The Jurisprudence of Robert Alexy
Author: Matthias Klatt
Publisher: OUP Oxford
This volume gathers leading figures from legal philosophy and constitutional theory to offer a critical examination of the work of Robert Alexy. The contributions explore the issues surrounding the complex relations between rights, law, and morality and reflect on Alexy's distinctive work on these issues. The focus across the contributions is on Alexy's main pre-occupations - his anti-positivist views on the nature of law, his approach to the nature of legal reasoning, and his understanding of constitutional rights as legal principles. In an extended response to the contributions in the volume, Alexy develops his views on these central issues. The volume's juxtaposition of Anglo-American and German perspectives brings into focus the differences as well as the prospect of cross-fertilization between Continental and Anglo-American work in jurisprudence.
Entwickelt anhand der Jurisdiktionskonflikte im europäischen Grundrechtsschutz
Author: Matthias Klatt
Publisher: Mohr Siebeck
English summary: Jurisdictional conflicts are ubiquitous in multi-level systems, especially in a globalized world. For the first time, Matthias Klass conceives of jurisdictional competences not as policies but as principles. Based on the main idea of a practical concordance of jurisdictions, Klass analyses the jurisdictional conflicts in European protection of fundamental rights and through a new typology of these conflicts, he is able to present a theory of formal principle which extends the initial approaches of principles theory established by Robert Alexy. With help from this new method, the author formulates an assessment model of jurisdiction which advocates for a middle-way between rigid hierarchies and appeals in judicial reserve. A flexible solution is presented, which simply provides a detailed observation and develops normative guidelines. A vigorous plea for a pluralistic constitutionalism is deployed against a skeptical pluralism. German description: Kompetenzkonflikte sind in Mehrebenensystemen allgegenwartig, zumal in einer globalisierten Welt. Erstmalig begreift Matthias Klatt Kompetenzen nicht als Regeln, sondern als Prinzipien. Anhand der Leitidee einer praktischen Konkordanz von Kompetenzen analysiert er die Jurisdiktionskonflikte im europaischen Grundrechtsschutz. Neben einer neuen Typologie dieser Konflikte wird eine Theorie formeller Prinzipien vorgelegt, die Ansatze in der von Alexy begrundeten Prinzipientheorie weiterentwickelt. Mit ihrer Hilfe formuliert der Autor ein Abwagungsmodell der Kompetenz. Dieses verteidigt einen Mittelweg zwischen starren Hierarchien und Appellen an richterliche Zuruckhaltung. Damit wird eine flexible Losung prasentiert, die anders als bloss beschreibende Beobachtungen normative Leitlinien entwickelt. Gegen einen skeptischen Pluralismus wird ein kraftvolles Pladoyer fur einen pluralistischen Konstitutionalismus entfaltet.
Author: Darrow Schecter
Publisher: Bloomsbury Publishing USA
Category: Political Science
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.
Eine rechtsempirische Studie verfassungsgerichtlicher Rechtsprechung zu den Freiheitsgrundrechten
Author: Niels Petersen
Publisher: Mohr Siebeck
Verfassungsgerichtsbarkeit befindet sich auf der Schnittstelle zwischen Recht und Politik. Vielen Verfassungsgerichten wird der Vorwurf gemacht, politischen Aktivismus zu betreiben. Als eines der Hauptinstrumente eines solchen verfassungsgerichtlichen Aktivismus wird - zumindest in der deutschen Diskussion - die Abwagung im Rahmen der Verhaltnismassigkeit ausgemacht. Diese sei juristisch nicht rationalisierbar und eroffne Verfassungsrichtern daher politische Handlungsspielraume. Niels Petersen spurt dieser These nach. Zu diesem Zweck unterzieht er die Rechtsprechung des Bundesverfassungsgerichts, des sudafrikanischen Verfassungsgerichts und des kanadischen Supreme Court einer empirischen Untersuchung. Er kommt zu dem Ergebnis, dass die untersuchten Gerichte neben dogmatischen auch institutionellen Schranken unterliegen und sich daher bei der Abwagung eher zuruckhalten. Verhaltnismassigkeit wird vielmehr als Instrument zur Rationalitatskontrolle des Gesetzgebers ve rstanden.
Selected Essays of Daya Krishna
Author: Daya Krishna
Publisher: Oxford University Press
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.
Insanity in Medicine and Literature
Author: Allen Thiher
Publisher: University of Michigan Press
"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.
Author: Edward Grant
Publisher: Cambridge University Press
This book shows how the Age of Reason actually began during the late Middle Ages.
Author: Elke Cloots
Publisher: OUP Oxford
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.
A Geopolitical Prehistory of J-Pop
Author: Michael Bourdaghs
Publisher: Columbia University Press
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.
Author: David Steigerwald
Publisher: Cornell University Press
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.
Repetition, Deconstruction, and the Hermeneutic Project
Author: John D. Caputo
"This is a remarkable book: wide-ranging, resonant, and well-written; it is also reflective and personable, warm and engaging." -- Philosophy and Literature "With this book Caputo takes his place firmly as the foremost American, continental post-modernist... " -- International Philosophical Quarterly "One cannot but be impressed by the scope of Radical Hermeneutics." -- Man and World "Caputo's study is stunning in its scope and scholarship." -- Robert E. Lauder, St. John's University, The Thomist For John D. Caputo, hermeneutics means radical thinking without transcendental justification: attending to the ruptures and irregularities in existence before the metaphysics of presence has a chance to smooth them over. Radical Hermeneutics forges a closer collaboration between hermeneutics and deconstruction than has previously been attempted.
Behavioral Science & Aging
Author: K. Warner Schaie, PhD
Publisher: Springer Publishing Company
ìOverall this issue is well organized and informative, a welcome addition to research literature available in the field of aging.î - Educational Gerontology: Learning Resources
The Hypocrisy of Democracy-Through-Market
Author: Hagen Schulz-Forberg,Bo Stråth
First published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.
Søren Kierkegaard's ethics of responsibility
Author: Mark Dooley
Publisher: Fordham Univ Pr
In The Politics of Exodus, Mark Dooley offers a lively interpretation of Kierkegaard as a precursor of the ethical and political insights of Jacques Derrida. While many connections have been forged in recent years between these two quintessentially "Continental" figures, Dooley's book argues that these affiliations run much deeper than any previous commentators have suggested. Indeed, his most controversial claim is that Kierkegaard is anything but a proponent of asocial individualism, but is one whose writings bear witness to the notion of an "open quasi-community" which has driven much of Derrida's work over the past decade. In vigorously challenging conventional wisdom surrounding the place of Kierkegaard in contemporary thought and political theory, Dooley shows how powerfully postmodern and politically charged the latter's specifically 'religious' ideas are. As such, Kierkegaard ought to be read as someone who anticipated Derrida's claim that genuine responsibility in the political sphere depends upon a phophetic call for justice on behalf of the least among us. will appeal to anyone interested in the intersection of religion and postmodernism, as well as to those with interests in ethics and politics from a Continental perspective. It will undoubtedly change the way we read Kierkegaard in the new millennium.
Realizing the Political Potential of Critical Social Theory
Author: Charles Masquelier
Publisher: Bloomsbury Publishing USA
This volume in the Critical Theory and Contemporary Society series examines the role critical theory plays in today's political, social, and economic crises, showing how it can help to both diagnose and remedy such problems. Critical social theory is first revisited by exposing the affinity between Marx's critique of political economy, the critique of instrumental reason elaborated by the first generation of the Frankfurt School, and the libertarian socialism of G.D.H. Cole. This is followed by a proposal for a radical reorganization of economic and political life and the corresponding development of emancipatory practices presupposing the reconciliation of humanity and nature. Lastly, the contemporary relevance of these institutions and practices are discussed, along with cases of contemporary forms of resistance, such as the Occupy Movement and alter-globalisation. By bringing together the concerns of critical theory and libertarian socialism, this volume not only illustrates the practical side of critical theory, but also highlights its contemporary relevance. Researchers in political theory, social theory and political philosophy will find this an engaging work that will stimulate debates about new alternatives to existing problems.