This volume brings together leading figures from Anglo-American and German legal philosophy and constitutional theory to examine themes from the influential work of Robert Alexy. The topics covered include the nature of law and legal reasoning, and the nature of constitutional rights.
What different kinds of reason are possible, and which ones are the most appropriate for a legitimate, as opposed to a merely legitimated state?The book opens with an analysis of Weber as a figure who marks a key moment of sociological transition. Weber articulates a distinctly different view to Enlightenment thinkers who believe in the capacity of reason to improve society and emancipate humanity from ignorance and domination. Weber signals that the institutionalization of the instrumental reason particular to industrial society might actually be an effective tool in the struggle for social supremacy. He notes that in comparison with charismatic and traditional legitimation, modern forms of legal-rational legitimation are de-personalised, anonymously bureaucratic, and much more difficult to combat.The book then looks at various responses to Weber's diagnosis, from Lukács and Benjamin to Horkheimer, Adorno, Heidegger, Arendt, Simmel, Foucault and Habermas. The study culminates with a sociological reading of critical theory that draws together Adorno's concept of non-identity with Habermas on communicative reason and Luhmann on social complexity and differentiation.
John Finnis is a pioneer in the development of a new yet classically-grounded theory of natural law. His work offers a systematic philosophy of practical reasoning and moral choosing that addresses the great questions of the rational foundations of ethical judgments, the identification of moral norms, human agency, and the freedom of the will, personal identity, the common good, the role and functions of law, the meaning of justice, and the relationship of morality and politics to religion and the life of faith. The core of Finnis' theory, articulated in his seminal work Natural Law and Natural Rights, has profoundly influenced later work in the philosophy of law and moral and political philosophy, while his contributions to the ethical debates surrounding nuclear deterrence, abortion, euthanasia, sexual morality, and religious freedom have powerfully demonstrated the practical implications of his natural law theory. This volume, which gathers eminent moral, legal, and political philosophers, and theologians to engage with John Finnis' work, offers the first sustained, critical study of Finnis' contribution across the range of disciplines in which rational and morally upright choosing is a central concern. It includes a substantial response from Finnis himself, in which he comments on each of their 27 essays and defends and develops his ideas and arguments.
Daya Krishna (1924-2007) was easily the most creative and original Indian philosopher of the second half of the 20th century. His thought and philosophical energy dominated academic Indian philosophy and determined the nature of the engagement of Indian philosophy with Western philosophy during that period. He passed away recently, leaving behind an enormous corpus of published work on a wide range of philosophical topics, as well as a great deal of incomplete, nearly-complete and complete-but-as-yet-unpublished work. Daya Krishna's thought and publications address a broad range of philosophical issues, including issues of global philosophical importance that transcend considerations of particular traditions; issues particular to Indian philosophy; and issues at the intersection of Indian and Western philosophy, especially questions about the philosophy of language and ontology that emerge in the context of his Samvada project that brought together Western philosophers and Nyaya pandits to discuss questions in the philosophy of language and metaphysics. The volume editors have organized the volume as a set of ten couplets and triplets. Each draws together papers from different periods in Daya Krishna's life: some take different approaches to the same problem or text; in some cases, the second paper references and takes issue with arguments developed in the first; in still others, Daya Krishna addresses very different topics, but using the same distinctive philosophical methodology. Each set is introduced by one of the editors. These couplets are framed by two of Daya Krishna's finest metaphilosophical essays, one that introduces his approach, and one that draws some of his grand morals about the discipline. Daya Krishna's daughter, Professor Shail Mayaram of the Center for the Study of Developing Societies contributes a preface, and Professor Arindam Chakrabarti, a longtime colleague of Daya Krisha and a collaborator on some of his most important philosophical ventures has written the introduction.
"The scope of this book is daunting, ranging from madness in the ancient Greco-Roman world, to Christianized concepts of medieval folly, through the writings of early modern authors such as Shakespeare, Cervantes, and Descartes, and on to German Romantic philosophy, fin de siecle French poetry, and Freud . . . Artaud, Duras, and Plath."-Isis"This provocative and closely argued work will reward many readers."-ChoiceIn Revels in Madness, Allen Thiher surveys a remarkable range of writers as he shows how conceptions of madness in literature have reflected the cultural assumptions of their era, and emphasizes the transition from classical to modern theories of madness-a transition that began at the end of the Enlightenment and culminates in recent women's writing that challenges the postmodern understanding of madness as a fall from language or as a dysfunction of culture.
Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.
From the beginning of the American Occupation in 1945 to the post-bubble period of the early 1990s, popular music provided Japanese listeners with a much-needed release, channeling their desires, fears, and frustrations into a pleasurable and fluid art. Pop music allowed Japanese artists and audiences to assume various identities, reflecting the country's uncomfortable position under American hegemony and its uncertainty within ever-shifting geopolitical realities. In the first English-language study of this phenomenon, Michael K. Bourdaghs considers genres as diverse as boogie-woogie, rockabilly, enka, 1960s rock and roll, 1970s new music, folk, and techno-pop. Reading these forms and their cultural import through music, literary, and cultural theory, he introduces readers to the sensual moods and meanings of modern Japan. As he unpacks the complexities of popular music production and consumption, Bourdaghs interprets Japan as it worked through (or tried to forget) its imperial past. These efforts grew even murkier as Japanese pop migrated to the nation's former colonies. In postwar Japan, pop music both accelerated and protested the commodification of everyday life, challenged and reproduced gender hierarchies, and insisted on the uniqueness of a national culture, even as it participated in an increasingly integrated global marketplace. Each chapter in Sayonara Amerika, Sayonara Nippon examines a single genre through a particular theoretical lens: the relation of music to liberation; the influence of cultural mapping on musical appreciation; the role of translation in transmitting musical genres around the globe; the place of noise in music and its relation to historical change; the tenuous connection between ideologies of authenticity and imitation; the link between commercial success and artistic integrity; and the function of melodrama. Bourdaghs concludes with a look at recent Japanese pop music culture.
Essays in Epistemology, Hermeneutics and Jurisprudence
Author: P.J. Nerhot
Publisher: Springer Science & Business Media
PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
David Steigerwald chronicles the legacy of Wilsonian idealism from its emergence during World War I through its recent resurgence during Desert Storm. The first history of this central strain of thought in modern American politics, Steigerwald's wide-ranging account encompasses the careers of many prominent twentieth-century political figures and thinkers, including Walter Lippmann, Elihu Root, Newton D. Baker, Raymond Fosdick, Adlai Stevenson, Daniel Patrick Moynihan, Theodore Lowi, and Francis Fukuyama. At the beginning of the twentieth century, massive cultural and political pressures threatened to undermine the liberal tradition by dissolving faith in human reason. A group of moderate thinkers attempting to salvage that faith rallied behind Woodrow Wilson's conception of world order. Through the American internationalist movement, these Wilsonian liberals defended the proposition that decisions based on enlightened self-interest would lead to political harmony, and they strove to institutionalize their principles through the formation of the League of Nations. As he traces the fate of universal ideals through American political thought, Steigerwald describes how the Wilsonians remained committed to the free market in the face of war and depression and continued to oppose interest groups in spite of the emergence of mass politics. In addition to demonstrating the capacity of Wilsonianism for regeneration and sustained influence, Steigerwald reveals the ironies that have attended its persistence across the century. Throughout some of the most horrendous events in history, he shows, Wilsonian idealism adhered to fundamental beliefs in international rule of law and in the beneficence of technological progress and liberal capitalism.