By focusing on the practice of constitutional courts this paper aims to present a qualitative-analytical tool which could contribute to a better (self-)understanding and evaluation of constitutional adjudication. Since the specific nature and the very existence of constitutional review necessitates an a priori reflection on the legitimacy, exact function and role of constitutional courts within the democratic system, a multidimensional model of democracy might give some insight into the theoretical background of the court’s decisions in this respect. This level of analysis focuses simply on the question of which ideal type of democracy might be inherent or envisioned in decisions taken by judges of constitutional courts.
The article is the second part of an analysis that seeks to clarify the distinctive normativity of law, as it is reflected in the legal systems of constitutional democracies. It explores the ability of interpretive theories to capture the conceptual characteristics of the normativity of law. The article argues that it is its institutional character that makes the normativity of law distinctive. The normativity of law must be construed as a form of institutional normativity. The analysis of the institutional character of legal norms revolves around the idea of obligations. It implies that the distinctive normativity of law builds on normative guidance by authoritative institutions. The ability of the law to provide normative guidance is explained in terms of three types of reasons: moral reasons, compliance reasons and response reasons. An implication of this insight is that moral legitimacy is constitutive of the normativity of law. The article concludes with an exploration of the dimensions of moral legitimacy in law, and the way the interplay of the justificatory background to normative claims and the institutional features of law make false normativity in law possible.
Publication and citation indicators of groups are thought to enhance the quality and legitimacy of science policy decisions. While these indicators might be of value from a policy pont of view, the relation between these cumulative data and the local circumstances that influence the development of scientific knowledge has not been explored extensively. In this paper it is argued that publication and citation patterns related to research units are influenced by local circumstances. Toxicology is chosen as an example because it is directed at solving social problems and relates to local practices. In this paper, output indicatiors of Dutch toxicological research units are related to qualitative information on the strategies of these units. it can be shown that the variation in output and citation indicators can be explained in terms of local variations in context. Such variations in local organizational settings should caution against the application of scientometric studies to measure impact as an indicator of scientific quality.
How far can canon and language be sources of (dis)continuity in literary history? Continuity and discontinuity are concepts of such complexity that only philosophers can hope to make a successful attempt to define them in general terms. All I can offer is a tentative analysis of their significance for literary history. Since even such an investigation would ask for a lengthy treatment if conducted on an abstract level, I shall limit myself to reflections on how continuity and discontinuity are related to the concepts of canon and language. In the second half of my paper a personified abstraction called nation will also be introduced with the intention of making some remarks on the legitimacy of the terms national and world literature. The essay also raises the question of whether it is possible to write literary history in a postmodern world.
This paper introduces how the colonial intervention in Korea by Japan – another Asian nation – has changed and formed the discussion about art and art history in Korea, and shows the impact of this colonial scholarship on recent studies in Korean art history. If we look at art histories written during the Colonial Period (1910–1945) we can trace several different attitudes. The Japanese funding and organization of many important archeological excavations on the territory of Korea was used to advance the legitimacy and of control over the peninsula, which was quite different from the efforts of Koreans to invent their own histories. The Japanese interest in Korean folk culture is also an important aspect of writing about Korean art and its impact and influence is still present in contemporary Korea.
The paper examines the applicability of informetric methods to trace the pattern of debate about the three main critical issues of the modern Welfare State in Denmark: economic aspects, legitimacy and functionality. The methodology of issue tracking is used to follow the developments of these issues in periods through national databases of various types covering information about the research, implementation, press and legislation aspects. The approach taken is novel in that it implements and tests issue tracking in this area of social sciences, and tries to reduce subjectivity in the analysis of trends influencing social policy and public opinion. The study aims to show how the emerging data and text mining techniques can be applied to integrate downloaded bibliographic data with other types of information in a strategic mix.
The aim of the article is to outline the ongoing changes in the structure of secondary and higher education in Hungary. The change of regime induced definitive processes on both educational levels, enabled the irreversible expansion of higher education and the diversification of higher level training, which had serious impacts on secondary level vocational education. The author sketches the institutional, structural and legitimacy crises of which vocational training system has been suffering since 1990. Comparing with foreign models and based on data of the graduates' qualification structure, he formulates proposals aiming at reaching a respectable balance between secondary and higher level vocational training, replacing the present “competition model” with a “pedagogical model for development”.
The first chronicles of Central Europe were written in the beginning of 12th century. The authors of these chronicles lived in the courts of the princes or kings, and wrote their chronicle to support the idea of princely or royal courts about their own legitimacy. They used also the dynastic myths and some elements from the general tradition of the community about the past (oral history). They wrote differently about the origins, but there were common in the adaptation of the stories from the Bibles. The article focuses on the question how the Christian chroniclers wrote the pagan past; how the negative attitude to the pagan habits was mixed with the glorious events of the community in the pagan past.
The so-called holy crown of Hungary has been one of the most important elements in early modern Hungarian political thought, which resulted in countless images from medieval till modern times. This article treats the connection between the various crown images and descriptions of the exterior of the crown and the change of the political meaning of the crown between 1572 and 1665. Using a constructivist method of research, an attempt is made to answer the question of how the crown was depicted in art, what was the function and meaning of this depiction, how this image and function of the crown changed, and how this change can be explained. The focus of the author is on the political developments around 1608 in Hungary, in which the crown, its meaning and image played a dominant role. The function of the crown changed between 1572 and 1608 from a symbol of legitimacy of royal Habsburg power to that of the political claims of the estates of the Kingdom of Hungary. This can be observed in the work of István Illésházy, Elias Berger, János Jessenius, Lucas Kilian, Wolfgang Kilian, Péter Révay, Christoph Lackner, Márton Schödel, Hieronymus Ortelius and others. The change of use, image and meaning of the crown can be explained by the “visual turn”, which according to Peter Burke occurred in the beginning of the 17th century. The attention of historians of that period was drawn to artefacts and images of the past which were used as sources of political legitimacy and incorporated in political thought. The change of the image and meaning of the crown in Hungary was thus a part of a European development in the history of art and political thought.