycznie poprawnemu tokowi rozumowania przedstawionemu przez Sąd Najwyższy przedstawiono argumenty płynące z praktyki i doświadczenia życiowego użytkowników pojazdów mechanicznych, uwypuklające idealistyczną wizję funkcjonowania rynku najmu pojazdów zastępczych, przedstawioną przez skład orzekający.

Reasonable Interpretation: A Radical Legal Realist Critique

The notion of reasonable interpretation of legal texts, as opposed to the absurd or unacceptable interpretation, is presupposed in different legal theories as the fundamental basis of legal rationality and as a clear limitation to chaotic behaviour by courts. This article argues that the ever-present notion of reasonability is not a useful descriptive tool for understanding legal practices or how legal institutions work. The article builds on radical legal realism perspective in order to develop two arguments supporting this claim. First, it argues that, from an empirical point of view, the complexity of contemporary law and its multiple layers of normativity do not allow for the description of what a reasonable interpretation is, since no coherent universal interpretative community can be envisioned. Second, from a conceptual point of view, it argues that describing the references interpreters make to reasonability as references to a semantic object—that is, to some kind of universal “reasonableness”, a model of reasonable behaviour or rationality—is not a reliable way of understanding judicial practice in a certain legal context. This is the case because, as an internal justification discourse, the appeal to reasonability by the interpreter has no bearing on truth or correctness. Nothing prevents courts from cherry-picking a meaning for reasonability in each case, using it as the justification to solve similar cases in different, sometimes contradictory ways. In short, the concept of reasonability cannot be taken, in itself, as an instrument of legal analysis. As a prescriptive discourse, it can merely be one of the objects legal science intends to observe and explain. Its discursive functions—not its semantic references—, as part of a strategy to convince and to justify, are the only observable elements that can sustain a coherent falsifiable description by legal science.

Online Deliberation and the Public Sphere: Developing a Coding Manual to Assess Deliberation in Twitter Political Networks

To what extent are elements of rational-critical debate present in Twitter political networks? And to what extent are the discursive practices in these networks constitutive of a public sphere online? This research presents the different phases of a coding manual we developed to assess deliberation in Twitter political networks. To exemplify the use and value of the coding manual, we manually annotated communications (N = 3657) in the Dutch MPs’ mentions Twitter network. Our results show clear signs of positive empathy and cross-ideological interactions in the MPs’ communications, yet they also point to low levels of internal justification, reflexivity and critique. Therefore, although communications in the Dutch MPs’ mentions Twitter network exhibit important components of rational-critical debate, they cannot be considered full-fledged deliberative.

Sobre el razonamiento principal de una sentencia judicial

La teoría jurídica dominante sostiene que el razonamiento principal de una sentencia judicial es y ha de ser un silogismo judicial. El presente trabajo critica ambas tesis y pone de relieve que estas tienen su origen en ideas erróneas relativas a tres temas: la corrección jurídica de las decisiones judiciales, la aplicación de las normas jurídicas y el valor probatorio de los razonamientos, siendo este último tema el que se conecta con la denominada «justificación interna» de las decisiones judiciales. En la parte final, el trabajo cuestiona la validez, la legalidad y el valor probatorio del razonamiento principal de una sentencia judicial, y propone un nuevo modelo.

Introducción a las categorías conceptuales del bioderecho en la discrecionalidad jurídica

La identificación de la denominada dispersión epistemológica en las decisiones en bioderecho se evidencia en la incorporación crítica al materialismo, en particular, y a las nuevas formas de fisicalismo, ya que su base epistemológica se encuentra en un contexto mucho más amplio que la explicación unificadora de la relación mente-cerebro. De ahí que teorías de la argumentación adoptadas por autores como Wroblesky, Aarnio y Alexy identifican una doble exigencia en la justificación: por un lado, la llamada justificación interna, regulada por la lógica a la hora de conectar las premisas o conectar los enunciados que forman parte del razonamiento judicial y, por el otro, la justificación externa, focalizada en los argumentos o razones utilizadas para justificar aquellas premisas o enunciados. El bioderecho implica reconocer que se plantea una crítica al materialismo y al fisicalismo, camino que ya la psicopatología recorrió para entender fenómenos como la intencionalidad, la interpretación de conductas humanas y los supuestos interpretativos de la arquitectura de la decisión jurídica.El estudioso del bioderecho debe identificar esos supuestos, muchas veces irreflexivos; ello implica dar razones acerca de la relación mente-cuerpo subyacente; de los elementos que componen la acción humana jurídicamente relevante; la configuración de los bienes humanos básicos involucrados en la litis en el bioderecho; elementos todos estos que hacen necesario repensar el estatuto cognoscitivo del derecho, en general, y del bioderecho, en particular.

La subsunción de Alexy y la pregunta por la racionalidad de la ponderación

Este trabajo analiza al detalle la argumentación de Robert Alexy en virtud de la cual la subsunción resulta poco racional, por cuanto existe un método que lo es más, como es la ponderación. La hipótesis de trabajo es que una descripción imprecisa de la subsunción permite ambientar el debate sobre la racionalidad de la ponderación y, a la postre, declarar resuelto a su favor dicho debate. Esta descripción incorrecta, más el entendimiento erróneo de las nociones de justificación interna y justificación externa de Jerzy Wróblewski y poner desatinadamente a Jürgen Habermas como “crítico de la fórmula de la ponderación”, permitirá generar la impresión de la resolución del problema de la racionalidad de este método de aplicación de principios.

Selectivity in Corporate Tax Matters After World Duty Free: A Tale of Two Consistencies Revisited

In World Duty Free Group, the CJEU has reaffirmed that de jure-selectivity requires a derogation from the reference system of taxation giving rise to a different treatment of undertakings that are in a legally and factually comparable situation in light of the objective of the reference system. In corporate tax matters, the reference system is generally the corporate tax system itself. It is thus not necessary to identify a certain group of undertakings as the only ones that can benefit from a tax measure. The CJEU’s emphasis on discrimination in the second step of the selectivity test will not effectively restrict the concept of selectivity. By contrast, the CJEU did not address the internal justification where problems persist which respect to permissible grounds of justification, to the relationship between derogation and justification and finally to proportionality. In World Duty Free Group, the CJEU has also confirmed the existence of a second dimension of selectivity, namely de facto-selectivity. While de jureselectivity amounts to an obligation to design Member States’ tax systems in an internally consistent manner, de facto-selectivity can be understood as an example of the obligation also to adhere to certain external consistency standards.

Fairness in International Trade Policy: Equality and Differential Treatment in Theory and Practice

In Fairness in Practice – A Social Contract for a Global Economy (2012) Aaron James proposes a substantial normative framework for a theory of fairness in the global economy. Based on a distinctive methodology of interpretive constructivism, James argues for an internal justification of fairness requirements in the field of international trade, and consequently defends three basic egalitarian principles of fairness. However, Mathias Risse and Gabriel Wollner, among others, have criticized James’s view for multiple reasons. In the following article, I will first engage with their critique, contending that their arguments do not prove that James’s view should be dismissed. Instead, I will introduce a new proposal, arguing that it is rather by a notion of differential treatment of countries that James’s account should be complemented. Taking into account all the relevant differences between countries, the concept of differential treatment allows for the provision and establishment of equal participation as a basis for considerations of fairness. To this end, I shall therefore propose an additional fourth principle of fairness called Equal Participation. I argue that it is necessary to significantly expand James’s contractualist and practice-dependent foundations, in order to reconcile crucial methodological concerns and to render James’s formulations applicable to current debates on free trade agreements. The article will conclude with an exploration of the applicability of this new approach to current trade policy issues, illustrating not only its practicability but also the urgent need for normative considerations in the context of international trade agreements.

Would you forgive Kristen Stewart or Tiger Woods or maybe Lance Armstrong? Exploring consumers’ forgiveness of celebrities’ transgressions

ABSTRACTEmploying a qualitative approach, within the context of Generation Y consumers, this research investigates the internal justification processes used by consumers contemplating to forgive a celebrity who has transgressed society’s norms of acceptable behaviour. A thematic analysis of data from in-depth interviews identified nine emergent categories, grouped into four themes or core drivers: celebrity-related drivers, consumer-related drivers, context-related drivers and time-related drivers. The findings show that although there is generally no personal relationship between consumers and celebrities, consumers tend to bond with celebrities in para-social relationships. Many consumers see these relationships as similar to how they connect with friends thus leading them to show forgiveness tendencies towards a celebrity comparable to forgiving friends. The paper presents a conceptual framework highlighting the consumer’s forgiveness justification process.

Consent, Forcible Intervention, and Internal Justification to Use Force

Consent has become an increasingly common legal justification for states wishing to intervene in internal strife. While the literature on this issue has increased exponentially in recent years, basic questions remain unanswered. In this brief piece, I will focus on two tricky issues: (a) Who can consent to the use of military force within a state? and (b) Under what circumstances can consent legalize forcible intervention? Concerning the latter question, this contribution identifies a missing link: usually, legal discourse deals with the issue of consent in disconnect from the question whether the internal resort to force was itself just. In this comment I suggest a preliminary way to mend this gap.

Summaries

Marijn Meijers Justifying eco-unfriendly behaviors. Implications for communication practice This article describes how people may justify their eco-unfriendly behaviors. It is described how people may use their own previous moral and environmentally friendly behaviors as a justification for environmentally unfriendly behaviors (part I: internal justification) and how people may use the behaviors of others and institutions (i.e., science) as a justification for environmentally unfriendly behaviors (part II: external justification). The article shows boundary conditions for justification effects and describes the implications that these effects have for communication practice. Keywords: licensing, justification, environmentally friendly, moral, sequential decision making

Does classic school curriculum contribute to morality? Integrating school curriculum with moral and intellectual education

Phillip Cam recently published a study on the separation between the teaching and learning of classic school curriculum (CSC) on the one hand and morality on the other. He suggests an approach to integrate them. The goal of this article was to suggest a complementary alternative approach, to Cam’s. Based on a MacIntyrean paradigm, I argue that seeing the CSC (such as math, biology, literature and history) as ‘practices’ would also enable that integration. This approach differs from the one proposed by Cam, since it preserves the structure of the CSC. Nevertheless, I will demonstrate how this approach leads to a number of changes in the formation, teaching and learning of school curriculum. As background, I will briefly describe R.S. Peters’ attempt to find an internal justification for the teaching and learning of school curriculum and point to some weaknesses it contains. My proposal can be understood as deriving from the same principle, of another famous educational initiative, Mortimer Adler’s ‘Great Book Project’. Toward the end of the article, I will demonstrate why Adler’s project differs from mine, and why it does not meet the goal of integrating learning school curriculum with moral education.