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William Conklin [15]William E. Conklin [14]
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William Conklin
University of Windsor
  1.  12
    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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  2.  43
    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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  3.  20
    Lon Fuller’s Phenomenology of Language.William E. Conklin - 2006 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 19 (2):93-125.
    This essay retrieves Lon Fuller's theory of language and the role of experience in such a theory. The essay distinguishes meaning from signification. A sign signifies or represents an object. Meaning is experienced before one ever signifies an object. Signification is cognitive. Meaning is bodily. Fuller locates meaning in what Hart excluded from legality as "pre-legal." In the pre-legal realm, meant ob­jects draw from memories and expectations. The memories may have been personally or collectively experienced. The analysis of rules takes (...)
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  4.  3
    Hegel and a Third Theory of Law in Advance.William E. Conklin - forthcoming - The Owl of Minerva.
    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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  5.  27
    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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  6.  16
    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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  7.  1
    The Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
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  8.  8
    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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  9.  6
    The Transformation of Meaning: Legal Discourse and Canadian Internment Camps.William E. Conklin - 1996 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 9 (3):227-256.
    This Paper addresses the question as to how legal officials of the Canadian state pictured “persons of the Japanese race” in their internment before, during and after their internment. The legislative and judicial internment and exile of Canadian citizens “of the Japanese race” reads as if the internment and exile is ‘natural’, inevitable, and reasonable and that the judicial decisions posed no choice for the judiciary except to support the internment and exile. The role of the judiciary was held out (...)
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  10.  23
    Hegel's Laws: The Legitimacy of a Modern Legal Order.William E. Conklin - 2008 - Stanford Law Books.
    Hegel's vocabulary -- Hegel's problematic -- Legal reasoning -- Persons, property, contract, and crime -- Legal formalism -- The ethicality of an ethos -- The shapes of family law -- The laws of civil society -- Constitutional shapes and the organic constitution -- Shapes of international law.
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  11.  61
    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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  12.  52
    Statelessness and Bernhard Waldenfels' Phenomenology of the Alien.William Conklin - 2007 - Journal of the British Society for Phenomenology 38 (3):280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...)
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