Search results for 'Law and aesthetics' (try it on Scholar)

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  1. Brian E. Butler (2003). Aesthetics and American Law. Legal Studies Forum (1):203-220.score: 60.0
  2. Costas Douzinas (1994). Justice Miscarried: Ethics and Aesthetics in Law. Harvester Wheatsheaf.score: 60.0
  3. Daniel J. Boorstin (1941/1996). The Mysterious Science of the Law: An Essay on Blackstone's Commentaries Showing How Blackstone, Employing Eighteenth Century Ideas of Science, Religion, History, Aesthetics, and Philosophy, Made of the Law at Once a Conservative and a Mysterious Science. University of Chicago Press.score: 45.0
    Referred to as the "bible of American lawyers," Blackstone's Commentaries on the Laws of England shaped the principles of law in both England and America when its first volume appeared in 1765. For the next century that law remained what Blackstone made of it. Daniel J. Boorstin examines why Commentaries became the most essential knowledge that any lawyer needed to acquire. Set against the intellectual values of the eighteenth century-and the notions of Reason, Nature, and the Sublime-- Commentaries is at (...)
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  4. L. Ryan Musgrave (2003). Liberal Feminism, From Law to Art: The Impact of Feminist Jurisprudence on Feminist Aesthetics. Hypatia 18 (4):214-235.score: 39.0
    : This essay explores how early approaches in feminist aesthetics drew on concepts honed in the field of feminist legal theory, especially conceptions of oppression and equality. I argue that by importing these feminist legal concepts, many early feminist accounts of how art is political depended largely on a distinctly liberal version of politics. I offer a critique of liberal feminist aesthetics, indicating ways recent work in the field also turns toward critical feminist aesthetics as an alternative.
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  5. Chad Mccracken (2009). The Aesthetics of International Law by Morgan, Ed. Journal of Aesthetics and Art Criticism 67 (3):355-357.score: 39.0
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  6. Rodrigo Ferrada Stoehrel (2013). The Legal Image's Forgotten Aesthetics. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (3):555-577.score: 39.0
    Aesthetics and communications theories are often applied to art, media and popular culture but not within legal empirical (audiovisual) material—despite the fact that a judicial and legal process comprises a palpable utilisation of the visual as evidence of an historical reality. Based on four distinct Swedish cases, this study analyses the court’s reasoning, interpretation and use of (audio)visual evidence. Inspired by an embodied film theory, Benjamin’s thoughts on the technical-dramaturgical components of the camera and the later Barthes’ notion of (...)
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  7. Judith E. Grbich (1999). Semiotics and Law Down-Under – Aesthetics in Christian Juridico-Theological Tracts: The Wanderings of Faith and Nomos. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 12 (4):351-368.score: 39.0
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  8. D. Z. Andriopoulos (2005). Costas Douzinas, Nomos Kai Aistetike (Law and Aesthetics), Logotechnia, Techne, Dikaio (Literature, Art, Justice). Philosophical Inquiry 27 (1-2):249-259.score: 36.0
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  9. Mónica Brito Vieira (2009). The Elements of Representation in Hobbes: Aesthetics, Theatre, Law, and Theology in the Construction of Hobbes's Theory of the State. Brill.score: 36.0
  10. C. Douzinas, S. McVeigh & R. Warrington (1992). The Alta(E)Rs of Law: The Judgement of Legal Aesthetics. Theory, Culture and Society 9 (4):93-117.score: 36.0
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  11. Peter Hutchings (2010). The Criminal Spectre in Law, Literature, and Aesthetics. In Ann Brooks (ed.), Social Theory in Contemporary Asia. Routledge.score: 36.0
     
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  12. Dale Jacquette (1990). Aesthetics and Natural Law in Newton's Methodology. Journal of the History of Ideas 51 (4):659-666.score: 36.0
     
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  13. J. Swindal (1998). Reconstructing the Enlightenment Project: David Rasmussen's Immanent Critique of Aesthetics, Modernity and Law. Philosophy and Social Criticism 24 (2-3):5-24.score: 36.0
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  14. Gerhard Pfafferott (1991). Ethics on the Testing-Bench. An Empirical Foundation of Law, Morality and Justice, and a Critique of Political Aesthetics. Philosophy and History 24 (1/2):23-24.score: 36.0
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  15. R. J. Schoeck (1983). The Aesthetics of the Law. American Journal of Jurisprudence 28 (1):46-63.score: 36.0
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  16. J. W. Torke (2003). The Aesthetics of Law: On Beauty and Being Just. Elaine Scarry. Princeton University Press. 1999. Pp. 134. American Journal of Jurisprudence 48 (1):325-333.score: 36.0
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  17. Laurens van Apeldoorn (2013). M. Brito Vieira, The Elements of Representation in Hobbes: Aesthetics, Theatre, Law, and Theology in the Construction of Hobbes's Theory of the State, Leiden and Boston: Brill, 2009, Xvi + 286 Pp. ISBN-13: 978-90-04-18174-8, Hardcover ($140). [REVIEW] Hobbes Studies 26 (2):185-189.score: 36.0
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  18. Peter Goodrich (2001). Barron's Complaint: A Response to ``Feminism, Aestheticism and the Limits of Law''. [REVIEW] Feminist Legal Studies 9 (2):149-170.score: 33.0
    In academic contexts, it is always likely thatan author who criticises another's work – in abook review, or an article – will know theother author personally. They may well befriends. Reflecting upon the intimacy of thepublic sphere, this article responds to thetone of a recent critique of the style andpolitics of postmodern jurisprudence. Questionsof style, tone and scriptural face are anunconventional point of entry into a discussionof feminism, aesthetics and law. It is arguedhere that these issues are intrinsic to (...)
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  19. Pierre Schlag (2009). The Dedifferentiation Problem. Continental Philosophy Review 42 (1):35-62.score: 27.0
    This article demonstrates that our more sophisticated theories of law lead us to a point where we are no longer able to distinguish law from culture, or society, or the market, or politics or anything of the sort. Not only are the various terms inextricably intertwined (something that other thinkers have observed) but we are no longer in a position to articulate any relations between these various terms at all. It is with this latter realization that the dedifferentiation problem kicks (...)
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  20. Larry May & Jeff Brown (eds.) (2010). Philosophy of Law: Classic and Contemporary Readings. Wiley-Blackwell.score: 27.0
    Cottingham : Western philosophy : an anthology (second edition) -- Cahoone : from modernism to postmodernism : an anthology (expanded -- Second edition) -- Lafollette : ethics in practice : an anthology (third edition) -- Goodin and Pettit: contemporary political philosophy: an anthology (second -- Edition) -- Eze: african philosophy : an anthology -- McNeill and Feldman : continental philosophy : an anthology -- Kim and Sosa : metaphysics : an anthology -- Lycan and Prinz : mind and cognition : (...)
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  21. Anne Barron (2000). Feminism, Aestheticism and the Limits of Law. Feminist Legal Studies 8 (3):275-317.score: 27.0
    This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...)
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  22. Otfried Höffe (2006). Kant's Cosmopolitan Theory of Law and Peace. Cambridge University Press.score: 27.0
    Kant is widely acknowledged for his critique of theoretical reason, his universalistic ethics, and his aesthetics. Scholars, however, often ignore his achievements in the philosophy of law and government. At least four innovations that are still relevant today can be attributed to Kant. He is the first thinker, and to date the only great thinker, to have elevated the concept of peace to the status of a foundational concept of philosophy. Kant links this concept to the political innovation of (...)
     
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  23. Jay Johnston (2008). Angels of Desire: Esoteric Bodies, Aesthetics and Ethics. Equinox Pub. Ltd.score: 27.0
    Subtle bodies -- Difference -- Subtle subjects of desire -- "Seering" desire : the between -- Inhabiting sight -- Durée : the aesthetics of desired time -- An ethics of emptiness -- Witnessing : detached immersion -- An ethics of grace : the law of desiring angels -- Conclusion : the angelic ternary.
     
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  24. Dan-Eugen Ratiu (2010). Lumea Artei: Imunitate Sau Responsabilitate? Problema Responsabilitatii Si a Angajamentului În Arta Contemporana/ The Art World: Immunity or Responsibility? The Question of the Responsibility and the Engagement in the Contemporary Art. Journal for the Study of Religions and Ideologies 2 (4):13-25.score: 25.0
    This study analyzes the relevance in the art world of an ethical and juridical category as the responsibility, as well as its content and limits. The acceptance of the idea of responsibility of the artists depends on the manner in which the “art world” and its frontiers are comprehended - as an autonomous and closed realm or, on the contrary, as a space open to the public control. If the modernist logic of the autonomy had led to the emergence of (...)
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  25. Jonathan Lamb (2011). The Things Things Say. Princeton University Press.score: 24.0
    Prologue -- Part 1: Property, personification, and idols: Owning things; the crying of lost things; making babies in the South Seas; the growth of idols; The rape of the lock as still life -- Part 2: Persons and fictions: Locke's wild fancies; fictionality and the representation of persons -- Part 3: Authors and nonpersons: me and my ink; things as authors; authors owning nothing.
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  26. D. L. D'Avray (2010). Rationalities in History: A Weberian Essay in Comparison. Cambridge University Press.score: 24.0
    Universal and specific rationalities -- The structure of values and convictions -- The dynamics of values and convictions -- The value-instrumental interface -- Formal rationality -- The formal-substantive interface -- Appendix: Rationalities in a case before the Congregation of the Council.
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  27. Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan (2009). Resources for Research on Analogy: A Multi-Disciplinary Guide. Informal Logic 29 (2):84-197.score: 24.0
    Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...)
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  28. Robin James (2011). &Quot;feminist Aesthetics, Popular Music, and the Politics of the 'Mainstream'&Quot;. In L. Ryan Musgrave (ed.), Feminist Aesthetics and Philosophy of Art. Springer.score: 21.0
    While feminist aestheticians have long interrogated gendered, raced, and classed hierarchies in the arts, feminist philosophers still don’t talk much about popular music. Even though Angela Davis and bell hooks have seriously engaged popular music, they are often situated on the margins of philosophy. It is my contention that feminist aesthetics has a lot to offer to the study of popular music, and the case of popular music points feminist aesthetics to some of its own limitations and unasked (...)
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  29. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.score: 21.0
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  30. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).score: 21.0
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  31. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.score: 21.0
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  32. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.score: 21.0
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  33. Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).score: 21.0
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  34. Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).score: 21.0
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  35. Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.score: 21.0
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide or crimes (...)
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  36. Douglas Husak (2010). Mistake of Law and Culpability. Criminal Law and Philosophy 4 (2):135-159.score: 21.0
    When does a defendant not deserve punishment because he is unaware that his conduct breaches a penal statute? Retributivists must radically rethink their answer to this question to do justice to our moral intuitions. I suggest that modest progress on this topic can be made by modeling our approach to ignorance of law on our familiar approach to ignorance of fact. We need to distinguish different levels of culpability in given mistakes and to differentiate what such mistakes may be about. (...)
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  37. David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.score: 21.0
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  38. Bence Nanay (forthcoming). Philosophy of Perception as a Guide to Aesthetics. In Greg Currie, Aaron Meskin, Matthew Kieran & Jon Robson (eds.), Aesthetics and the Sciences of the Mind.score: 21.0
    The aim of this paper is to argue that it is a promising avenue of research to consider philosophy of perception to be a guide to aesthetics. More precisely, my claim is that many, maybe even most, traditional problems in aesthetics are in fact about philosophy of perception that can, as a result, be fruitfully addressed with the help of the conceptual apparatus of philosophy of perception. This claim may sound provocative, but after qualifying what I mean by (...)
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  39. Re'em Segev (forthcoming). Moral Rightness and the Significance of Law: Why, How and When Mistake of Law Matters. University of Toronto Law Journal, Forthcoming.score: 21.0
    The question of whether a mistake of law should negate or mitigate criminal liability is commonly considered to be pertinent to the culpability of the agent, often examined in light of the (epistemic) reasonableness of the mistake. I argue that this view disregards an important aspect of this question, namely whether a mistake of law affects the rightness of the action, particularly in light of the moral significance of the mistake. I argue that several plausible premises, regarding moral rightness under (...)
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  40. H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.score: 21.0
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  41. Despina Dokoupilova (2013). Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):315-339.score: 21.0
    This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment (...)
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  42. René Foqué (2008). Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW] Criminal Law and Philosophy 2 (3):207-227.score: 21.0
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...)
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  43. Roger A. Shiner (2009). Theorizing Criminal Law Reform. Criminal Law and Philosophy 3 (2):167-186.score: 21.0
    How are we to understand criminal law reform? The idea seems simple—the criminal law on the books is wrong: it should be changed. But 'wrong’ how? By what norms 'wrong’? As soon as one tries to answer those questions, the issue becomes more complex. One kind of answer is that the criminal law is substantively wrong: that is, we assume valid norms of background political morality, and we argue that doctrinally the criminal law on the books does not embody those (...)
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  44. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge.score: 21.0
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  45. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.score: 21.0
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  46. Jonathan Witmer-Rich (2011). It's Good to Be Autonomous: Prospective Consent, Retrospective Consent, and the Foundation of Consent in the Criminal Law. [REVIEW] Criminal Law and Philosophy 5 (3):377-398.score: 21.0
    What is the foundation of consent in the criminal law? Classically liberal commentators have offered at least three distinct theories. J.S. Mill contends we value consent because individuals are the best judges of their own interests. Joel Feinberg argues an individual’s consent matters because she has a right to autonomy based on her intrinsic sovereignty over her own life. Joseph Raz also focuses on autonomy, but argues that society values autonomy as a constituent element of individual well-being, which it is (...)
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  47. Christoph Menke (2010). Not Yet. The Philosophical Significance of Aesthetics. Nordic Journal of Aesthetics 21 (39).score: 21.0
    The paper asks for the preconditions and the consequences of the emergence of aesthetics in and for philosophy. The question is: what does it mean for philosophy to engage the question of the aesthetic? My answer will be: it means nothing less than putting philosophy in question. Or, more precisely: by engaging the question of the aesthetic, philosophy puts itself in question. In order to show this, I will refer to a brief passage in the Phenomenology of the Spirit (...)
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  48. J. J. Tinguely (2013). Kantian Meta-Aesthetics and the Neglected Alternative. British Journal of Aesthetics 53 (2):211-235.score: 21.0
    In this article, firstly, I begin by articulating four logically different positions Kant has been argued to hold concerning the nature and meaning of ‘aesthetic judgement’ so that, secondly, I may endorse the alternative that has been almost entirely neglected: that is, aesthetic judgement should be understood to be both ‘internalist’ in that the pleasure of taste is a constitutive element of the judgement itself (rather than its external effect or prior referent) and ‘objective’ insofar as the pleasure of taste (...)
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  49. Darryl Brown (2009). History's Challenge to Criminal Law Theory. Criminal Law and Philosophy 3 (3):271-287.score: 21.0
    After briefly sketching an historical account of criminal law that emphasizes its longstanding reach into social, commercial and personal life outside the core areas of criminal offenses, this paper explores why criminal law theory has never succeeded in limiting the content of criminal codes to offenses that fit the criteria of dominant theories, particularly versions of the harm principle. Early American writers on criminal law endorsed no such limiting principles to criminal law, and early American criminal law consequently was substantively (...)
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