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Papers by Zenon Bankowski

Research paper thumbnail of The Law of Love and the Love of Law

Law and Philosophy Library, 2001

Research paper thumbnail of Parable and Analogy: The Universal and Particular in Common Law

Research paper thumbnail of The Moral Imagination and the Legal Life

The Moral Imagination and the Legal Life, 2012

Contents: Introduction, Zenon Bankowski and Maksymilian Del Mar The space to see: law and the eth... more Contents: Introduction, Zenon Bankowski and Maksymilian Del Mar The space to see: law and the ethical imagination, Zenon Bankowski The education of attention and encounter in the legal academy, Maksymilian Del Mar On encountering life and learning with/out the text: reflections on Bankowski and Del Mar, Julian Webb A university is not the world: and nor is its law school, Anthony Bradney 'Associated life': democratic professionalism and the moral imagination, Paul Maharg Challenging the primacy of the text: the role of the visual in legal education, Clare Sandford-Couch Twyla Tharp goes to law school: on the use of the visual and performing arts in professional education, Thomas Wm. Mayo Truth in context: sketching a (new) historicist legal pedagogy, Randy Gordon Performance, pedagogy and law: theatre of the oppressed in the law school classroom, Gillian Calder Index.

Research paper thumbnail of Epistemology and Ontology

The SAGE Dictionary of Sports Studies

Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Ec... more Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garcia Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant’s Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles’ Antigone M. Sandstrom: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of “legal system” in comparative law and legal theory S. Schaumburg-Muller: Truth, Law, and Human Rights P. Sommaggio: Boethius’ definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies – A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory

Research paper thumbnail of Norms, legal

<jats:p>A legal norm sets a standard of behaviour. As a norm, it thus can remain in existen... more <jats:p>A legal norm sets a standard of behaviour. As a norm, it thus can remain in existence even though it is broken. Norms can be distinguished from causal laws which need to be reinterpreted if an exception is found. Linguistic signals help us determine what the norm is. Thus 'ought', 'must', 'shall', 'have to', 'right', 'wrong', 'good', 'bad', and so on, characteristically belong to the statement of norms, whereas words like 'is', 'are', 'were', 'will be' 'possible', 'impossible' tend to show descriptive rules. These linguistic signals reflect a difference, they do not constitute it. There are many counterexamples: thus 'swimming is forbidden' and 'we ought to be at the col now' express normativity and description respectively.</jats:p> <jats:p>Whatever is for someone a standard for their conduct is normative for them. One might say that the idea stems from the notion of measurement. That we 'run the rule' over someone or 'get the measure of them' stems from the idea of measuring, of imposing a standard on them or on oneself.</jats:p> <jats:p>Where does the legal norm stem from? There are two main views: the practice theory holds that norms are expressions or articulations of people's behaviour; the interpretive theory holds that norms are not connected to behaviour in the way the practice theory holds but are the means whereby we make sense of such behaviour. But the connection between the two groups is much closer than appears at first sight.</jats:p>

Research paper thumbnail of Rationales for Precedent

Interpreting Precedents, 2016

Research paper thumbnail of Law and Legal Cultures in the 21st Century

Research paper thumbnail of Precedent in the United Kingdom

Research paper thumbnail of The Anxiety of the Jurist

Research paper thumbnail of The End of Law? by T. O'Hacan. Oxford: Blackwells, 1984, 13 pp (hardback £16.50)

Research paper thumbnail of The Decline of Juridical Reason by N. E. Simmonds. Manchester: Manchester University Press, 1984, 133 + (index) 4 pp (hardback £19.50)

Research paper thumbnail of Law as Institutional Normative Order

Research paper thumbnail of Bringing the Outside In

Research paper thumbnail of The Journey of the European Ideal

Research paper thumbnail of The European Union and Its Order

Research paper thumbnail of La teoría de los actos de habla y la teoría de los actos jurídicos

Anuario De Filosofia Del Derecho, 1991

I. INTRODUCCION La teoría de los actos de habla y la teoría de los actos jurídicos* Por NEIL MACC... more I. INTRODUCCION La teoría de los actos de habla y la teoría de los actos jurídicos* Por NEIL MACCORMICK y ZENON BANKOWSKI. Edimburgo * Este trabajo fue editado por vez primera, en versión original francesa, dentro del volumen colectivo que bajo la dirección

Research paper thumbnail of Il giudice e la vita etica del diritto

Research paper thumbnail of Weil, Simone (1909–43)

The Encyclopedia of Political Thought, Sep 15, 2014

Simone Weil was born in Paris in 1909 into a comfortable bourgeois family. She studied philosophy... more Simone Weil was born in Paris in 1909 into a comfortable bourgeois family. She studied philosophy and taught it in schools but was also politically active in left-wing circles. She worked in a car factory for nine months, experiencing the pain of life on the assembly line. She was in the Spanish Civil War in an anarchist unit but had to leave after an accident during training. After Spain she had mystical experiences and developed a theology that placed her very close to Roman Catholicism, though she never joined that church. During World War II she was in the south of France – then escaped to the USA to be with her parents. However, she returned to Europe, to London, working with the Free French. She died of tuberculosis and malnutrition (she had refused to eat more than the rations in France) in Ashford, Kent in 1943. Keywords: ethics; human rights; theology

Research paper thumbnail of Beyond Text: The Arts and the Legal Academy

Research paper thumbnail of Parable and Analogy

Research paper thumbnail of The Law of Love and the Love of Law

Law and Philosophy Library, 2001

Research paper thumbnail of Parable and Analogy: The Universal and Particular in Common Law

Research paper thumbnail of The Moral Imagination and the Legal Life

The Moral Imagination and the Legal Life, 2012

Contents: Introduction, Zenon Bankowski and Maksymilian Del Mar The space to see: law and the eth... more Contents: Introduction, Zenon Bankowski and Maksymilian Del Mar The space to see: law and the ethical imagination, Zenon Bankowski The education of attention and encounter in the legal academy, Maksymilian Del Mar On encountering life and learning with/out the text: reflections on Bankowski and Del Mar, Julian Webb A university is not the world: and nor is its law school, Anthony Bradney 'Associated life': democratic professionalism and the moral imagination, Paul Maharg Challenging the primacy of the text: the role of the visual in legal education, Clare Sandford-Couch Twyla Tharp goes to law school: on the use of the visual and performing arts in professional education, Thomas Wm. Mayo Truth in context: sketching a (new) historicist legal pedagogy, Randy Gordon Performance, pedagogy and law: theatre of the oppressed in the law school classroom, Gillian Calder Index.

Research paper thumbnail of Epistemology and Ontology

The SAGE Dictionary of Sports Studies

Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Ec... more Contents A. van Aaken: Synthesizing the Best of Two Worlds: A Combination of New Institutional Economics and Deliberative Theories D. Coskun: Law as symbolic form. Ernst Cassirer and the anthropocentric view of law L. De Sutter: How to Get Rid of Legal Theory? L. Garcia Ruiz: On the Concept of Law and Its Place in the Legal-Philosophical Research N. Intzessiloglou: Socio-semiotic and socio-cybernetic approaches to legal regulation in an interdisciplinary framework L. Kaehler: The indeterminacy of legal indeterminacy M. Mahlmann: Kant’s Conception of Practical Reason and the Prospects of Mentalism M. Mahlmann / J. Mikhail: Cognitive Science, Ethics and Law t G. Noll: The Exclusionary Construction of Human Rights in International Law and Political Theory C. Peterson: The Concept of Legal Dogmatics: From Fiction to Fact F. Puppo: Law, authority and freedom in Sophocles’ Antigone M. Sandstrom: The Concept of Legal Dogmatics Revisited B. Schafer: Ontological commitment and the concept of “legal system” in comparative law and legal theory S. Schaumburg-Muller: Truth, Law, and Human Rights P. Sommaggio: Boethius’ definition of persona: a fundamental principle of modern legal thought X. Yu: Human Faculties and Human Societies – A Three Dimensional Cultural Epistemology W. Zaluski: The Concept of Kantian Rationality and Game Theory

Research paper thumbnail of Norms, legal

<jats:p>A legal norm sets a standard of behaviour. As a norm, it thus can remain in existen... more <jats:p>A legal norm sets a standard of behaviour. As a norm, it thus can remain in existence even though it is broken. Norms can be distinguished from causal laws which need to be reinterpreted if an exception is found. Linguistic signals help us determine what the norm is. Thus 'ought', 'must', 'shall', 'have to', 'right', 'wrong', 'good', 'bad', and so on, characteristically belong to the statement of norms, whereas words like 'is', 'are', 'were', 'will be' 'possible', 'impossible' tend to show descriptive rules. These linguistic signals reflect a difference, they do not constitute it. There are many counterexamples: thus 'swimming is forbidden' and 'we ought to be at the col now' express normativity and description respectively.</jats:p> <jats:p>Whatever is for someone a standard for their conduct is normative for them. One might say that the idea stems from the notion of measurement. That we 'run the rule' over someone or 'get the measure of them' stems from the idea of measuring, of imposing a standard on them or on oneself.</jats:p> <jats:p>Where does the legal norm stem from? There are two main views: the practice theory holds that norms are expressions or articulations of people's behaviour; the interpretive theory holds that norms are not connected to behaviour in the way the practice theory holds but are the means whereby we make sense of such behaviour. But the connection between the two groups is much closer than appears at first sight.</jats:p>

Research paper thumbnail of Rationales for Precedent

Interpreting Precedents, 2016

Research paper thumbnail of Law and Legal Cultures in the 21st Century

Research paper thumbnail of Precedent in the United Kingdom

Research paper thumbnail of The Anxiety of the Jurist

Research paper thumbnail of The End of Law? by T. O'Hacan. Oxford: Blackwells, 1984, 13 pp (hardback £16.50)

Research paper thumbnail of The Decline of Juridical Reason by N. E. Simmonds. Manchester: Manchester University Press, 1984, 133 + (index) 4 pp (hardback £19.50)

Research paper thumbnail of Law as Institutional Normative Order

Research paper thumbnail of Bringing the Outside In

Research paper thumbnail of The Journey of the European Ideal

Research paper thumbnail of The European Union and Its Order

Research paper thumbnail of La teoría de los actos de habla y la teoría de los actos jurídicos

Anuario De Filosofia Del Derecho, 1991

I. INTRODUCCION La teoría de los actos de habla y la teoría de los actos jurídicos* Por NEIL MACC... more I. INTRODUCCION La teoría de los actos de habla y la teoría de los actos jurídicos* Por NEIL MACCORMICK y ZENON BANKOWSKI. Edimburgo * Este trabajo fue editado por vez primera, en versión original francesa, dentro del volumen colectivo que bajo la dirección

Research paper thumbnail of Il giudice e la vita etica del diritto

Research paper thumbnail of Weil, Simone (1909–43)

The Encyclopedia of Political Thought, Sep 15, 2014

Simone Weil was born in Paris in 1909 into a comfortable bourgeois family. She studied philosophy... more Simone Weil was born in Paris in 1909 into a comfortable bourgeois family. She studied philosophy and taught it in schools but was also politically active in left-wing circles. She worked in a car factory for nine months, experiencing the pain of life on the assembly line. She was in the Spanish Civil War in an anarchist unit but had to leave after an accident during training. After Spain she had mystical experiences and developed a theology that placed her very close to Roman Catholicism, though she never joined that church. During World War II she was in the south of France – then escaped to the USA to be with her parents. However, she returned to Europe, to London, working with the Free French. She died of tuberculosis and malnutrition (she had refused to eat more than the rations in France) in Ashford, Kent in 1943. Keywords: ethics; human rights; theology

Research paper thumbnail of Beyond Text: The Arts and the Legal Academy

Research paper thumbnail of Parable and Analogy