Results for 'William E. Conklin'

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  1.  42
    Hegel's Laws: the Legitimacy of a Modern Legal Order.William E. Conklin - 2008 - Stanford: Stanford University Press.
    Hegel's Laws serves as an accessible introduction to Hegel's ideas on the nature of law. In this book, William Conklin examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionality, the family, the role of the (...)
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  2. A Phenomenological Theory of the Human Rights of an Alien.William E. Conklin - 2006 - Ethical Perspectives 13 (3):411-467.
    International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...)
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  3. Notes . Discussion . Book reviews Hans Kelsen on Norm and language.William E. Conklin - 2006 - Ratio Juris 19 (1):101-126.
    This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...)
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  4. Hegel, the Author and Authority in Sophocles’ Antigone.William E. Conklin - 1997 - In Leslie G. Rubin (ed.), Justice V. Law in Greek Political Thought. Rowman & Littlefield Publishers. pp. 129-51.
    Abstract: William Conklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue, Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to (...)
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  5. The Utilitarian Theory of Equality Before the Law.William E. Conklin - 1976 - Ottawa Law Review 8 (3):485-517.
    This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...)
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  6.  80
    The trace of legal idealism in Derrida's grammatology.William E. Conklin - 1996 - Philosophy and Social Criticism 22 (5):17-42.
    Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposition between identity and non-identity. The soft 'a' refers to the production (...)
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  7.  46
    Hegel and a Third Theory of Law.William E. Conklin - 2016 - The Owl of Minerva 48 (1-2):57-74.
    Kenneth Westphal, in his “Hegel, Natural Law & Moral Constructivism,” offers an argument to the effect that Hegel elaborated a theory of natural law. Westphal contrasts such a natural law with positivism. Such a contrast holds out an either-or prospect: either Hegel is a legal positivist or he is a natural law thinker. I ask whether it is possible that Hegel elaborated a third theory of law other than that of positivism or of natural law. In addressing this possibility, I (...)
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  8.  14
    The Trap.William E. Conklin - 2002 - Law and Critique 13 (1):1-28.
    A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the (...)
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  9. The Legal Culture of Civilization: Hegel and His Categorization of Indigenous Americans.William E. Conklin - 2014 - Wilfred Laurier University Press.
    The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...)
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  10. Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...)
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  11.  54
    Hegel and a Third Theory of Law.William E. Conklin - 2016 - The Owl of Minerva 48 (1/2):57-74.
    Kenneth Westphal, in his “Hegel, Natural Law & Moral Constructivism,” offers an argument to the effect that Hegel elaborated a theory of natural law. Westphal contrasts such a natural law with positivism. Such a contrast holds out an either-or prospect: either Hegel is a legal positivist or he is a natural law thinker. I ask whether it is possible that Hegel elaborated a third theory of law other than that of positivism or of natural law. In addressing this possibility, I (...)
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  12. The invisible author of legal authority.William E. Conklin - 1996 - Dordrecht, Netherlands: Kluwer.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...)
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  13.  9
    Essays on Third World Perspectives in Jurisprudence.M. L. Marasinghe & William E. Conklin - 1984 - Malaya: Malayan Law Review.
    This anthology has contributions about the role of legal perspectives in many countries of the South.
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  14. Anderson, James and Rosenfeld, Edward (eds.), Talking Nets: An Oral History of Neural Networks. Cambridge, MA: MIT Press, 1998. Bahn, Paul G., The Cambridge Illustrated History of Prehistoric Art (= Cambridge Illustrated History). New York: Cambridge University Press, 1998. Barondes, Samuel H., Mood Genes: Hunting for Origins of Mania and Depression. New York. [REVIEW]Hugh Beyer, Karen Holtzblatt, D. L. Blank, Brian P. Bloomfield, Rod Coombs, David Knights, Dale Littler, Bob Carpenter & William E. Conklin - 2000 - Semiotica 128 (1/2):195-198.
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  15. William E. Conklin, The Phenomenology of Modern Legal Discourse: The Juridical Production and the Disclosure of Suffering Reviewed by.Brian Hendrix - 2000 - Philosophy in Review 20 (5):329-331.
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  16.  29
    Book Review Section 3. [REVIEW]Max A. Bailey, Kenneth R. Conklin, William J. Mathis, Harold J. Noah, John Bremer, Beatrice E. Sarlos, Eric Russell Lacy, David W. Minar, Dabney Park Jr, Nathan Kravetz, Allan R. Sullivan, Dwight W. Allen, Joel H. Spring, Walden Crabtree & Leo D. Leonard - 1973 - Educational Studies 4 (1):35-48.
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  17.  40
    Windsor Yearbook of Access to Justice Vols. 1 and 2 William E. Conklin, Peter P. Mercer, Chris J. Wydrazynski, D. Charles James, and Brian M. Mazer, editors Windsor: University of Windsor, 1981 and 1982. Vol. 1, pp. 361; vol. 2, pp. 379. Subscription rate: $25.00 per volume. [REVIEW]Brenda M. Baker - 1984 - Dialogue 23 (4):734-738.
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  18. Note Sur la Bibliographie Recente (2000-2005) du de Memoria D’Aristote.Claudio William Veloso & R. E. Y. Puente Fernando - 2005 - Méthexis 18 (1):97-117.
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  19.  57
    Divine Simplicity: WILLIAM E. MANN.William E. Mann - 1982 - Religious Studies 18 (4):451-471.
    In The City of God , XI, 10, St Augustine claims that the divine nature is simple because ‘it is what it has’ . We may take this as a slogan for the Doctrine of Divine Simplicity , a doctrine which finds its way into orthodox medieval Christian theological speculation. Like the doctrine of God's timeless eternality, the DDS has seemed obvious and pious to many, and incoherent, misguided, and repugnant to others. Unlike the doctrine of God's timeless eternality, the (...)
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  20.  12
    Facing the Planetary: Entangled Humanism and the Politics of Swarming.William E. Connolly - 2017 - Duke University Press.
    In _Facing the Planetary_ William E. Connolly expands his influential work on the politics of pluralization, capitalism, fragility, and secularism to address the complexities of climate change and to complicate notions of the Anthropocene. Focusing on planetary processes—including the ocean conveyor, glacier flows, tectonic plates, and species evolution—he combines a critical understanding of capitalism with an appreciation of how such nonhuman systems periodically change on their own. Drawing upon scientists and intellectuals such as Lynn Margulis, Michael Benton, Alfred North (...)
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  21. The terms of political discourse.William E. Connolly - 1974 - Princeton, NJ: Princeton University Press.
    William Connolly presents a lucid and concise defense of the thesis of "essentially contested concepts" that can well be read as a general introduction to political theory, as well as for its challenge to the prevailing understanding of political discourse. In Connolly's view, the language of politics is not a neutral medium that conveys ideas independently formed but an institutionalized structure of meanings that channels political thought and action in certain directions. In the new preface he pursues the implications (...)
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  22. Panpsychism.William E. Seager, Philip Goff & Sean Allen-Hermanson - 2022 - Stanford Encyclopedia of Philosophy.
    1 Non-reductive physicalists deny that there is any explanation of mentality in purely physical terms, but do not deny that the mental is entirely determined by and constituted out of underlying physical structures. There are important issues about the stability of such a view which teeters on the edge of explanatory reductionism on the one side and dualism on the other (see Kim 1998). 2 Save perhaps for eliminative materialism (see Churchland 1981 for a classic exposition). In fact, however, while.
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  23. Why not uncivil disobedience?William E. Scheuerman - 2022 - Critical Review of International Social and Political Philosophy 25 (7):980-999.
    An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and theorized. Notwithstanding legitimate skepticism about Rawlsian (...)
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  24.  27
    Crossing the Shareholder-First Border.William P. Smith & Barrie E. Litzky - 2019 - Proceedings of the International Association for Business and Society 30:66-72.
    This project investigates critical issues and events related to Trek Therapeutics experience as a public benefit corporation. We will present and discuss how Trek differentiates itself in an industry where the attention is on high prices supporting high investor returns. Trek’s benefit corporation status helped it garner favorable attention in some respects, but has also presented challenges, particularly when it comes to attracting new capital.
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  25.  4
    Tokyo Cocktail.E. H. S. & William Melhorn - 1962 - Journal of the American Oriental Society 82 (1):141.
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  26. Identity, difference: democratic negotiations of political paradox.William E. Connolly - 1991 - Minneapolis, MN: University of Minnesota Press.
    In this foundational work in contemporary political theory, William Connolly makes a distinctive contribution to our understanding of the relationship between ...
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  27. Disease and Diagnosis Value-Dependent Realism / by William E. Stempsey.William E. Stempsey - 1999
  28. Representationalism about consciousness.William E. Seager & David Bourget - 2007 - In Max Velmans & Susan Schneider (eds.), The Blackwell Companion to Consciousness. New York: Wiley-Blackwell. pp. 261-276.
    A representationalist-friendly introduction to representationalism which covers a number of central problems and objections.
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  29.  18
    Pluralism.William E. Connolly - 2005 - Duke University Press.
    Over the past two decades, the renowned political theorist William E. Connolly has developed a powerful theory of pluralism as the basis of a territorial politics. In this concise volume, Connolly launches a new defense of pluralism, contending that it has a renewed relevance in light of pressing global and national concerns, including the war in Iraq, the movement for a Palestinian state, and the fight for gay and lesbian rights. Connolly contends that deep, multidimensional pluralism is the best (...)
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  30. Embodiment and the Perceptual Hypothesis.William E. S. McNeill - 2012 - Philosophical Quarterly 62 (247):569 - 591.
    The Perceptual Hypothesis is that we sometimes see, and thereby have non-inferential knowledge of, others' mental features. The Perceptual Hypothesis opposes Inferentialism, which is the view that our knowledge of others' mental features is always inferential. The claim that some mental features are embodied is the claim that some mental features are realised by states or processes that extend beyond the brain. The view I discuss here is that the Perceptual Hypothesis is plausible if, but only if, the mental features (...)
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  31.  36
    Donald Trump meets Carl Schmitt.William E. Scheuerman - 2019 - Philosophy and Social Criticism 45 (9-10):1170-1185.
    By revisiting late-Weimar debates between Carl Schmitt and two left-wing critics, Otto Kirchheimer and Franz L Neumann, we can shed light on the surprising alliance of populist politics with key tenets of economic liberalism, an alliance that vividly manifests itself in the political figure and retrograde policies of Donald Trump. In the process, we can begin to fill a striking lacuna in recent scholarly literature on populism, namely its failure to pay proper attention to matters of political economy. We can (...)
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  32.  29
    Lawful disorganization: The process underlying a schizophrenic syndrome.William E. Broen & Lowell H. Storms - 1966 - Psychological Review 73 (4):265-279.
  33.  40
    Why I Am Not a Secularist.William E. Connolly - 1999 - Univ of Minnesota Press.
    But in Why I Am Not a Secularist, distinguished political theorist William E. Connolly argues that secularism, although admirable in its pursuit of freedom and diversity, too often undercuts these goals through its narrow and intolerant ...
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  34.  47
    Simplicity and Properties: A Reply to Morris: WILLIAM E. MANN.William E. Mann - 1986 - Religious Studies 22 (3-4):343-353.
    The doctrine of divine simplicity, the doctrine that God has no physical or metaphysical complexity whatsoever, is not a doctrine designed to induce immediate philosophical acquiescence. There are severe questions about its coherence. And even if those questions can be answered satisfactorily in favour of the doctrine, there remains the question why anyone should accept it. Thomas V. Morris raises both sorts of questions about a version of the doctrine which I have put forward. In the following pages I shall (...)
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  35. William Whewell's Theory of Scientific Method.William Whewell & Robert E. Butts - 1968 - University of Pittsburgh Press.
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  36.  25
    A world of becoming.William E. Connolly - 2011 - Durham, NC: Duke University Press.
    Complexity, agency, and time -- The vicissitudes of experience -- Belief, spirituality, and time -- The human predicament -- Capital flows, sovereign decisions, and world resonance machines -- The theorist and the seer.
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  37.  13
    The Fragility of Things: Self-Organizing Processes, Neoliberal Fantasies, and Democratic Activism.William E. Connolly - 2013 - Duke University Press.
    In _The Fragility of Things_, eminent theorist William E. Connolly focuses on several self-organizing ecologies that help to constitute our world. These interacting geological, biological, and climate systems, some of which harbor creative capacities, are depreciated by that brand of neoliberalism that confines self-organization to economic markets and equates the latter with impersonal rationality. Neoliberal practice thus fails to address the fragilities it exacerbates. Engaging a diverse range of thinkers, from Friedrich Hayek, Michel Foucault, Hesiod, and Immanuel Kant to (...)
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  38.  26
    Metaphysical presuppositions.William E. Kennick - 1955 - Journal of Philosophy 52 (25):769-780.
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  39. The 'intrinsic nature' argument for panpsychism.William E. Seager - 2006 - Journal of Consciousness Studies 13 (10-11):129-145.
    Strawson’s case in favor of panpsychism is at heart an updated version of a venerable form of argument I’ll call the ‘intrinsic nature’ argument. It is an extremely interesting argument which deploys all sorts of high caliber metaphysical weaponry (despite the ‘down home’ appeals to common sense which Strawson frequently makes). The argument is also subtle and intricate. So let’s spend some time trying to articulate its general form.
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  40.  28
    Homo religiosus: The Soul of Bioethics.William E. Stempsey - 2021 - Journal of Medicine and Philosophy 46 (2):238-253.
    Although many of the pioneers of present-day bioethics came from religious and theological backgrounds, the recent controversy about the role of religion in bioethics has elicited much attention. Timothy Murphy would ban religion from bioethics altogether. Much of the ado hinges on conflicting understandings of just what bioethics is and just what religion is. This paper attempts to make more explicit how the fields of bioethics and religion have been understood in this context, and how they should not be understood. (...)
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  41.  11
    The End of Law: Carl Schmitt in the Twenty-First Century.William E. Scheuerman - 2019 - Rowman & Littlefield International.
    Scholarly and political interest in the controversial 20th Century German thinker Carl Schmitt has exploded in the last twenty years. This volume, focusing directly on Schmitt’s complex ideas about law, situates his views within broader debates about the rule of law and its fate, taking seriously his Nazi-era political and legal writings.
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  42.  53
    Beyond Good and Evil.William E. Connolly - 1993 - Political Theory 21 (3):365-389.
    To be ashamed of one's immorality—that is a step on the staircase at whose end one is also ashamed of one's morality. Friedrich Nietzsche.
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  43. Between radicalism and resignation: democratic theory in Habermas's Between Facts and Norms.William E. Scheuerman - 1999 - In Peter Dews (ed.), Habermas: a critical reader. Malden, Mass., USA: Blackwell. pp. 153--77.
     
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  44.  47
    Effects of materiality, risk, and ethical perceptions on fraudulent reporting by financial executives.William E. Shafer - 2002 - Journal of Business Ethics 38 (3):243 - 262.
    This paper examines fraudulent financial reporting within the context of Jones' (1991) ethical decision making model. It was hypothesized that quantitative materiality would influence judgments of the ethical acceptability of fraud, and that both materiality and financial risk would affect the likelihood of committing fraud. The results, based on a study of CPAs employed as senior executives, provide partial support for the hypotheses. Contrary to expectations, quantitative materiality did not influence ethical judgments. ANCOVA results based on participants' estimates of the (...)
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  45. Does traditional aesthetics rest on a mistake?William E. Kennick - 1958 - Mind 67 (267):317-334.
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  46.  48
    The realist case for global reform.William E. Scheuerman - 2011 - Cambridge: Polity Press.
    Does a hard-headed realist approach to international politics necessarily involve scepticism towards progressive foreign policy initiatives and global reform? Should proponents of realism always be seen as morally complacent and politically combative? In this major reconsideration of the main figures of international political theory, Bill Scheuerman challenges conventional wisdom to reveal a neglected tradition of progressive realism with much to contribute to contemporary debates about international policy-making and world government. Far from seeing international reform as well-meaning but potentially irresponsible idealism, (...)
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  47. Ethical pressure, organizational-professional conflict, and related work outcomes among management accountants.William E. Shafer - 2002 - Journal of Business Ethics 38 (3):263 - 275.
    This study examines the effects of ethical pressure on management accountants' perceptions of organizational-professional conflict, and related work outcomes. It was hypothesized that organizational pressure to engage in unethical behavior would increase perceived organizational-professional conflict, and that this perceived conflict would reduce organizational commitment and job satisfaction, and increase the likelihood of employee turnover. A survey was mailed to a random sample of Certified Management Accountants to assess perceptions of the relevant variables. The results of a structural equations model indicated (...)
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  48.  25
    Democracy, pluralism and political theory.William E. Connolly - 2007 - New York: Routledge, Taylor & Francis Group. Edited by Samuel Allen Chambers & Terrell Carver.
    William E. Connolly’s writings have pushed the leading edge of political theory, first in North America and then in Europe as well, for more than two decades now. This book draws on his numerous influential books and articles to provide a coherent and comprehensive overview of his significant contribution to the field of political theory. The book focuses in particular on three key areas of his thinking: Democracy: his work in democratic theory - through his critical challenges to the (...)
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  49.  31
    The Evangelical-Capitalist Resonance Machine.William E. Connolly - 2005 - Political Theory 33 (6):869-886.
    The alliance in the United States today between cowboy capitalism and evangelical Christianity cannot be understood sufficiently through the categories of efficient causality or ideological analysis. The constituencies fold similar spiritual dispositions into somewhat different ideologies and creeds. Each party then amplifies these dispositions in the other through the media politics of resonance. The ethos infusing the resonance machine is expressed without being articulated. The inability to grasp this political economy separate from the spiritualities infusing it may carry implications for (...)
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  50. Constituent power and civil disobedience: Beyond the nation-state?William E. Scheuerman - 2018 - Journal of International Political Theory 15 (1):49-66.
    Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...)
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