Constitutional and judicial law-making is increasingly beginning to find its reflection not only in the Anglo-Saxon, but also in the Romano-Germanic legal family. However, the prerequisites for the use of this legal instrument are different, which determines the relevance of conducting a comparative analysis regarding the provision of such a mechanism in the USA and Kazakhstan. The purpose of the research is to identify common and distinctive features in the process of implementation of constitutional and judicial law-making in countries belonging (...) to different legal systems. The article uses the methods of analysis, synthesis, comparison, deduction and generalization. As a result, the specificity of ensuring the mechanism of constitutional law-making in the USA was expressed, taking into account various forms of law-making activity. It has been established that the development of constitutional provisions in the United States takes place with the help of the constitutional doctrines of the Supreme Court of the United States, which provide for the introduction of amendments to constitutional provisions without a formal procedure. As a result of the study of the experience of Kazakhstan, it was established that special priority was given to the role of precedent, in particular, the decision of the Supreme Court of the Republic of Kazakhstan. This is explained by the integrative nature of the Romano-Germanic legal system, which allows effective development of national legislation as a whole and its provisions. The obtained results can be used during the professional training of judges in the Republic of Kazakhstan. (shrink)

This study analyzes artworks by a professional fine-art bodypainter. This artist used his models’ bodies as both inspiration and canvas. The bodies/artworks were then photographed and the resulting images were hung as finished pieces in his gallery. Through semiotic analysis of the artworks and discourse analysis of interviews with the artist, relationships between the human body and artistic conventions were explored and fine-art bodypainting was discussed as an art form. The painted images are copies of natural forms that have been (...) reinterpreted in new “living” forms, as they are painted onto and in relation to a living body. These living canvases change the contextual interpretations of the original painted images in integral ways. The completed photographs resist categorization as mere simulacra because their intentionally questioning construction asks us to rethink the relationships between artist, subject, and observer. (shrink)

This study analyzes artworks by a professional fine-art bodypainter. This artist used his models’ bodies as both inspiration and canvas. The bodies/artworks were then photographed and the resulting images were hung as finished pieces in his gallery. Through semiotic analysis of the artworks and discourse analysis of interviews with the artist, relationships between the human body and artistic conventions were explored and fine-art bodypainting was discussed as an art form. The painted images are copies of natural forms that have been (...) reinterpreted in new “living” forms, as they are painted onto and in relation to a living body. These living canvases change the contextual interpretations of the original painted images in integral ways. The completed photographs resist categorization as mere simulacra because their intentionally questioning construction asks us to rethink the relationships between artist, subject, and observer. (shrink)

Different social scientists have looked at the ways in which dress and appearance may be semiotically understood and how these meanings are interpreted by members of a common culture. Dress is but one factor that informs the initial impressions members may make about an individual as they speculate on the motivations or message that the individual (intentionally or unintentionally) broadcasts based on their external appearance. This study analyzed teacher drawings (by students) for teacher dress and appearance. Results of visual, semiotic (...) analyses showed that teachers were most often dressed in casual, uncomplicated clothing in hues of blue and black. These dress choices may transmit particular messages regarding teachers and the teaching profession, not only with regard to the preservice teachers who drew them, but arguably to the larger culture to which these preservice teachers belong. These externally-fashioned messages about teachers may also contribute to ideologies which may affect preservice teacher recruitment, morale, and self-identity. (shrink)

Different social scientists have looked at the ways in which dress and appearance may be semiotically understood and how these meanings are interpreted by members of a common culture. Dress is but one factor that informs the initial impressions members may make about an individual as they speculate on the motivations or message that the individual (intentionally or unintentionally) broadcasts based on their external appearance. This study analyzed teacher drawings (by students) for teacher dress and appearance. Results of visual, semiotic (...) analyses showed that teachers were most often dressed in casual, uncomplicated clothing in hues of blue and black. These dress choices may transmit particular messages regarding teachers and the teaching profession, not only with regard to the preservice teachers who drew them, but arguably to the larger culture to which these preservice teachers belong. These externally-fashioned messages about teachers may also contribute to ideologies which may affect preservice teacher recruitment, morale, and self-identity. (shrink)

Textual evidence preserved in two still unpublished manuscripts strongly suggests that there once existed an alternative version of Miskawayh’s Fawz al-aṣghar, the Minor Book of Triumph. The article discusses possible explanations for why Miskawayh may have composed two recensions of his Fawz and compares structure and content of the alternative version with the edited standard version. The one passage which is contained in the alternative Fawz only is presented in Arabic with an English translation. Part of this additional material is (...) parallel to al-Fārābī’s Iḥṣā’ al-‘ulūm, namely its division of natural sciences, and may ultimately derive from a no longer extant treatise by Paul the Persian. An appendix provides the Arabic text and English translation of a hitherto unknown fragment of al-Balkhī in which he discusses Plato’s saying that the world has a causative, but no temporal beginning. (shrink)

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to develop (...) their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances. (shrink)

This chapter introduces W.E.B. Du Bois’s original political thought and his strategies for political advocacy. It is limited to explaining the pressure he puts on the liberal social contract tradition, which prioritizes the public values of freedom and equality for establishing fair and inclusive terms of political membership. However, unlike most liberal theorists, Du Bois’s political thought concentrates on the politics of race, colonialism, gender, and labor, among other themes, in order to redefine how political theorists and activists should build (...) a democratic polity that is truly free and equal for all. Additionally, this chapter defines some key concepts Du Bois developed to scrutinize a white-controlled world that does not welcome black and brown persons as moral equals. These trailblazing concepts include: the doctrine of racialism, double consciousness, and Pan-Africanism. Finally, this chapter defends Du Bois’s contributions to black feminist thought and American labor politics, which inspired major social justice movements in the twentieth century, in which he played a notable role. (shrink)

This essay argues that a black radical Kantianism proposes a Kantian theory of justice in the circumstances of injustice. First, I describe BRK’s method of political critique and explain how it builds on Kant’s republicanism. Second, I argue that Kant’s original account of public right is incomplete because it neglects that a situated citizenry’s adoption of an ideal contributes to its refinement. Lastly, with the aid of W.E.B. Du Bois’s analysis of American Reconstruction and his proposal of an “abolition democracy,” (...) I offer my refined universalizable standard for political critique. Du Bois reconceptualizes the requirements of justice to protect the political liberties and productive powers of black freedmen and the working poor. While originating with the political demands of black freedmen during the Reconstruction era, the universal protection of political liberties and productive powers offers a novel public standard for political judgment that should still anchor deliberation today. (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the ideal (...) of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

In this essay I develop W.E.B. Du Bois’s concept of double consciousness to demonstrate the limitations of Kant’s and Rawls’s models of self-respect. I argue that neither Kant nor Rawls can explain what self-respect and resistance to oppression warrants under the conditions of violent and systematic racial exclusion. I defend Du Bois’s proposal of voluntary black self-segregation during the Jim Crow era and explain why Du Bois believes that the black American community has a moral right to assert its self-respect (...) by mitigating exposure to racial violence and animus in a white-controlled polity. (shrink)

In this article, I defend the pragmatic relevance of race in history. Kant and Hegel's racist development thesis assumes that nonwhite, non-European racial groups are defective practical agents. In response, philosophers have opted to drop race from a theory of history and progress. They posit that denying its pragmatic relevance amounts to anti-racist egalitarianism. I dub this tactic “colorblind cosmopolitanism” and offer grounds for its rejection. Following Du Bois, I ascribe, instead, a pragmatic role to race in history. Namely, Du (...) Bois argues that race is an “instrument of progress” that advances emancipatory struggle. He appeals to the writing of history—or historiography—to cultivate group consciousness of historical memory in order to strengthen intragroup bonds among the racially oppressed, especially black Americans, and create intergroup bonds that reconstruct the republic on the basis of universal ideals. I detail Du Bois's defense of the black struggle for freedom in the wake of the U.S. Civil War to provide a concrete illustration of “spirit” in American history. (shrink)

This essay offers a Duboisian defense of democracy’s expressive and experimental values. It argues that the expressive value of democracy supports an ideal of inclusion, whereas the experimental value of democracy supports that of innovation. One appeals to the ideal of inclusion to extend to excluded groups codified constitutional protections and to condemn white hypocrisy. The ideal of innovation, in contrast, helps one reimagine what constitutional protections should be in the first place. Drawing on Du Bois’s writings, this essay argues (...) that the civic activities of black American counter-publics exhibited both experimental and expressive democratic values. In particular, it highlights the innovations of black women civic leaders who reimagined care work under a public conception of the common good. It concludes that counter-publics shape the asymmetric moral insight of its participants, namely, the oppressed. (shrink)

W.E.B. Du Bois’s socialism has provoked debate for decades. His democratic theory and critique of political economy supports democratic socialism. In this article, I offer a philosophical reconstruction of the normative foundation of his democratic socialism in three steps. First, I argue that his philosophy of the modern democratic state supports the people’s advance of the principle of free and equal citizenship or civic equality. Next, I present his critique of the modern American welfare state, which asserts the fair value (...) of political liberty and democratic control over productive activities. Finally, I introduce the method of the excluded groups from Darkwater as an ideal procedure for guiding democratic deliberation in a profoundly nonideal public sphere. The method foregrounds the voices of excluded groups to correct asymmetrical relations of practical power and to infuse democratic reason with practical intelligence, namely, new content and values that can lead to the development of a democratic socialist state. (shrink)

The article analyses whether it is correct to extrapolate the concept of "meaning in life" developed by Thaddeus Metz to the doctrines of ancient philosophers, including Thomas Aquinas. Is Metz’ concept of "purposes" that make "human life" meaningful analogous to Aquinas’ concept of "ultimate goal of man"? Significant points of Metz’ conception of "meaning in life" in our article are described and compared with Aquinas’ conception of "ultimate goal of man." As it turns out, these conceptions are only superficially similar. (...) In fact, they are profoundly different: (1) Aquinas is talking about the "goal of man", which implies objective teleology incompatible with Metz’ "naturalism", and is not talking about "meaning in life" (and even "purpose of life"); (2) "ultimate goal of man", for Aquinas, is intended to provide salvation and eternal life for man, not to make life "significant" in this world. -/- Thus, Metz and Thomas not only use different terminology, but also address different problems. They deal with different questions, not just give different answers to the same question (about the "meaning in life"). Metz’s extrapolation may be correct, when viewed as a kind of rational reconstruction. However, Metz does not make appropriate reservations and groundlessly unifies heterogeneous problems. The article shows that more historically oriented methodology avoids impropriety in the exercise of rational reconstruction of "meaning in life" in the field of ancient and medieval philosophies. (shrink)

Vor dem Hintergrund von Heinrich Wölfflins Kunstgeschichtlichen Grundbegriffen (1915) untersucht der Beitrag anhand kennerschaftlicher und formalistischer Forschungsansätze des 20. Jahrhunderts die Verwendung von Metaphern für die Beschreibung von graphischen Kunstwerken. Mittels musikalischer und anthropomorpher Begriffe wird gezeigt, wie sich insbesondere Metaphern mehr als andere sprachliche Mittel oder Begrifflichkeiten je nach methodischer Ausrichtung für Argumentationen vereinnahmen ließen und Konnotationen entsprechend wechseln konnten. Zugleich eignet ihnen ein besonderes rezeptionsästhetisches Potenzial, mit dem Kunstwerke scheinbar ›intuitiver‹ erfasst werden können.

This article attempts to present the human face of Antonio Millán-Puelles, as well as his philosophical contributions. Rafael Alvira, one of his closest disciples explains here Millán-Puelles philosophical thinking from within. It describes the philosophical path followed by Millán-Puelles for the sake of liberty, objectivity and philosophical realism.

The article presents an analysis of the two-century development of the Russian intelligentsia, traces the transformation of views and ideas due to historical and socio-cultural foundations. The Russian intelligentsia is regarded as a very special phenomenon in the world, whose historical significance and basic idea are determined by the relationship with the state. It is proved that the main driving force of the development of the Russian intelligentsia changed depending on the political and ideological regime. Much attention is paid in (...) the article to the understanding of the phenomenon of the Russian intelligentsia in the present reality, traditional and acquired features in this historical period are considered. Its role in the formation of value orientations of modern society is analyzed. The author suggests that in the post-reform Russia of the XXI century there is no conceptual unity in the awareness of the "Russian intelligentsia". The intelligentsia itself to a greater extent today does not see itself as a recognized and clearly defined social group, its self-consciousness is fragmented and contradictory. The conclusion is made that the ideological form of the Russian intelligentsia was and remains its alienation from the state and hostility to it, brought up on abstract enlightenment schemes supplemented by cosmopolitanism and globalization, the modern intellectual continues to suffer from the lack of a healthy national identity. Today, when time dictates the need to move to a fundamentally new type of civilizational development, where the key question of the values that set the guidelines for this transition arises again, it is the intelligentsia, as a generator of the thought field, as two centuries ago, can play a major role. (shrink)

The article carries out a critical analysis of Arthur Kiefer's methodology (described in the “Ecclesiastes and the meaning of life in the ancient world”, Cambridge University Press, 2022), namely his concept of “meaning of life” applied to the analysis of the book of Ecclesiastes. The core argument made here is that the “threefold conceptual scheme” of the meaning of life, borrowed from the field of empirical psychological research (coherence – purpose – significance), cannot be effective in the analysis of theological (...) or philosophical texts, which involve a high level of generalization. On the other hand, since the concept of “meaning of life” is absent from the language of Ecclesiastes and other ancient texts, and its own meaning is extremely vague, it is unable to play the role of a useful analytical tool. (shrink)

The late Charles W. Mills achieved public renown in North America and around the world that academics seldom achieve. His untimely death from cancer in 2021 was reported by The New York Times, Nati...

The article deals with the problem of the disciplinary identification of thephilosophy of music education. It explores alternative approaches to thephilosophy of music education and its relation to musical pedagogy. On thebasis of this analysis an account of the philosophy of music education as aphilosophical discipline is suggested and its specific function identified.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 37-75 [Access article in PDF] The Nature of Paradigms and Paradigm Shifts in Music Education Elvira Panaiotidi North Ossetian State Pedagogical Institute, Russia The advent of the praxial philosophy of music education in the mid-1990s and its systematic development in David Elliott's Music Matters: A New Philosophy of Music Education1 created an unprecedented situation in music education in North America. Having (...) brought to an end the monopoly of one theoretical approach, that of music education as aesthetic education (MEAE), it challenged the music education community with a choice. While Elliott tried to convince music educators of the falsity of MEAE and of the advantages of his own conception, Bennett Reimer and his proponents defended their position. The polemic between "aestheticians" and "praxialists," represented by the exchange between Reimer and Elliott in the Bulletin of the Council for Research in Music Education, 2 brought to light a methodological deficiency in music education theory, namely, its inability to provide tenacious theoretical footing which could help settle the dispute. How do changes in the theory and practice [End Page 37] of music education occur? What are the rational standards by which to judge theories? What is the nature and logic of a dynamic development in music education theory and practice? These and similar questions have remained largely unapproached by music educators.The present paper is an attempt to initiate a discussion on these issues by exposing one possible metatheoretical strategy. As the title suggests, the strategy I am going to employ is based on the concept of paradigm. This Greek term which was once used to describe Platonic ideas, nowadays broadly circulates in descriptions of transformative processes in nearly every domain of life: we hear about paradigm shifts in musicology, the job market and tax policy, genetics, and so on. It is usually used as a kind of unproblematic category with a precisely defined and commonly accepted meaning, so that no indication of the origin of its usage in a given context is provided. In most cases, however, it turns out that "paradigm shift" is equivalent to and stands for "change" of whatever type, scope, or depth and is preferred because it is a mode or perhaps because it sounds more pretentious. In contrast to this tendency, both "paradigm" and "paradigm shift" are taken here most seriously and their usage is intimately related to the tradition in philosophy of science established by Thomas S. Kuhn's The Structure of Scientific Revolutions.3 This may appear dubious after we have been recently told that the impact of this book and the very concept of paradigm have "been largely, but not entirely, for the worse," namely, "to dull the critical sensibility of the academy" and "to kill the historicist impulse."4 "Kuhnification," it has been argued, is responsible for the suppression of free inquiry and bringing about "paradigmitis," a syndrome characterized by "a collective sense of historical amnesia and political inertia."5 Nonetheless, it is my contention that the paradigm approach per se is not dismissed by the criticism of Kuhn's conception and can be modified in such a way as to be made fruitful for structuring music education discourse and the explication of theory development in music education. To show how this is possible is the task before me.Underlying this project is the idea that theory development in music education can be adequately grasped and appraised in terms of more general units than specific theories which I shall call paradigms. That I am giving preference to this term and not choosing another from the group of providers of the conceptual framework that have been suggested throughout the history—"research tradition" (Laudan), "research programme"(Lakatos), "comprehensive cosmological point of view" (Feyerabend)—is that I find it more pertinent: it is neutral enough and allows for modifications which are necessary in view of the specific nature of music education discourse.In what follows, I will begin with an examination of Peter Abbs' account of paradigms and paradigm shifts in arts education. I... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 37-75 [Access article in PDF] The Nature of Paradigms and Paradigm Shifts in Music Education Elvira Panaiotidi North Ossetian State Pedagogical Institute, Russia The advent of the praxial philosophy of music education in the mid-1990s and its systematic development in David Elliott's Music Matters: A New Philosophy of Music Education1 created an unprecedented situation in music education in North America. Having (...) brought to an end the monopoly of one theoretical approach, that of music education as aesthetic education (MEAE), it challenged the music education community with a choice. While Elliott tried to convince music educators of the falsity of MEAE and of the advantages of his own conception, Bennett Reimer and his proponents defended their position. The polemic between "aestheticians" and "praxialists," represented by the exchange between Reimer and Elliott in the Bulletin of the Council for Research in Music Education, 2 brought to light a methodological deficiency in music education theory, namely, its inability to provide tenacious theoretical footing which could help settle the dispute. How do changes in the theory and practice [End Page 37] of music education occur? What are the rational standards by which to judge theories? What is the nature and logic of a dynamic development in music education theory and practice? These and similar questions have remained largely unapproached by music educators.The present paper is an attempt to initiate a discussion on these issues by exposing one possible metatheoretical strategy. As the title suggests, the strategy I am going to employ is based on the concept of paradigm. This Greek term which was once used to describe Platonic ideas, nowadays broadly circulates in descriptions of transformative processes in nearly every domain of life: we hear about paradigm shifts in musicology, the job market and tax policy, genetics, and so on. It is usually used as a kind of unproblematic category with a precisely defined and commonly accepted meaning, so that no indication of the origin of its usage in a given context is provided. In most cases, however, it turns out that "paradigm shift" is equivalent to and stands for "change" of whatever type, scope, or depth and is preferred because it is a mode or perhaps because it sounds more pretentious. In contrast to this tendency, both "paradigm" and "paradigm shift" are taken here most seriously and their usage is intimately related to the tradition in philosophy of science established by Thomas S. Kuhn's The Structure of Scientific Revolutions.3 This may appear dubious after we have been recently told that the impact of this book and the very concept of paradigm have "been largely, but not entirely, for the worse," namely, "to dull the critical sensibility of the academy" and "to kill the historicist impulse."4 "Kuhnification," it has been argued, is responsible for the suppression of free inquiry and bringing about "paradigmitis," a syndrome characterized by "a collective sense of historical amnesia and political inertia."5 Nonetheless, it is my contention that the paradigm approach per se is not dismissed by the criticism of Kuhn's conception and can be modified in such a way as to be made fruitful for structuring music education discourse and the explication of theory development in music education. To show how this is possible is the task before me.Underlying this project is the idea that theory development in music education can be adequately grasped and appraised in terms of more general units than specific theories which I shall call paradigms. That I am giving preference to this term and not choosing another from the group of providers of the conceptual framework that have been suggested throughout the history—"research tradition" (Laudan), "research programme"(Lakatos), "comprehensive cosmological point of view" (Feyerabend)—is that I find it more pertinent: it is neutral enough and allows for modifications which are necessary in view of the specific nature of music education discourse.In what follows, I will begin with an examination of Peter Abbs' account of paradigms and paradigm shifts in arts education. I... (shrink)

RésuméEn réponse à l'article de D. C. Matthew, « Racial Integration and the Problem of Relational Devaluation », j'examine la politique de la beauté physique à l'intersection entre les catégories de race et de genre. J’évalue et je rejette l'affirmation de Matthew selon laquelle être perçu comme physiquement attrayant se traduit à coup sûr soit par un bon traitement, soit par une haute estime de soi. Je soutiens que, au contraire, le genre peut fonctionner comme un moyen de contrôle social, (...) dans lequel le désir du corps des femmes n'apporte aucun bon traitement ni n'améliore leur estime de soi. Ce problème peut persister au sein des communautés raciales intragroupes autoségréguées. (shrink)

ABSTRACT I draw on W.E.B. Du Bois’s political thought to challenge de Shalit’s characterization of the role of the philosopher and the public in political theory. I press three issues to clarify what it would take for a political philosopher to take into consideration what the public thinks: the relation of the method of public reflective equilibrium to history and the empirical sciences; the moral education that results from the public’s participation in philosophical discussions; and how political philosophers should handle (...) the public’s recalcitrant ignorance and hostility in their theories. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with respect to economic reforms (...) that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)