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The Concepts of Law

Concepts are the building blocks of legal doctrine. All legal rules and standards, in fact,
are formed by combining concepts in different ways. But despite their centrality, legal concepts
are not well understood. There is no agreement as to what makes a legal concept useful or
ineffective—worth keeping or in need of revision. Social scientists, however, have developed a
set of criteria for successful concepts. Of these, the most important is measurability: the ability,
at least in principle, to assess a concept with data. In this Essay, we apply the social scientific
criteria to a number of concepts and conceptual relationships in American constitutional law. We
show that this field includes both poor and effective concepts and conceptual links. We also
explain how the examples of poor concepts could be improved.
A common contrast, first articulated in Professor H.L.A. Hart’s classic The Concept of
Law, is between an “external” or social scientific view of law and an “internal” view, which
emphasizes law’s normativity.1 The so-called external view of law, in which law is conceived of
as being essentially predictions about what courts will do, dates back at least to Justice Oliver
Wendell Holmes and arguably to John Austin or Montesquieu.2 The internal view is that adopted
by participants within the legal system, be they judges, litigants, or lawyers, and includes all the
normative and doctrinal considerations that inform legal decisions.
Legal scholarship has moved in an overtly empirical direction in recent years, and,
arguably, there has been some improvement in our external understanding of legal phenomena.3
The technology for making Holmesian predictions has improved dramatically, largely because of
developments in the social sciences. Consequently, the external view has made great strides in
many areas of legal scholarship, and some critics argue that it has eroded attention to the internal
view.4 Yet the two are also closely linked.
In this Essay, we argue that social science can inform an internal view of law by
improving the formation and linkage of legal concepts. The social science literature on
conceptualization and measurement is vast, particularly in political science, psychology, and
sociology.5 Yet its insights have been largely ignored by lawyers, notwithstanding some
similarities to the architecture of legal thought. Law, after all, involves language organized into
concepts, structured in a way that lawyers can deploy them. Concepts are the very bread and
butter of daily life, and, of course, of law as well. Negligence, a taking, promissory estoppel,
strict scrutiny—each of these is a formulation that involves a particular conceptual structure and
helps to shape the way lawyers approach legal problems. Our argument is that examining legal
doctrines with the same rigorous scrutiny that social scientists apply to their own efforts can
yield insights into what is a useful legal concept or relationship. And we further suggest this will
advance efforts at refinement within the law. We deploy several examples from constitutional
law to illustrate our claim, but the implications are more general.
Before proceeding, let us be clear that, notwithstanding the title of our Essay, this is not a
work of jurisprudence. We are not interested, as Hart was, in the concept of law itself.6 We set
aside the question of what law is, as well as the relative roles of natural law or positivist
approaches to that question.7 Rather, we are interested in the way law uses concepts. Although
we have made significant advances in our predictive understanding of judicial behavior, there has
been little effort to apply the same insight to the articulation of the law itself. Our effort provides
an external vantage point from which to assess the law’s conceptual apparatus, which in turn
might inform the law’s normative development.
Note also that we are not grappling with nonlegal concepts that are often deployed within
the law. Obviously, law seeks to advance values, like justice, fairness, or democracy, that are not
themselves inherently legal in character. These values provide benchmarks against which legal
systems can be measured, and might themselves be subjected to social science scrutiny.8 But
these are not themselves legal concepts in our view, even if they are used to motivate legal
intervention.
The Essay is organized as follows. First, we provide a sketch of the social science
literatures on conceptualization and measurement. We emphasize the desiderata of a good social
science concept, one of which is that the concept should in principle be subject to empirical
evaluation. Next, we consider the relationships between concepts, which we argue are a central
feature of the law. At the most basic level, the application of any legal test is assumed to advance
another concept, like justice or deterrence. Internally, within the law, concepts are also building
blocks of legal rules, and can be bundled together in various ways.9 Our argument is that these
links are most useful when empirically verifiable, at least in principle. The next Part provides a
series of examples, drawn primarily from constitutional law, though our claim is more general.
These examples cover both concepts and conceptual relationships, and both poor and effective
cases. We conclude with a brief discussion of implications and extensions.
Reference: https://lawreview.uchicago.edu/publication/concepts-law

The Concept of Art


Concept art is a form of illustration used to convey an idea for use in films, video games,
animation, comic books, or other media before it is put into the final product. Concept art usually
refers to world-building artwork used to inspire the development of media products, and is not
the same as visual development art or concept design, though all three are often confused.
Concept art is developed through several iterations. Multiple solutions are explored
before settling on the final design. Concept art is not only used to develop the work, but also to
show the project's progress to directors, clients and investors. Once the development of the work
is complete, concept art may be reworked and used for advertising materials.
Reference: https://en.wikipedia.org/wiki/Concept_art

The Concept of Business


An idea for a business that includes basic information such as the service or product, the
target demographic, and a unique selling proposition that gives a company an advantage over
competitors. A business concept may involve a new product or simply a novel approach to
marketing or delivering an existing product. Once a concept is developed, it is incorporated into
a business plan.
Reference: http://www.businessdictionary.com/definition/business-concept.html

The concept of philosophy


Traditionally, the term "philosophy" referred to any body of knowledge.[17][29] In this sense,
philosophy is closely related to religion, mathematics, natural science, education and politics.
Newton's 1687 Mathematical Principles of Natural Philosophy is classified in the 2000s as a
book of physics; he used the term "natural philosophy" because it used to encompass disciplines
that later became associated with sciences such as astronomy, medicine and physics.[18]
In the first part of the first book of his Academics, Cicero introduced the division of philosophy
into logic, physics, and ethics. He was copying Epicurus' division of his doctrine into canon,
physics, and ethics. In section thirteen of the first book of his Lives and Opinions of the Eminent
Philosophers, the 3rd-century Diogenes Laërtius, the first historian of philosophy, established the
traditional division of philosophical inquiry into three parts:
Natural philosophy ("physics," from ta physika, "things having to do with nature (physis)" was
the study of the constitution and processes of transformation in the physical world;
Moral philosophy ("ethics," from êthika, literally, "having to do with character, disposition,
manners") was the study of goodness, right and wrong, justice and virtue.
Metaphysical philosophy ("logic") was the study of existence, causation, God, logic, forms and
other abstract objects ("meta ta physika" lit: "After [the book] the Physics").[30]
This division is not obsolete but has changed. Natural philosophy has split into the various
natural sciences, especially astronomy, physics, chemistry, biology, and cosmology. Moral
philosophy has birthed the social sciences, but still includes value theory (including aesthetics,
ethics, political philosophy, etc.). Metaphysical philosophy has birthed formal sciences such as
logic, mathematics and philosophy of science, but still includes epistemology, cosmology and
others.
Reference: https://en.wikipedia.org/wiki/Philosophy

The concept of Religion


Religion is a cultural system of designated behaviors and practices, morals, worldviews, texts,
sanctified places, prophecies, ethics, or organizations, that relates humanity to supernatural,
transcendental, or spiritual elements. However, there is no scholarly consensus over what
precisely constitutes a religion.[1][2]
Different religions may or may not contain various elements ranging from the divine[3], sacred
things[4], faith,[5] a supernatural being or supernatural beings[6] or "some sort of ultimacy and
transcendence that will provide norms and power for the rest of life".[7] Religious practices may
include rituals, sermons, commemoration or veneration (of deities), sacrifices, festivals, feasts,
trances, initiations, funerary services, matrimonial services, meditation, prayer, music, art, dance,
public service, or other aspects of human culture. Religions have sacred histories and narratives,
which may be preserved in sacred scriptures, and symbols and holy places, that aim mostly to
give a meaning to life. Religions may contain symbolic stories, which are sometimes said by
followers to be true, that have the side purpose of explaining the origin of life, the universe, and
other things. Traditionally, faith, in addition to reason, has been considered a source of religious
beliefs.[8]
There are an estimated 10,000 distinct religions worldwide,[9] but about 84% of the world's
population is affiliated with one of the five largest religion groups, namely Christianity, Islam,
Hinduism, Buddhism or forms of folk religion.[10] The religiously unaffiliated demographic
includes those who do not identify with any particular religion, atheists, and agnostics. While the
religiously unaffiliated have grown globally, many of the religiously unaffiliated still have
various religious beliefs.[11]
The study of religion encompasses a wide variety of academic disciplines, including theology,
comparative religion and social scientific studies. Theories of religion offer various explanations
for the origins and workings of religion, including the ontological foundations of religious being
and belief.[12]
Reference: https://en.wikipedia.org/wiki/Religion

The concept of Politics


The expression “political concepts” refers to concepts essential to any serious reflection on
political life. This includes authority, democracy, equality, freedom, justice, power, and further
concepts that represent fundamental political values and principles. However, political concepts
are political in a double sense: they refer to some central idea or issue of great political
relevance, but the meanings of these concepts are also topics of perpetual debate. Political
concepts are not simply used to describe political life, but constitute significant sites of political
disagreement.
Reference: https://www.academia.edu/8546346/Political_Concepts

The concept of Science


Science (from the Latin word scientia, meaning "knowledge")[1] is a systematic enterprise that
builds and organizes knowledge in the form of testable explanations and predictions about the
universe.[2][3][4]
The earliest roots of science can be traced to Ancient Egypt and Mesopotamia in around 3500 to
3000 BCE.[5][6] Their contributions to mathematics, astronomy, and medicine entered and
shaped Greek natural philosophy of classical antiquity, whereby formal attempts were made to
provide explanations of events in the physical world based on natural causes.[5][6] After the fall
of the Western Roman Empire, knowledge of Greek conceptions of the world deteriorated in
Western Europe during the early centuries (400 to 1000 CE) of the Middle Ages[7] but was
preserved in the Muslim world during the Islamic Golden Age.[8] The recovery and assimilation
of Greek works and Islamic inquiries into Western Europe from the 10th to 13th century revived
"natural philosophy",[7][9] which was later transformed by the Scientific Revolution that began
in the 16th century[10] as new ideas and discoveries departed from previous Greek conceptions
and traditions.[11][12][13][14] The scientific method soon played a greater role in knowledge
creation and it was not until the 19th century that many of the institutional and professional
features of science began to take shape;[15][16][17] along with the changing of "natural
philosophy" to "natural science."[18]
Modern science is typically divided into three major branches that consist of the natural sciences
(e.g., biology, chemistry, and physics), which study nature in the broadest sense; the social
sciences (e.g., economics, psychology, and sociology), which study individuals and societies;
and the formal sciences (e.g., logic, mathematics, and theoretical computer science), which study
abstract concepts. There is disagreement,[19][20] however, on whether the formal sciences
actually constitute a science as they do not rely on empirical evidence.[21] Disciplines that use
existing scientific knowledge for practical purposes, such as engineering and medicine, are
described as applied sciences.[22][23][24][25]
Science is based on research, which is commonly conducted in academic and research
institutions as well as in government agencies and companies. The practical impact of scientific
research has led to the emergence of science policies that seek to influence the scientific
enterprise by prioritizing the development of commercial products, armaments, health care, and
environmental protection.
Reference: https://en.wikipedia.org/wiki/Science

The Concept of Sports


Historical Review
Physical activities were always a part of human leisure activity. Those that held first place among
primitive people were activities of warlike nature and of hunting. In time of peace, dance and
recreational pastimes took place. The ancient Greeks admired the beauty of human body, and the
Romans loved military and gladiatorial games and professional exhibitions. The Middle Ages
were famous for their knight tournaments and religious festivals.
What does SPORT mean nowadays?

Definition of sport used in the dictionary says: SPORT is an outdoor or indoor game,
competition, or activity needing physical effort and skill and usually carried on according to
rules.
Some people say that sport is a physical activity governed by rules and played by individuals
seeking to outperform opponents, while others can understand sport as organized spontaneous
exercises or games, or as a competitive or non-competitive process through which an individual
obtains physical skills, mental relaxation and bodily fitness.
Sport gives people enjoyment, happiness, friendship, satisfaction, health, fitness, popularity,
recognition, the feeling of victory and success, but on the other hand, it may be boring, cause
sadness, sorrow, disappointment, fatigue, exhaustion, injuries, illness, and in some cases even
death.
CATEGORIZATION OF SPORT
Sport can be categorized from various standpoints. We can distinguish various categories in sport
activities according to:
the purpose, aim or objective of the sport: 1) recreational sport/ sport for all, competitive sport,
elite sport/ top performance sport, 2) amateur sport, professional sport
the sport facility or environment used: e.g. indoor sports, outdoor sports, water sports,
underwater sports, aquatics, air sports, sports on the ice, track and field events in athletics, street
sports, school sport
the equipment or gear used: e.g. racquet sports/ games, technical sports, motor sports, cycling
sports, skiing sports, para sports, ball games, goal games, equestrian (horse riding), shooting
sports
the abilities and health of participants: sport for the disabled
the number of participants: individual sport, team sport
the sex (gender) of participants: men’s/ male sport, women’s/ female sport
the age of participants: sport of children, junior sport, senior sport, sport of veterans
the participants’ approach to sport: active sport, passive sport (spectators)
the required courage, physical exertion and highly specialized gear: extreme sports, action sports,
adrenaline sports
the usual, typical or prevailing season of practising the sport: summer sports, winter sports, all-
season sports
the regional criteria: local sport, regional sport, national sport, traditional sport, Olympic sport,
worldwide/ global sports
the importance, popularity and publicity in media: major sports, minor sports
the way of performance: contact sports, combat sports, Martial arts
ACTIVE AND PASSIVE SPORT
Besides taking an active part in sport, it is also possible just to watch sport events as a spectator
or TV watcher, or to play the pools, which means to bet money on certain sport results. Passive
sport is also important because spectators and fans can encourage sportsmen and players and
help improve so their performance. Spectators can be one of the income sources for sport clubs
too. However, there are many problems with different groups of fans who arrive at stadiums,
especially those that support particular football clubs. Some groups are called e.g. Hooligans.
Active sport is either recreational or competitive and top performance.
RECREATIONAL, COMPETITIVE AND ELITE SPORT
Recreational sport is also called sport for all and is done for various purposes, but mainly for fun
and entertainment in leisure time. An increasing number of people are becoming health-
conscious and do recreational sport activities and various keep-fit exercises to maintain or
improve their physical as well as mental fitness and health, to affect their flexibility, to
strengthen their muscles and shape the body, to delay ageing symptoms, etc. Some people desire
to learn new skills or experience new feelings through sport activities. Some people might have
social reasons for their participation in sport including the need of integration, friendship, team
work, support, recognition etc.
Competitive sport is done mainly for performance, for achieving good results in competitions,
defeating opponents and becoming the winner or record holder. People who do competitive sport
train hard and regularly and participate in various forms of competition. They are organised and
belong to different sport teams, clubs, associations or federations. The highest level of
competitive sport is elite sport (top performance sport). Elite athletes must sacrifice almost
everything to their sport. It lasts many years to become an excellent sportsman. Such a process
means years of hard everyday training, effort and drudgery, years of pain and stress as well.
Financial and social background is a necessity. Elite athletes are often professionals who make
living through sport. They follow principles of sport training to make progress, including various
regeneration programmes. The elite sport is linked with a serious problem – doping, the use of
illegal substances to improve performance.
AMATEUR AND PROFESSIONAL SPORT
Amateur sportsmen take part in sport because of the enjoyment and satisfaction gained from the
activity. They train and compete in their leisure time, usually after work or at weekends. They are
not paid for that.
Professional sport is a paid form of participation in sport events. Professional athletes make
living through sport, do sport as a job, are paid to compete in sport. Winning and success are the
most important things. The more successful professionals are the more money they earn. They
usually train full-time and devote themselves to their sport. They sign contracts with different
organisations or firms, have to train properly, participate in competitions, promote the employer
or his/her products, take part in press conferences, advertising campaigns, etc.
The international governing bodies of each sport draw up rules to decide who is amateur in their
sport. They decide if professionals may compete with amateurs.
SPORT COMPETITION
It is an organized sport event in which participants – competitors want to become winners, strive
to achieve the best possible results, to show an excellent performance, to beat opponents, to set
or break records, or want to test their abilities and skills and compare them with those of the
other competitors. Those who enter for a competition are obliged to keep (observe) the rules.
Breaking (violating) the rules is penalized or punished in various ways.
Officials are people who conduct competitions, assess performances of competitors, referee
games, decide the result of a competition. They are called different names, such as referees,
judges, or umpires. The referee is used in connection with e.g. basketball, boxing, football,
hockey, rugby, squash, and wrestling. The umpire acts in badminton, baseball, cricket,
swimming, tennis, and volleyball. There is a panel of judges in sports like gymnastics or figure
skating.
Competitions have various forms with respect to particular sport areas. We speak about races in
athletics, cycling or skiing, players and teams play matches, participate in tournaments, leagues,
or cups, horse riders or motor-bikers have their trophies, motor racers compete in rallies,
windsurfers, yachtsmen and rowmen take part in regattas, boxers fight in bouts, the name combat
or contest is used in some combat sports, etc. Major competitions are called championships.
SCHOOL PHYSICAL EDUCATION AND SPORT
Physical Education (PE) was derived from the Latin words “physica”, physics, and “educatio”,
education, meaning the training of the bodily organs and powers with a view to the promotion of
health and vigour.
The Article One of the UNESCO International Charter of Physical Education and Sports says
that freedom to develop physical, intellectual and moral powers through physical education and
sport must be guaranteed both within the educational system and in other aspects of social life.
The main goals that the PE program should strive to accomplish concern four areas. The PE
curriculum should 1) develop health-related and motor performance-related fitness, 2) develop
skill in activities, 3) develop an understanding and appreciation of physical activity, and 4)
provide a meaningful psycho-social experience.
Factors that influence PE program development:
the community,
state legislation,
research,
professional organizations,
attitudes of managers, school or faculty, students, and consumers,
facilities and equipment,
scheduling classes,
class size,
physical education and coaching staff,
climate and geographical considerations,
social forces,
economic issues.
Reference:
http://web.ftvs.cuni.cz/eknihy/jazyky/sportstudiesfundamentalterminologyinenglish/Texts/2-
Concept.html

The Concept of Tech VOC

Technical-Vocational-Livelihood track will equip you with job-ready skills in the future.
This track also invests primarily on skills that can gain you requisite COCs (Certificates of
Competency) and NCs (National Certifications) which would be essential when looking for
better career opportunities in agriculture, electronics, and trade. This is also important when
applying abroad where the skills you gain would prepare you as you join the workforce.
Also, according to the Department of Education, the TVL specializations may be taken between
Grades 9 to 12. Exploratory Subjects at 40 hours per quarter are taken during Grades 7 to 8.
Just like in the Academic Track, there are four strands you can choose from to make sure that
you will go with your right fit.

Reference: https://www.edukasyon.ph/courses/senior-high-tracks/tvl

The Concept of Home Economics

Home economics, domestic science or home science is a field of study[1] that deals with the
relationship between individuals, families, communities, and the environment in which they live.
Home economics courses are offered internationally and across multiple educational levels.
Home economics courses have been important throughout history because it gave women the
opportunity to pursue higher education and vocational training in a world where only men were
able to learn in such environments. In modern times, home economics teaches both men and
women important life skills, such as cooking, sewing, and finances. With the stigma the term
“home economics” has earned over the years, the course is now often referred to by different
terms, such as “family and consumer science.” [2]

Reference: https://en.wikipedia.org/wiki/Home_economics

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