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Medieval Law: A Multifaceted Legal Experience

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Chapter 5. MIDDLE AGES: AN EXPERIENCE IN MULTIPLE LEGAL LAWS

Item 4: The Medieval Legal

Legal experience is a set of fundamental policies that need to be implemented. It's a prism that specifies, concretizes, and translates attitudes and orientations of legal action into effective life schemes.

This instrument of specification and realization is precisely the OJ through which experience is expressed. The system is made of schemes able to order reality, thanks to their specificity.

The law, as the "organization, structure, and situation of the society in which it develops and what constitutes it as a unit," was essentially cut off from political power and historical projection. In the absence of the State, the law could operate under the power of... Continue reading "Medieval Law: A Multifaceted Legal Experience" »

Modern Philosophical Rationalism Explained

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Understanding Rationalism

Insecure, if not a lifelong dream and the world a stage, as Shakespeare says.

Types of Modern Rationalism

There are three types of modern rationalism:

  • Psychological Rationalism: Reason is equated with thinking over emotion and will.
  • Metaphysical Rationalism: Reality possesses a rational character.
  • Epistemological Rationalism: Reason is the only appropriate source and means of knowledge. This idea stems from two key assumptions:
    • Our knowledge can be constructed deductively from clear ideas and principles.
    • These ideas and principles are innate to the understanding, possessed independently of any sensory experience.

Characteristics of Rationalism (16th-18th Centuries)

Rationalism, as a specific school of thought that developed... Continue reading "Modern Philosophical Rationalism Explained" »

Mythical vs. Rational Explanation: Science & Philosophy

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ITEM 1

Mythical Explanation Features:

  • Personification and deification of natural forces and phenomena (e.g., lightning, water).
  • The phenomena of the universe occur arbitrarily.
  • Mythical explanations are accepted as true due to tradition and authority.
  • The authority of tradition is unquestioned.

Rational Explanation Features:

  • No reliance on gods or supernatural agents. The concept of nature (physis) emerges.
  • Things happen when they must and as they should. The idea of nature is linked to necessity and law.
  • A rational explanation is considered true based on the strength of underlying reasons and arguments.
  • It can be discussed and subjected to critique.

Characteristics of Science:

  • It is rational, logical knowledge using mathematical language.
  • It seeks to understand
... Continue reading "Mythical vs. Rational Explanation: Science & Philosophy" »

Descartes: Impact on Philosophy and the Existence of God

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Descartes' Impact on Philosophy and the Existence of God

Due to the great importance of Descartes, we can relate his ideas to many authors in the history of philosophy, both past and present. We could relate him to St. Thomas Aquinas and focus primarily on his theory of knowledge and the demonstration of the existence of God.

For Thomas Aquinas and Aristotle, knowledge starts from experience; there is nothing in the understanding that has not gone through the senses. For Descartes, the senses are deceptive, and truth is the evidence that reveals reason. Thomas Aquinas' proof of the existence of God starts from the observation of facts. Descartes made his proof from the innate idea of infinity, which does not come from experience.

Descartes and

... Continue reading "Descartes: Impact on Philosophy and the Existence of God" »

Understanding Moral Responsibility and Autonomy in Human Actions

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Moral Responsibility

Moral responsibility is derived from the commitment that an individual acquires moral obligations. Etymologically, it means the need to respond. The individual is left alone to be responsible and deal with everything that comes in life. There is a human need to respond to people and the environment. This need involves a unity linked to the freedom to do the right thing. The moral subject is more or less responsible. Coercion, if legitimate, is another defense to liability. Moral responsibility indicates moral progress in individuals and groups. Autonomy and Moral Heteronomy are related to everything said here. On the one hand, humans regulate some of their behaviors. Furthermore, they are free, rational, and conscientious

... Continue reading "Understanding Moral Responsibility and Autonomy in Human Actions" »

Stoicism, Epicureanism, and Cynicism: Ancient Schools

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Ancient Philosophical Schools

  • The Stoa: Led to Stoicism, initiated by Zeno of Citium.
  • The Garden: Created by Epicurus, representing Epicureanism.
  • Cynicism: Initiated by Antisthenes.

Stoicism

The founder of this school was Zeno of Citium (c. 334 – 262 BC). Other prominent representatives include Marcus Aurelius, Seneca of Cordoba, and Epictetus. Stoic ethics sets the goal of existence as happiness. Happiness is achieved by living according to nature, that is, living in harmony with the Logos. One must align their individual Logos with the universal Logos to understand everything that occurs in nature. Stoicism posits an active Logos (fire) and a passive Logos (matter), which need each other to exist and generate relationships of sympathy between... Continue reading "Stoicism, Epicureanism, and Cynicism: Ancient Schools" »

Marxist Socialism: Philosophical Foundations in Education

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Philosophical Foundations of Marxist Socialism in Education

Theory of Human Alienation

Historical Materialism

Philosophical Presuppositions: The theory of human alienation is based on the original work of Marx, but it also refers back to Hegel, where alienation is operated within consciousness or thought. In Marx, it has real substance and purpose in the living conditions of the working man, relying on specific situations and unique historical processes.

  • In Religion: Born of the miserable circumstances in which relationships develop. Hence, there is only one way out of this religious alienation: the radical transformation of society.
  • Politically: Marx criticizes the state as the source of our political alienation. It is, therefore, an instrument
... Continue reading "Marxist Socialism: Philosophical Foundations in Education" »

Understanding Aristotle's Philosophy on Happiness and Virtue

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Aristotle's Nicomachean Ethics: Happiness and Virtue

Aristotle wrote several treatises on ethics, the most important of which is the Nicomachean Ethics. In his Ethics, Aristotle starts from the ultimate goal: the goal of all men is happiness. Surely all men, whatever their creed or belief, will agree with this statement. Disagreement begins when trying to realize what happiness is.

What is Happiness According to Aristotle?

To answer the question of what constitutes happiness, Aristotle discusses human nature. Every person is happy doing the activity that is proper and natural (this principle is a consequence of his teleological conception of nature: everything tends to an end that is their right). For Aristotle, happiness, therefore, is not a... Continue reading "Understanding Aristotle's Philosophy on Happiness and Virtue" »

Ethical Theories: Determinism vs. Indeterminism

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Ethical Indeterminism

Indeterminism posits that when we choose and act freely, we act independently.

This trend's origins trace back to classical Greece, the ethical relativism of the Sophists, and Plato's moral intellectualism. It regained importance from the eighteenth century.

Kant

Kant believed in different uses of the same reason. Human reason has two main uses:

  • Pure Reason deals with understanding the physical world, where phenomena are inescapable, and freedom doesn't exist.
  • Practical Reason deals with how we should act, the principles of human behavior, and the laws guiding behavior. Freedom exists only here.

Kant focused on the principles that move humans to action. These principles form our conscience, which governs our behavior and tells... Continue reading "Ethical Theories: Determinism vs. Indeterminism" »

Key Concepts in Society, Politics, and State Theory

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  1. Define the word 'society'.

    Answer: A group of human beings who collectively pursue shared goals through common means and coexistence.

  2. What is meant by 'politics'?

    Answer: Throughout human history, groups have been linked by fundamental political structures, inevitably involving the presence of law, from primitive forms to the modern state.

  3. Describe what is meant by 'legal order'.

    Answer: Three constitutions regulate the basic progress of the Mexican state: the constitutions of 1824, 1857, and 1917. The current state is restructured based on the 1917 constitution and its reforms.

  4. What is the purpose of state theory?

    Answer: It aims to investigate the specific circumstances of state life around us.

  5. Name the first constitution that took effect in New

... Continue reading "Key Concepts in Society, Politics, and State Theory" »