The correctness of application of orientalist discourse of E. Said to the colonial policy of the Russian Empire is analyzed in the article on the example of P. I. Rychkov research. By studying integration of Bashkirs in the structure of the Russian state, the author came to the conclusion that Russia’s policy in the East was based on the experience of the management of non-Russian peoples, which was developed in the 16-17th centuries. The establishment of ‘cultural distance‘ is typical only (...) for a small group of educated administrators of past-Petrine era. Most of the officials of the region, as in the preceding period, and during the time of Rychkov and Tatishchev preferred to rely on traditional methods of Bashkir management, which was developed in the period of their voluntary accession. Managerial stereotypes of 16-17th centuries, had significant influence on policy towards South-Eastern peoples of Russia even in the 19th century. The Russian administration inherent in the desire to integrate the non-Russian peoples in the General class structure of the state on the basis of analogies or correspondences, the objective of which was social and cultural rapprochement of the two societies. (shrink)

The field of psychology, including cognitive science, is vexed by a crisis of confidence. Although the causes and solutions are varied, we focus here on a common logical problem in inference. The default mode of inference is significance testing, which has a free lunch property where researchers need not make detailed assumptions about the alternative to test the null hypothesis. We present the argument that there is no free lunch; that is, valid testing requires that researchers test the null against (...) a well-specified alternative. We show how this requirement follows from the basic tenets of conventional and Bayesian probability. Moreover, we show in both the conventional and Bayesian framework that not specifying the alternative may lead to rejections of the null hypothesis with scant evidence. We review both frequentist and Bayesian approaches to specifying alternatives, and we show how such specifications improve inference. The field of cognitive science will benefit because consideration of reasonable alternatives will undoubtedly sharpen the intellectual underpinnings of research. (shrink)

The Province of Jurisprudence Determined (1832) is a classic of nineteenth-century English jurisprudence, a subject on which Austin had a profound impact. His book is primarily concerned with a meticulous explanation of most of the core concepts of his legal philosophy, including his conception of law, his separation of law and morality, and his theory of sovereignty. Almost a quarter of it consists of an interpretation and defence of the principle of utility. This edition includes the complete and unabridged (...) text of the fifth (1885) and last edition. The comprehensive introduction discusses Austin's life, the main themes of his book, leading criticisms of his ideas, and recent interpretations of his legal philosophy. The edition also includes an up-to-date bibliography and biographical synopses of the principal figures mentioned in the text. (shrink)

Agency is a power, but what is it a power to do? The tradition presents us with three main answers: (1) that agency is a power to affect one’s own will, consequent upon which act further events ensue, beginning with the movement of a part of one's body; (2) that agency is a power to affect one’s own body, consequent upon which act further events ensue, beginning with the movement of an object that one touches; and (3) that agency is (...) a power to affect that material upon which one brings one's action to bear---e.g. the apple one is peeling (with a knife in one's hand). These three answers correspond to three increasingly expansive conceptions of the province of human agency. I refer to them, respectively, as volitionalism, corporealism and materialism. Only the first two are seriously considered in contemporary action theory. Favoring the third, and hoping to sharpen the conflict between the third and the first, I criticize the second. Corporealism has been a popular position—arguably, the default position in the philosophy of action—since Donald Davidson’s classic paper “Agency” (1971). Although it seems to occupy a sensible middle ground between volitionalism and materialism, corporealism is, I argue, indefensible: it shares the vulnerabilities of both its two rivals, without possessing the strengths of either. Nevertheless, reflection on corporealism lights the road to materialism, which, in the end, is the only possible alternative to volitionalism. (shrink)

The Province of Jurisprudence Democratized explores the implications of taking a vigorously democratic approach to issues of traditional legal theory. Allan C. Hutchinson introduces the democratic vision and examines the complementary philosophy of a Dewey-inspired pragmatism. This is followed by an examination from a pragmatic perspective of the dominant theories of analytical jurisprudence in both their positivist and naturalist forms. He emphasizes the contested concepts of 'truth', 'facts' and 'law/morality relation' and explores what a more uncompromising democratic/pragmatic agenda for (...) law and legal theory would entail. The Author's intent is to contribute to the shift away from a technical and elite philosophical approach to jurisprudence to a more democratic engagement. It advances and follows through on the critical claim that there is no position of theoretical or political innocence. Like the law it seeks to illuminate, legal theory must recognize its own political and social setting as well as its own responsibilities. Moreover, whatever else democracy might entail or imply, it opposes elite rule whether by autocrats, functionaries or theorists, however enlightened or principled their proposals or interventions may be: authority must come from below, not above. (shrink)

This edition comprises the full text of Austin's The Province of Jurisprudence Determined, a classic work of moral, political, and legal philosophy, and Austin ...

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

Quine criticizes Strawson’s account of the province of logic. Robert Hadley proposes a refutation of Quine. This paper proposes a refutation of Hadley.

Originally published in 1931. This inquiry investigates and develops John Cook Wilson's view of the province of logic. It bases the study on the posthumous collected papers Statement and Inference. The author seeks to answer questions on the nature of logic using Cook Wilson's thought. The chapters introduce and consider topics from metaphysics to grammar and from psychology to knowledge. An early conception of logic in the sciences and presenting the work of an important twentieth century philosopher, this is (...) an engaging work. (shrink)

The province of jurisprudence compromised -- The province of jurisprudence revisited -- The provinciality of jurisprudence determined -- The morality of jurisprudence determined -- The province of jurisprudence pre-determined -- The province of jurisprudence moralised -- The province of jurisprudence re-generated -- The province of the judiciary democratised -- The experimental province of democracy determined.

Schutz’s references to literature and arts in his theoretical works are manifold. But literature and theory are both a certain kind of a finite province of meaning, that means they are not easily accessible from the paramount reality of everyday life. Now there is another kind of referring to literature: metaphorizing it. Using it, as may be said with Lakoff and Johnson, to understand and to experience one kind of thing in terms of another. Literally metapherein means “to carry (...) over”. Metaphorizing in this view is then a specific kind of border-crossing between different provinces of meaning. That poses two questions: 1. What means finiteness of those provinces of meaning, what kind of border crossings are possible? What is the ground for metaphorizing meaning? 2. Could this concept used for founding a theory of the constitution of the societal and of society, that overcomes the dichotomy of structure/agency? These questions will be answered with one example in view: Schutz’ report to Kaufmann of his first visit of Husserl describing his experience as feeling like Wilhelm Meister at the Society of the Tower. In a first step this metaphor is presented together with some crumbs of metaphor theory. In a second step these crumbs will be connected to Husserl’s concept of experience. After developing a short overview over Schutz’ “finite provinces of meaning,” the relation of experience, metaphors to the intersubjectivity of these provinces in their dependence from writing and printing is discussed. (shrink)

Allan Hutchinson’s recent book, The Province of Jurisprudence Democratized, considers what is involved in seeking to establish the province of jurisprudence as a distinctive field of inquiry.Hutchinson’s principal concern with the democratization of law, legal theory, and the province of jurisprudence is examined in detail. The process of democratization and its anti-elitist character is traced through Hutchinson’s opposition to the aloof philosophical analysis of the universal in favour of an engagement with local and particular issues. However, the (...) weight Hutchinson places on his conception of strong democracy, so as to provide a different understanding of the law-power nexus and of the relationship between law and morality operating in strong democracies, is shown to be misplaced. Two related failings are pointed out.First, there is a failure to recognize competing groupings within the people, which contradict the uniform collective body Hutchinson associates with those formerly governed by elites and then constituting those liberated to exercise self-governance. Secondly, this links into Hutchinson’s exclusive preoccupation with the participatory axis of democracy – which he regards as the core feature of strong democracy as well as the basis for the law-power nexus and the law-morality relationship within a strong democracy. This is revealed as an inadequate and impoverished understanding of democracy once the presence of competing groupings within the people is acknowledged. These corrections have important consequences for a role for law that cannot be reduced solely to politics, and for a broader sweep to analytical jurisprudence than Hutchinson allows.Hutchinson’s own efforts to capture the province of jurisprudence are then assessed. These are recharacterized as seeking to establish within a split field of inquiry a theory of strong democratic law, but, in the absence of a convincing account of the nature of democracy and its relationship with law, the project is judged to be unfulfilled. (shrink)

A comprehensive account of English legal thought in the age of Blackstone and Bentham for nearly a century, The Province of Legislation Determined advances an ambitious reinterpretation of eighteenth-century attitudes to social change and law reform. Professor Lieberman's bold synthesis rests on a wide survey of legal materials and on a detailed discussion of Blackstone's Commentaries, the jurisprudence of Lord Kames and the Scottish Enlightenment, the chief justiceship of Lord Mansfield, the penal theories of Eden and Romilly, and the (...) legislative science of Jeremy Bentham. The study relates legal developments to the broader fabric of eighteenth-century social and political theory, and offers a novel assessment of the character of the common law tradition and of Bentham's contribution to the ideology of reform. (shrink)

Managerial myopia occurs when executives value short-term benefits to the extent that firm long-run development will be obstructed. Recent studies have shown that the locality effect plays an important role in managerial myopia—local United States chief executive officers who work near their home states are less likely to behave myopically because of more effective monitoring and greater reputation concern. In an emerging market, government policies play a more important role in the strategic planning enterprises. A local CEO may have better (...) understanding of local government’s policies thus makes less short-term decisions. This article adds to this literature by testing whether local-province CEOs in China, i.e., the CEO’s native place or birthplace is in the same province as her company’s headquarters, are also far-sighted. Using data on 470 publicly listed non-state-owned Chinese firms from 2014 to 2018, supportive evidence has been found that non-local-province CEOs in China tend to cut R&D expenses for beating analyst forecasts, reversing earnings decline, or pursuing higher returns. This article also confirms social capital as one mechanism of Chinese local-province CEOs behaving less myopically. This investigation also adds to the literature by revealing a new mechanism that CEO locality in China has a positive and direct bearing on how governments support corporate innovation. (shrink)

This essay considers social science as a finite province of meaning. It is argued that teasing out common-sense meanings from social scientific conceptions is difficult because the meanings of scientific concepts are often veiled in life-worldly taken-for-grantedness. If social scientists have successfully created a scientific province of meaning, attempts to communicate findings outside of this reduced sphere of science should be somewhat problematic.

This study is called the "greatest juristic volume of the twentieth century." No ordinary text book. At least ten volumes rolled into one. Above all, a lawyer's book, also an economist's book, a philosopher's book, a social scientist's book, a historian's book & a librarian's book.

​This book illustrates how non-pragmatic finite provinces of meaning emancipate one from pragmatic everyday pressures. Barber portrays everyday life originally, as including the interplay between intrinsic and imposed relevances, the unavoidable pursuit of pragmatic mastery, and the resulting tensions non-pragmatic provinces can relieve. But individuals and groups also inevitably resort to meta-level strategies of hyper-mastery to protect set ways of satisfying lower-level relevances—strategies that easily augment individual anxiety and social pathologies. After creatively interpreting the Schutzian dialectic between the world of (...) working and non-pragmatic provinces, Barber describes the experience of reality in the finite provinces of religion and humor. Schutz, who only mentioned these provinces, laid out the six features of the cognitive style that characterize any finite province of meaning. This book is the first to follow up on these suggestions and depict two new finite provinces of meaning beyond those in “On Multiple Realities.” While entrance into these provinces reduces everyday life tensions, it does not suffice since pragmatic relevances infiltrate the provinces, as when one uses humor to belittle competing cultural groups or one deploys religion only as an instrument to ensure crop productivity. Instead, liberation from anxieties and pathologies is brought to completion when the ego agens, the 0-point of all its coordinates, discovers its value in relation to the transcendent, even if it fails to realize its pragmatic purposes, or when one becomes comical to oneself through the eyes of another different from oneself. This book, aimed at advanced undergraduate, graduate, or scholarly audiences, presents stimulating analyses of the religious “appresentative mindset” or of the healing potential of interracial humor. Drawing heavily on interdisciplinary resources, the book also illustrates the relevance of phenomenological methods and concepts for concrete human experience. Barber offers a fresh understanding of pragmatic everyday life, original descriptions of the religious and humorous provinces of meaning, and a picture of how the overarching intentional stances of meaning-provinces, along with exposure to another perspective, can diminish the pressures everyday life engenders. (shrink)