Legal scholarship emphasizes generalizing across places, time periods, and sources of law. Microcomputers can facilitate well-organized information retrieval systems, inductive statistical analysis, and prescriptive analysis working with goals to be achieved and available alternatives. Super-optimizing can help resolve legal disputes, dilemmas, and policy controversies whereby all sides, viewpoints, and ideological positions can come out ahead of their best initial expectations simultaneously. This book discusses these three important subjects by generating relevant principles based on developmental law, legal policy analysis, law (...) teaching, and the judicial process. (shrink)
Thirty years ago Richard Rorty detected the similarities between Wittgenstein's Philosophical Investigations (1953) and the philosophical framework of Charles S. Peirce (1839-1914), the founder of pragmatism. Rorty tried to show that Peirce envisaged and repudiated in advance logical positivism and developed insights and a philosophical mood very close to the analytical philosophers influenced by the later Wittgenstein (Rorty 1961). In spite of that, the majority of scholars have considered both thinkers as totally alien. Some scholars have attributed the pragmatist flavor (...) of the Philosophical Investigations to the influence of Frank P. Ramsey, who awoke Wittgenstein from the dogmatic slumber of the Tractatus. Nevertheless, the real scope of the influence of American pragmatist philosophy in Wittgenstein's later thought is not clearly known. The purpose of my paper is not to describe the common themes between Wittgenstein and Peirce, but the way in which recent scholarship has established some links between both philosophers. -/- . (shrink)
The authors of this study deplore the present gulf that lies between the creative writer and the scholar. In five stimulating essays on letters, language, literary history, criticism, and imaginative writing, they challenge our prevailing pedantries and offer a program for revitalizing literary scholarship in the universities. Authoritative and brilliantly written, this book anticipates a fuller place for humane learning in American life. Originally published in 1941. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest (...) in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value. (shrink)
The end of World War II marked the beginning of a new chapter in German Leibniz scholarship, with conferences all over the country gearing up to commemorate the 300th anniversary of his birth in 1946, and participants intent on promoting Leibniz as a pan-European thinker. Just a few years earlier, for obvious reasons, the outlook could not have been more different. To take one example, Oskar Becker, in his lecture, “Leibniz, the German Thinker and Good European,” had divided the (...) different versions of Leibniz up along strictly national lines: “In the international Leibniz literature of today the different aspects of his philosophy… are shown in the views of one nation from this, of another nation from that side. Thus for the West European scholars Louis Couturat and Bertrand Russell Leibniz is fundamentally a logician, while for the Germans he is fundamentally a metaphysician.”. (shrink)
This essay samples and describes the state of architectural scholarship across various platforms in the age of Cognitive Capitalism. The premise is that, much like scholarship in the Arts and Humanities generally, architectural scholarship suffers from the Either/Or schism between traditional academic research of a non-utilitarian form and the heavily mediatic practices of the mainstream – “mainstream” defined as both online and print publications that eschew the long-form essay or book in favor of the populist modality that (...) serves the neo-liberalization of the discipline. -/- The sampling includes the devolution of the thesis or dissertation to socio-cultural report and/or pseudo-scientific study, with speculative works relegated to the margins of architectural discourse. This shift, while emblematic of the “trade school” mentality of many architecture schools today, also signals a bias at large in the post-recession 2010s where research must be monetized to justify funding, or speculative work must adhere to a format that is dictated from the outside (from the regimes of capitalization imposed by publishers). (shrink)
The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations (...) of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of ‘speaking to ourselves’ as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women’s representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of “women’s issues” and thus ready dismissal as just another specialist area of international law in the era of fragmentation. (shrink)
The starting point for this paper is the ongoing debate about the relation between research and policy in education. Recent developments in England and Scotland are reviewed in the context of political and academic arguments about the nature and function of research activity. The defensiveness of the research community in the face of professional and political attacks is examined critically. A case study of the Higher Still programme is used to illustrate the complexity of the relationships between evidence, ideology, values (...) and professional practice. It is argued that the research community needs to become more politically sophisticated and to advance a clearer vision of its social function in advanced democratic societies if its potential contribution to educational development is to be realised. The dangers of a retreat to a narrow empirical role are highlighted. (shrink)
ABSTRACTDavis argues that the familiar periodization dividing European history into medieval and modern phases disguises a claim to power as a historical fact. It justifies slavery and subjugation by projecting them onto the “feudal” Middle Ages and non‐European present, while hiding forms of slavery and subjugation practiced by “secular” modernity. Periodization thus furnishes one of the most durable conceptual foundations for the usurpation of liberty and the abuse of power.In part I, devoted to “feudalism,” Davis traces the legal, political, and (...) colonial struggles behind the development of the concept of “feudal law” in early modern France and England and unravels just how that concept hides colonial oppression while justifying European sovereignty. In part II, devoted to “secularization,” she demonstrates the failure of twentieth‐century critics of “secularization” like Carl Schmitt, Walter Benjamin, Karl Löwith, Hans Blumenberg, and Reinhart Koselleck to break out of the limits imposed by the medieval/modern periodization. Part II concludes with a look at conceptual alternatives in the writings of Amitav Ghosh and the Venerable Bede.Three limitations of this book are worth mentioning. It traces the political history hidden by the concept of “feudalism,” but does not trace the political history hidden by the concept of “religion.” It offers no answer to the question of how to break the link between scholarship and politics without ending up in a logical impasse or reinforcing the link. It does not address the possibility that answering this question may require breaking with the terms of professional historical inquiry. Perhaps the question could be answered in terms like those that led Wittgenstein to characterize his Philosophical Investigations as remarks on the natural history of human beings. (shrink)
In a recent paper, Karl Schafer argues that Hume's theory of mental representation has two distinct components, unified by their shared feature of having accuracy conditions. As Schafer sees it, simple and complex ideas represent the intrinsic imagistic features of their objects whereas abstract ideas represent the relations or structures in which multiple objects stand. This distinction, however, is untenable for at least two related reasons. Firstly, complex ideas represent the relations or structures in which the impressions that are the (...) objects of their simple components stand. Secondly, abstract ideas are themselves instances of complex ideas. I draw two important conclusions from these facts. Firstly, contra Schafer and Garrett, the Copy Principle, properly emended, constitutes the entirety of Hume's theory of mental representation. Secondly, whereas paradigm examples of complex ideas, e.g. ideas of spatial and temporal complexes, are structured by relations of contiguity, abstract ideas are those complex ideas instead structured by relations of resemblance. As such, they represent their objects not as spatially or temporally contiguous but rather as resembling. (shrink)
L'érudition de Kilian McDonnell. o.s.b., un moine/prêtre bénédictin, a eu une grande influence sur le Pentecostalisme au niveau international et sur le renouveau charismatique dans les grandes Eglises grâce à l'attention anthropologique, psychologique et théologique que McDonnell apporte à sa recherche pentecostale, à sa direction dans le Dialogue International Classique Pentecostiste - Catholique-Romain, et à son rôle comme rédacteur de documents nationaux et internationaux. Il comprend les forces socio-culturelles à l'oeuvre dans le développement du Pentecostalisme, et contribua à déraciner une (...) image psychologique publique négative des Pentecostalistes. En théologie McDonnell fait justice à la densité christologique de la pneumatologie et en même temps insiste, en vertu d'une dynamique trinitaire, que l'Esprit n'est pas un partenaire mineur, mais égal au Fils, et aussi important que le Fils dans le plan de la rédemption. Par ses propositions trinitaires à la Société des Etudes Pentecostalistes il contribue à la réconciliation des Pentecostalistes Trinitaires et «de l'Unité», une division majeure dans le Pentecostalisme classique. Sa Confession des péchés de Mars 2000 apporte la guérison de vieilles blessures nécessaire pour le développement d'une compréhension oecuménique. Cette Confession des péchés peut marquer une phase nouvelle dans les rapports entre Pentecistalistes et catholiques. La force de McDonnell est essentiellement celle. (shrink)
There is a remarkable difference between that which Anglo-American legal philosophers more or less unanimously regard as their subject matter and that which prominent Continental writers have emphasized as one of the main topics for jurisprudential discussion. The latter have often directed their attention to something quite specific: not law or the aforementioned law-related phenomena, but the study of law, or legal scholarship. In particular, Continental writers have been interested in legal scholarship as it is characteristically produced by (...) law teachers. Some phrases that may be used to describe this type of scholarship are “doctrinal legal scholarship”, “legal dogmatics”, and “legal science in a narrow a sense”. This paper explains why Anglo-American theorists should keep their minds open to the idea that jurisprudence may take the doctrinal study of law as its subject matter. It also attempts to explain what doctrinal legal scholarship is, and thus engages in precisely the type of jurisprudential inquiry that it is out to promote. (shrink)
Thornhill, John The somewhat provocative title I have given this article may surprise readers aware that from the beginning of my work as a theologian I have been proud to be known as a follower of Aquinas. I am glad for this opportunity to explain my position. The main purpose of this article, however, is giving an account of the significant developments I refer to and what they can contribute to the life of God's people.
The study of letters, by Norman Foerster.--Language, by J.C. McGalliard.--Literary history, by René Wellek.--Literary criticism, by Austin Warren.--Imaginative writing, by W.L. Schramm.--Notes.--Bibliography (p. 239-255).
The first part considers a possible indigenous line of descent for modern Chinese historical scholarship. It argues that further research on late imperial kaozheng-studies is needed that should concentrate on the question of the relationship between scholarship and Confucian values in kaozheng-discourse. The second part uses the case of the late traditional scholar Cui Shu to exemplify the hypothesis that in kaozheng-studies scholarship and value were still highly integrated and that this falls into line with the general (...) position of history in the Confucian context. This hypothesis is further elaborated in the third part of the article which contrasts Cui Shu's heuristic approach with some of the basic ideas on method as they were developed within the historicist tradition. The author comes to the conclusion that the dissimilarities prevail. In the fourth part analogies between the heuristic discourse in kaozheng and in the European hermeneutic tradition are briefly discussed. It argues that analogies indeed exist but that these analogies are to be sought in the premodern or early modern stages of the development of European hermeneutics rather than in contemporary philosophical hermeneutics. (shrink)
The work of feminists in science may seem less voluminous and less theoretical than the feminist scholarship in some humanities and social science disciplines. However, the recent burst of scholarship on women and science allows categorization of feminist work into six distinct but related categories: 1) teaching and curriculum transformation in science, 2) history of women in science, 3) current status of women in science, 4) feminist critique of science, 5) feminine science, 6) feminist theory of science. More (...) feminists in science are needed to further explore science and its relationships to women and feminism in order to change traditional science to a feminist science. (shrink)
A guide for organizational and social research in business studies and the social sciences, providing a clear framework for research design and methodology. It will be an invaluable tool for academics, researchers, and graduate students across the social sciences concerned with rigorous and relevant research in the contemporary world.
I have sought to keep a running tabulation of all books, edited collections, translations, and journal articles which are primarily devoted to Aristotle’s ethical and political writings (including their historical reception but excluding neo-Aristotelian virtue ethics). Criteria for inclusion in this bibliography are: (1) published after January 1, 2021 (including pre-publication articles assigned a DOI); (2) devoted to one of Aristotle’s ethical or political works (e.g., Pol, EN, EE, MM, Athenian Constitution, Protrepticus); and/or (3) devoted to ethical or political concepts (...) examined elsewhere in Aristotle’s corpus (e.g., Rhetoric, Poetics, zoological treatises, etc.). I encourage scholars to alert me about published works that I have omitted or listed incorrectly. (shrink)
In anticipation of updating annotated bibliographies on Aristotle’s Ethics and Politics for Oxford Bibliography Online, I have sought to keep a running tabulation of all books, edited collections, translations, and journal articles which are primarily devoted to Aristotle’s ethical and political writings (including their historical reception but excluding neo–Aristotelian virtue ethics). In general, criteria for inclusion in this bibliography are that the work be: (1) publication in a peer–reviewed or academic/university press between 2011–2020; (2) “substantially” devoted to one of Aristotle’s (...) ethical or political works (e.g., Pol, EN, EE, MM, Athenian Constitution, Protrepticus); and/or (3) devoted to ethical or political concepts examined elsewhere in Aristotle’s corpus (e.g., Rhetoric, Poetics, zoological treatises, etc.). I encourage scholars to alert me about published works that I have omitted or listed incorrectly. (shrink)
This article responds to Jeffrey Perl’s argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl’s conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion invented prior to World War II as a means of unifying (...) Japan behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author’s archival and ethnographic research at Ise and the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)
This article responds to Jeffrey Perl's argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl's conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion, invented prior to World War II as a means of unifying (...) Japan behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author's archival and ethnographic research at Ise and in the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)
China has carried out a series of higher education reforms in the past decades. One of the most important parts of the reforms is the internationalization progress of Chinese universities. Despite being a developing country, China offers globally competitive scholarships to international students. However, surprisingly, little research has touched on how international students view China’s high scholarship policies, leaving an important and intriguing question underexplored. Therefore, this paper attempts to fill the literature gap by investigating international students’ brand perceptions (...) of Chinese universities that provide high scholarships. Moreover, we reveal the process of their judgments through identifying the mediating role of perceived quality. A set of two experimental studies provide convergent support for these propositions. Theoretically, the findings of this paper contribute to the literature on higher education reforms, scholarship policies, and branding. In terms of practice, the research results offer implications to policy makers, education professionals, and students. (shrink)
The renewal of interest in Albert Magnus' works which has taken place in the last one hundred years or so has in fact produced a multilingual body of studies whose size and diversity are making it more and more difficult for the scholar to identify and to know precisely and with certainty what has been written about this very important philosopher. The partial bibliographies which have been published throughout the 20th century were of some use, but none can compare, in (...) terms of completeness, to the new, selectively annotated bibliography composed by I. M. Resnick and K. F. Kitchell. After briefly analyzing this impressive piece of scholarship and identifying some of the mistakes it inevitably contains, the present paper provides a list of approximately 350 items which are missing from Resnick and Kitchell's bibliography and which for the most part were written before 2001. (shrink)