Results for 'Lorraine Weinrib'

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  1. Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law.Jacob Weinrib - 2016 - Cambridge University Press.
    In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...)
     
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  2.  51
    The Idea of Private Law.Ernest Joseph Weinrib - 1995 - Harvard University Press.
    The book combines philosophical exposition and legal analysis, and pays special attention to issues of tort law.
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  3.  12
    Corrective Justice.Ernest Joseph Weinrib - 2012 - Oxford University Press.
    Correlativity and personality -- The disintegration of duty -- Remedies -- Gain-based damages -- Punishment and disgorgement as contract remedies -- Unjust enrichment -- Incontrovertible benefit in Jewish law -- Poverty and property in Kant's system of rights -- Can law survive legal education?
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  4. Irigaray & Deleuze: Experiments in Visceral Philosophy.Tamsin E. Lorraine - 1999 - Cornell University Press.
  5. Deleuze and Guattari's Immanent Ethics: Theory, Subjectivity, and Duration.Tamsin Lorraine - 2011 - State University of New York Press.
    Explains how the work of Deleuze and Guattari speaks to feminism and other progressive movements.
     
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  6. Musicology and Theory: Where It's Been, Where It's Going.Renée Lorraine - 1993 - Journal of Aesthetics and Art Criticism 51 (2):235-244.
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  7.  30
    Feminist Lines of Flight From the Majoritarian Subject.Tamsin Lorraine - 2008 - Deleuze Studies 2 (Suppl):60-82.
    This paper characterises Deleuze and Guattari's conception of the majoritarian subject in A Thousand Plateaus as a particular – and inevitably transitory – manifestation of sexed and gendered subjectivity emerging with late capitalism from the always mutating flows of creative life and suggests that their notion of the schizo or nomadic subject can inspire feminist solutions to the impasses posed by contemporary forms of sexed, gendered, and sexual identity. Feminism can thus be conceived as a schizoanalytic practice that fosters the (...)
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  8. Living a Time Out of Joint.Tamsin Lorraine - 2003 - In Paul Patton & John Protevi (eds.), Between Deleuze and Derrida. Continuum.
  9.  98
    Toward a Moral Theory of Negligence Law.Ernest J. Weinrib - 1983 - Law and Philosophy 2 (1):37 - 62.
    This paper explores how the widely acknowledged conception of tort law as corrective justice is to be applied to the law of negligence. Corrective justice is an ordering of transactions between two parties which restores them to an antecedent equality. It is thus incompatible with the comprehensive aggregation of utilitarianism, and it stands in easy harmony with Kantian moral notions. This conception of negligence law excludes both maximizing theories, such as Holmes' and Posner's, and Fried's risk pool, which combines Kantianism (...)
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  10. Review Essay : Bill Martin, Matrix and Line: Derrida and the Possibilities of Postmodern Social Theory (Albany, Ny: Suny Press, 1992). [REVIEW]Tamsin Lorraine - 1996 - Philosophy and Social Criticism 22 (3):119-123.
  11.  16
    The Juridical Significance of Kant's 'Supposed Right to Lie'.Jacob Weinrib - 2008 - Kantian Review 13 (1):141-170.
    In his ‘On a Supposed Right to Lie from Philanthropy’ Kant makes the astonishing claim that one is not entitled to lie even to save a friend from a murderer. This claim has been an embarrassment for Kant's defenders and an indication of Kant's excessive rigour for his detractors. Responses to SRL fall into three main groups. The first of these groups, that of Kant's critics, claim that SRL demonstrates that Kant's ethical views are so rigorous that they become abhorrent (...)
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  12.  90
    Obedience to the Law in Plato's Crito.Ernest J. Weinrib - 1982 - American Journal of Jurisprudence 27 (1):85-108.
    Plato's Crito is not a treatise on obedience to the law, but a dialogue whose interpretation is not determined by its surface meaning. The initial dream is not mere ornamentation; rather it points to the range of possibilities in Socrates' situation. The speeches of the Laws, with which the dialogue closes, are not intended to be philosophically cogent, since they are inconsistent with the principles laid out in the preceding conversation between Socrates and Crito. The arguments of the Laws are (...)
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  13.  2
    When Trumps Clash: Dworkin and the Doctrine of Proportionality.Jacob Weinrib - 2017 - Ratio Juris 30 (3):341-352.
    If there is one point on which defenders and critics of the doctrine of proportionality agree, it is that Dworkin's rights as trumps model stands as a radical alternative to the doctrine. Those who are sympathetic to proportionality reject the rights as trumps model for failing to acknowledge that there are conditions under which a right may be justifiably infringed. In turn, those who regard rights as trumps reject the doctrine of proportionality for failing to take rights seriously. This paper (...)
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  14.  26
    Aristotle's Forms of Justice.Ernest J. Weinrib - 1989 - Ratio Juris 2 (3):211-226.
    . In Aristotle's account, corrective and distributive justice are not particular substantive ideals, but are rather the formal patterns that inhere in interactions and in the legal arrangements that regulate them. Corrective and distributive justice are the structures of ordering internal to transactions and distributions, respectively. The Aristotelian. forms of justice thus constitute the rationality immanent to the relation ships of mutually external beings. This article stresses Aristotle's formalism, contrasting it to modem instrumental conceptions of legal rationality, and defending it (...)
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  15.  1
    Correlativity, Personality, and the Emerging Consensus on Corrective Justice.Ernest J. Weinrib - 2001 - Theoretical Inquiries in Law 2 (1).
    Over the last few decades, corrective justice has established itself as central to serious academic discussion of the normative dimension of tort liability. This article describes the consensus about corrective justice that is presently emerging, as is evident from work of the author and from recent work of other tort theorists. The framework for discussing this emerging consensus is what the article calls "the juridical conception of corrective justice." The juridical conception seeks to explicate the most general ideas implicit in (...)
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  16.  1
    Restitutionary Damages as Corrective Justice.Ernest J. Weinrib - 2001 - Theoretical Inquiries in Law 1 (1).
    For corrective justice, liability is the consequence of the parties' being correlatively situated as the doer and sufferer of an injustice, and the remedy is seen as undoing that injustice to the extent possible. Combining consideration of legal doctrine and private law theory, this article applies the framework of corrective justice to gain-based damages for torts. Within this framework, restitutionary damages ought to be available only insofar as they correspond to a constituent element in the injustice that the defendant has (...)
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  17.  12
    Causal Uncertainty.Ernest J. Weinrib - 2016 - Oxford Journal of Legal Studies 36 (1):135-164.
    This article examines, from the standpoint of corrective justice, three basic situations of causal uncertainty in the law of negligence. In the first situation the uncertainty is about which of the possible defendants wrongfully caused the injury. In the second situation the uncertainty is whether the injury resulted from the innocent or the wrongful aspect of the defendant’s activity. In the third situation the uncertainty is whether the defendant’s negligence failed to prevent the materialisation of an independently existing risk. In (...)
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  18.  19
    Permissive Laws and the Dynamism of Kantian Justice.Jacob Weinrib - 2014 - Law and Philosophy 33 (1):105-136.
    If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be brought into (...)
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  19.  12
    Oedipus and the Anoedipal Transsexual.Tamsin Lorraine - 2002 - In Kelly Oliver & Steve Edwin (eds.), Between the Psyche and the Social: Psychoanalytic Social Theory. Rowman & Littlefield. pp. 1.
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  20.  9
    Assuming a Body: Transgender and Rhetorics of Materiality (Review).Tamsin Lorraine - 2012 - Philosophia: A Journal of Feminist Continental Philosophy 2 (1):100-104.
  21.  15
    Nietzsche and Feminism.Tamsin Lorraine - 1994 - International Studies in Philosophy 26 (3):13-21.
  22.  7
    Kant on Citizenship and Universal Independence.Jacob Weinrib - 2008 - Australian Journal of Legal Philosophy 33.
    Kant's political philosophy draws a distinction between 'passive' citizens who are merely protected by the law and 'active' citizens who may also contribute to it. Although the distinction between passive and active citizens is often dismissed by scholars as an 'illiberal and undemocratic' relic of eighteenth century prejudice, the distinction is found in every democracy that distinguishes between mere inhabitants -- such as tourists and guestworkers -- and enfranchised citizens. The purpose of this essay is both interpretive and suggestive. First, (...)
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  23. Howard Williams, Kant's Political Philosophy Reviewed By.Ernest J. Weinrib - 1984 - Philosophy in Review 4 (6):301-302.
     
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  24.  3
    What Can Kant Teach Us About Legal Classification?Jacob Weinrib - 2010 - Canadian Journal of Law and Jurisprudence 23 (1):203-232.
    In Dimensions of Private Law, Professor Stephen Waddams describes the obstacles that an adequate classification of private law must overcome. The purpose of this essay is to offer a theoretical account of legal classification that explains how these obstacles can be overcome and what the resulting classification of private law might look like. I begin with the catalogue of obstacles that Waddams presents and argue that, because they are rooted in misconceptions about the classificatory project, they pose no threat to (...)
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  25.  1
    What Do Pause Patterns in Non-Fluent Aphasia Tell Us About Monitoring Speech? A Study of Morpho-Syntactic Complexity, Accuracy and Fluency in Agrammatic Sentence and Connected Discourse Production.Sahraoui Halima, Mauclair Julie, Baqué Lorraine & Nespoulous Jean-Luc - 2015 - Frontiers in Psychology 6.
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  26.  3
    Helfgott's Musical Offerings.Renée Cox Lorraine - 1997 - Philosophy and Literature 21 (2):346-351.
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  27. Legal Philosophy.Alan Brudner, Ernest Joseph Weinrib, Brian Langille & Jennifer Nedelsky - 1989 - Faculty of Law, University of Toronto.
     
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  28. ''Please Shoot the Piano Player!''+'Shine'-The David Helfgott Debate.D. Dutton, P. Feuchtwanger, R. C. Lorraine, E. Silsbury, P. Herzog, J. Judkins, S. Godlovitch, F. Leibowitz & K. Bazzana - 1997 - Philosophy and Literature 21 (2):332-391.
     
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  29. Book Reviews: Refiguring the Ordinary. By Gail Weiss, Narrative Identity and Moral Identity. By Kim Atkins and the Signifying Body: Toward an Ethics of Sexual and Racial Difference. By Penelope Ingram. [REVIEW]Tamsin Lorraine - 2010 - Hypatia 25 (1):234-239.
  30. Between the Psyche and the Social: Psychoanalytic Social Theory.Tamsin Lorraine, Robyn Ferrell, Kelly Oliver, Kalpana Seshadri-Crooks, Frances Restuccia, E. Ann Kaplan, Catherine Peebles, Emily Zakin, Lisa Walsh & Cynthia Willett - 2001 - Rowman & Littlefield Publishers.
    Between the Psyche and the Social is the first collection that specifically features the field of psychoanalytic social theory emerging in and between psychoanalysis, feminism, postcolonial studies, and queer theory, and across the disciplines of philosophy, literary, film, and cultural studies. This collection of essays takes the psychoanalytic study of social oppression in some new directions by engaging—indeed, stirring up—unconscious fantasies and ethical tensions at the heart of social subjectivity.
     
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  31. Deleuze and Guattari's Immanent Ethics: Theory, Subjectivity, and Duration.Tamsin Lorraine - 2012 - State University of New York Press.
    _Explains how the work of Deleuze and Guattari speaks to feminism and other progressive movements._.
     
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  32. Feminism and Poststructuralism: A Deleuzian Approach.Tamsin Lorraine - 2007 - In Linda Alcoff & Eva Feder Kittay (eds.), The Blackwell Guide to Feminist Philosophy. Blackwell.
  33. Music, Tendencies, and Inhibitions: Reflections on a Theory of Leonard Meyer.Renee Cox Lorraine - 2001 - Scarecrow Press.
     
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  34. Nietzsche and Feminism: Transvaluing Women in Thus Spoke Zarathustra.Tamsin Lorraine - 1994 - International Studies in Philosophy 26 (3):13-21.
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  35. Susan Wendell, The Rejected Body: Feminist Philosophical Reflections on Disability.R. C. Lorraine - 1997 - Philosophy in Review 17:149-151.
  36. Legal Formalism.Ernest J. Weinrib - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell.
     
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  37. The Bat Mitzvah Treasury: A Collection of Illumination, Calligraphy, Inspiring Messages, Essays, and Laws for the Young Woman as She Becomes Bat Mitzvah.Yonah Weinrib - 2004 - Mesorah Publications.
     
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  38. The Idea of Private Law.Ernest J. Weinrib - 1995 - Oxford University Press UK.
    This revised edition of The Idea of Private Law makes one of the major works of modern legal theory accessible to a new generation of lawyers and students. It includes a new introduction by the author, looking back at the work, its origins, and its aspirations.
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  39.  20
    Lorraine Besser-Jones, Eudaimonic Ethics: The Philosophy and Psychology of Living Well. [REVIEW]Sven Nyholm - 2014 - Notre Dame Philosophical Reviews 2014.
    Besser-Jones holds that well-being consists in having the experience of satisfying three innate psychological needs at the core of human nature: "relatedness," "autonomy," and "competence." Of these three, the first is the most central one, and we satisfy it by interacting with our fellows in caring and respectful ways: by "acting well." To act well, we need, Besser-Jones argues, a virtuous character: we need certain moral beliefs, and we need those to interact with our intentions in ways that reliably lead (...)
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  40.  48
    Frege, August Bebel and the Return of Alsace-Lorraine: The Dating of the Distinction Between Sinn and Bedeutung.Göran Sundholm - 2001 - History and Philosophy of Logic 22 (2):57-73.
    A detailed chronology is offered for the writing of Frege's central philosophical essays from the early 1890s. Particular attention is given to (the distinction between) Sinn and Bedeutung. Suggestions are made as to the origin of the examples concerning the Morning Star/Evening Star and August Bebel's views on the return of Alsace-Lorraine. Likely sources are offered for Frege's use of the terms Bestimmungsweise, Art des Gegebenseins and Sinn und Bedeutung.
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  41.  8
    Who is the Scientist-Subject? A Critique of the Neo-Kantian Scientist-Subject in Lorraine Daston and Peter Galison’s Objectivity.Esha Shah - 2017 - Minerva 55 (1):117-138.
    The main focus of this essay is to closely engage with the role of scientist-subjectivity in the making of objectivity in Lorraine Daston and Peter Galison’s book Objectivity, and Daston’s later and earlier works On Scientific Observation and The Moral Economy of Science. I have posited four challenges to the neo-Kantian and Foucauldian constructions of the co-implication of psychology and epistemology presented in these texts. Firstly, following Jacques Lacan’s work, I have argued that the subject of science constituted by (...)
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  42.  15
    Reseña del libro Breve Historia de la Atención Científica de Lorraine Daston. [REVIEW]Damian Islas - 2014 - Dianoia (72):173-175.
    El libro de Lorraine Daston Breve Historia de la Atención Científica, publicado en español por editorial La Cifra en el 2012, consta de seis apartados a través de los cuales Daston formula una interesante pregunta desde las perspectivas de la psicología de la investigación científica y la epistemología de la historia natural: por qué, cuándo y cómo ocurre que los científicos dirigen su atención sobre determinados objetos de estudio y no sobre otros. O visto desde otro punto de vista, (...)
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  43. Lorraine Code.Lorraine Code - 1998 - In Alcoff Linda (ed.), Epistemology: The Big Questions. Blackwell. pp. 124.
  44.  25
    Corrective Justice, by Ernest J. Weinrib.A. Botterell - 2014 - Mind 123 (491):966-970.
    A review of Ernest Weinrib's _Corrective Justice_.
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  45.  1
    The Purpose of Awarding Restitutionary Damages: A Reply to Professor Weinrib.James Gordley - 2001 - Theoretical Inquiries in Law 1 (1).
    Professor Ernest Weinrib has argued that restitutionary damages must be understood, not as a deterrent to wrongful conduct, but as a requirement of commutative Justice. Professor Gordley agrees, but claims that a purposive understanding of commutative Justice can shed more light on restitutionary damages than the formal understanding of Professor Weinrib. A purposive understanding enables us to distinguish appropriation of a right from mere inteference, to distinguish true restitutionary damages from damages in lieu of a forced sale or (...)
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  46.  37
    Review of Lorraine Daston & Katharine Park, Wonders and the Order of Nature, 1150-1750. [REVIEW]John Sutton - 1999 - Times Literary Supplement 5001.
    Curious about the nature of light, Robert Boyle spent a series of late nights taking detailed observations of shining veal shanks, stinking fish, pieces of rotten wood which glowed in the dark, and a ‘noctiluca’ distilled from human urine. Once, report Lorraine Daston and Katharine Park, with "only a foot-boy" to assist him, Boyle put a luminous diamond to the nocturnal test, "plunging it into oil and acid, spitting on it, and ‘taking it into bed with me, and holding (...)
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  47.  4
    Introduction to The Challenge of Epistemic Responsibility: Essays in Honour of Lorraine Code.Anna Mudde - unknown
    This paper introduces The Challenge of Epistemic Responsibility: Essays in Honour of Lorraine Code. In this symposium of papers, invited by Feminist Philosophy Quarterly, the authors return to Code’s first book, Epistemic Responsibility, to re-read it, respond to it, and rethink Code’s articulation of epistemic responsibility anew, considering it in light of her other work and drawing it into contact with their own. This symposium is the outcome of a conference panel that Anna Mudde co-organized with Susan Dieleman, held (...)
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  48.  1
    Women's Memories in a Depressed Steel Valley: An Attempt to Deconstruct the Imaginings of Steel-Working Lorraine.Virginie Vinel - 2010 - Outlines. Critical Practice Studies 12 (2):113-125.
    This paper is based on a research conducted between 2004 and 2006 and dealing with the memories of women in a steel valley struck by depression since the seventies, in the North-Eastern part of France. The imagery of steel-producing Lorraine coalesced in a rather standardized way around the figure of the steelworker working at the blast furnace. This research and the exhibition which followed from it, highlighted the activities of women, in the working place as well as in the (...)
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  49. Morality in Practice: A Response to Claudia Card and Lorraine Code.Margaret Urban Walker - 2002 - Hypatia 17 (1):174-182.
    : I briefly reprise a few themes of my bookMoral Understandingsin order to address some questions about responsibility and justification. I argue for a thoroughly situated and naturalized view of moral justification that warns us not to take moral universalism too easily at face value. I also argue for the significance of reports of experience, among other kinds of empirical evidence, in testing the habitability of moral forms of life.
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  50. Reviews : Gerd Gigerenzer, Zeno Swijtink, Theodore Porter, Lorraine Daston, John Beatty and Lorenz Kruger, The Empire of Chance: How Probability Changed Science and Everyday Life, Cambridge: Cambridge University Press, 1989, £30.00, Xvii + 340 Pp. [REVIEW]Vito Signorile - 1990 - History of the Human Sciences 3 (2):279-286.
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