Obstructing Precedent, 2024 Northwestern Pritzker School of Law
Obstructing Precedent, Bill Watson
Northwestern University Law Review
Critics of the Supreme Court sometimes accuse the Justices of disrespecting or being unfaithful to precedent—of undermining certain precedents while leaving them formally in place. Yet it remains unclear what exactly these criticisms mean or why they point to anything objectionable. This Article proposes that critics are often drawing attention to a particular practice: obstructing precedent. A better grasp of what obstructing precedent is and when it is legitimate is important to understanding the Roberts Court’s treatment of precedent in a range of cases.
A court obstructs precedent when it refuses to cooperate with its prior self in building a …
A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, 2024 Northwestern Pritzker School of Law
A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover
Northwestern University Law Review
In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …
To Which We Return, 2024 Nova Southeastern University
To Which We Return, Marianne Koleng
be Still
This work is an attempt to reconcile the vibrance of life as evidenced by the colorful collage and bismuth crystal with death, which is portrayed by a somber skull emerging from an aorta and ventricles of a human heart. Understanding the temporal nature of our existence is key to subtle references to beauty and imperfection latent in the background of this image to cue the idea of beauty in life and death to the viewer.
The 17th Century Legacy Of Neo-Stoic Ethics, 2024 The University of Western Ontario
The 17th Century Legacy Of Neo-Stoic Ethics, James Mackey
Electronic Thesis and Dissertation Repository
Justus Lipsius was a 16th -century renaissance humanist and literary scholar who, crucially for the history of philosophy, was involved in the publication and reinterpretation of Stoic thought, primarily focusing on the works of Seneca. Despite a fair amount of scholarship on Lipsius’s contribution to the history of philosophy, the role of Stoicism in the early to mid-17th century is still not well understood. In this thesis I show, through close examination of Lipsius’s work, that Neo-Stoic ethics in the 17th century amounts to a view about the relationship between providence and human actions. After identifying ways that Stoic philosophy …
The Value Of Knowledge And Its Problems, 2024 University of Nebraska-Lincoln
The Value Of Knowledge And Its Problems, Kevin Patton
Department of Philosophy: Dissertations, Theses, and Student Research
This dissertation answers the three value problems in epistemology. These three problems require an answer as to how knowledge is more valuable 1) than mere true belief, 2) any of the proper subsets of knowledge, and 3) in kind than that which falls short of knowledge. The methodology used to provide an answer to these problems relies on the arguments put forth in a rarely discussed paper from Ward Jones. In short, the Jonesian approach can be summed up as the view that epistemic axiology and analysis ought to be kept separate. The Jonesian framework instead looks outside of the …
Presentations Of Value: Evaluative Outlooks And Practical Reason, 2024 University of Tennessee, Knoxville
Presentations Of Value: Evaluative Outlooks And Practical Reason, Michael Ebling
Doctoral Dissertations
In this dissertation, I argue for an evaluative outlook account of human practical reason by developing a viable representational psychology that vindicates the following key claims. First, some mental states are evaluative representations with ineliminably evaluative representational content. Second, any successful explanation of a rational action must appeal to evaluative representations. Third, many evaluative representations are products of subrational processes and capacities. Fourth, in humans evaluative representations function to be elements in an overall evaluative understanding. And fifth, evaluative representations by nature have motivational efficacy. In addition to these five foundational claims, I add two more speculative points. Some evaluative …
The Value Of Knowledge And Its Problems, 2024 University of Nebraska-Lincoln
The Value Of Knowledge And Its Problems, Kevin Patton
Dissertations and Doctoral Documents from University of Nebraska-Lincoln, 2023–
This dissertation answers the three value problems in epistemology. These three problems require an answer as to how knowledge is more valuable 1) than mere true belief, 2) any of the proper subsets of knowledge, and 3) in kind than that which falls short of knowledge. The methodology used to provide an answer to these problems relies on the arguments put forth in a rarely discussed paper from Ward Jones. In short, the Jonesian approach can be summed up as the view that epistemic axiology and analysis ought to be kept separate. The Jonesian framework instead looks outside of the …
Kantian Reason & Epistemic Humility, 2024 Taylor University
Kantian Reason & Epistemic Humility, Elias Seeman
Lux et Fides: A Journal for Undergraduate Christian Scholars
Immanuel Kant continues to be one of the most influential thinkers in the history of philosophy. His thought shapes much of contemporary culture and has dramatically influenced Christian philosophy and theology. While some of this influence is beneficial, there are components of Kantian thought – especially as it pertains to the capabilities of human reason to arrive at true knowledge of God – that are decidedly problematic. In this paper, two different readings on Kant’s work on this subject are presented, followed by a brief overview of key insights and shortcomings. The final section charts a positive way forward for …
Picturesque Portraiture: The Composition Of Reality In Hawthorne, Melville, And James, 2024 University of Denver
Picturesque Portraiture: The Composition Of Reality In Hawthorne, Melville, And James, Angela Michael Gattuso Densmore
Electronic Theses and Dissertations
Throughout the nineteenth century, American artists were tangled in debates regarding the representation of reality. The Hudson River School of picturesque landscape painters tackled this dilemma with a compromise formula which used the real objects of nature to create ideal scenes. This dissertation applies the same picturesque formula to select examples of literary portraiture, studied under the concept of “picturesque portraiture.” Whereas the Hudson River compromise resulted in an ideal perception of reality, however, the picturesque portraits composed by nineteenth-century authors Nathaniel Hawthorne, Herman Melville, and Henry James attempt to invoke a non-idealized “actual” reality of the portrait subject’s person …
Equipmentality As A Pharmakon, 2024 American University in Cairo
Equipmentality As A Pharmakon, Sherif Khalil
Theses and Dissertations
One must lose the world to know himself, if in his attempt to know the world he lost himself.
In this thesis, I argue that equipment is a pharmakon in that its harm lies in the service it is supposed to provide. Through equipment one gets to have a practical sense of the world. But, the world in this sense is a world for everyone and for no one in particular, that is, it is made to the measure of the average person who has no aspirations to realize his authenticity. That is how equipment helps us practically make sense …
Timeless Teachings & Unbridled Possibilities, 2024 Rhode Island School of Design
Timeless Teachings & Unbridled Possibilities, Ruijie Tai
Masters Theses
I am looking at is process of TRANSLATING AND BRIDGING.
Qi, traditionally understood as the vital force that flows through and animates living beings and the environment, lies at the edge of our perceptual capabilities.
The notion that what we cannot "see" holds significant influence over our world suggests that there are aspects of reality and forces at play beyond our direct sensory experience. AI, with its capacity for analyzing vast amounts of data and recognizing patterns beyond human capability, offers a unique tool for exploring these unseen forces.
The potential of AI to perceive and understand Qi could open …
Fragmentation And Some Applications, 2024 The Graduate Center, City University of New York
Fragmentation And Some Applications, Joseph Bendana
Dissertations, Theses, and Capstone Projects
This dissertation is an exploration of the idea that human minds are fragmented and its implications for some ongoing debates in the philosophy of mind and epistemology. Let Fragmentation be, minimally, the view that human cognitive information access is best modeled as having a structure that permits for selective, variable-mediated access, instead of a structure that enables always-on, global access. In chapter 1, I canvass the motivation for this view, its many variants, and some of the key open questions that it raises, situating this project in the broader landscape of work on the view. In chapter 2 I argue …
Uses Of The Intuition: The Role Of Intuition In Birth Work (Towards An Intuitive Epistemology), 2024 The Graduate Center, City University of New York
Uses Of The Intuition: The Role Of Intuition In Birth Work (Towards An Intuitive Epistemology), Kayla R. Reece
Dissertations, Theses, and Capstone Projects
Intuitive knowledge ought to be esteemed, practiced, and integrated alongside traditional forms of knowledge. The coloniality of knowledge has structured our society’s ways of thinking to suppress knowledges which reside in non-hegemonic formations and sources, such as our bodies and intuitions. This paper assesses the uses of the intuition as potential sites of an intuitive epistemology through the author’s experience as an intuitive tarot card reader and through the experiences of six BIPOC birth workers living and working in the United States. I conceptualize the intuition as embodied, relational, and predictive, which offers a framework that privileges information one can …
Consciousness And Physicalism, 2024 The Graduate Center, City University of New York
Consciousness And Physicalism, Brian Mcgowan
Dissertations, Theses, and Capstone Projects
Physicalism is a philosophy of mind which attempts to explain consciousness as resulting from physical causes. The lack of a complete and consistent mathematical theory to explain physical causation has led other philosophers of mind to propose that consciousness is a nonphysical essence, property, or substance. However, the idea that physics can be defined atomically and/or deterministically leads to explanatory problems for consciousness, as well as for the dualisms which explain consciousness under these assumptions. This thesis advances a position called “continuous physicalism” which takes all material to result from deformations in the physical medium of space, and any changes …
Marvelous Ordinariness: Re-Engaging With Realism’S Social Function, 2024 Dartmouth College
Marvelous Ordinariness: Re-Engaging With Realism’S Social Function, Miranda Ochoa Natera
Comparative Literature M.A. Essays
Against Romanticism, European literary realism of the 19th century aimed to provide an objective representation of reality through mimesis that could capture the truth in an objective way. Yet, its positivist approach severely narrowed down the complexity of truth, reality, and the mundane by wrongfully drawing the universal from the particular. A new way of engaging with realist literature from any time period, called Marvelous Ordinariness, rearranges this triad in ways that expand our understanding of our own and other realities portrayed. Using Alejo Carpentier’s description of “lo real maravilloso,” Marvelous Ordinariness unfolds in three layers that resemble Carl Jung’s …
Knowledge Production And The Unthinkable: Weaving Stories Of Art, Gender, And Land, 2024 University of San Francisco
Knowledge Production And The Unthinkable: Weaving Stories Of Art, Gender, And Land, Christin Huntsman
Master's Theses
Colonialism is deeply and violently embedded in Western knowledge formation—dominant power structures produce epistemes that uphold and perpetuate colonial narratives. This kind of knowledge production forecloses other possibilities. Western discourse of truth becomes universalized to the point that other worldviews, other knowledges that do not conform to hegemonic norms, are suppressed or silenced. This thesis examines three areas of hegemony and erasure: art, gender, and land. First, the history of art clearly marks a delineation between Western elitist artistic masterpieces and non-Western ethnographic artifacts. Eurocentrism of art in the academy determines what counts as art and how art is categorized. …
Queerform/Ing, 2024 Southern Methodist University
Queerform/Ing, Matthew Solon-Lee Weimer
Art Theses and Dissertations
My artwork is situated within and around vessels and the Queer Homoerotic World and explores sexuality as a Demisexual within them. This is accomplished through the two processes of my creation, Minivague and Queerform/ing: balancing sexual tension and explicit expression, while subverting traditional norms and stereotypes with queerness to distance oneself from stereotypical Gay Art. Altering/emphasizing makes the artwork more romantic, lighter, whimsical, softer, and tender than the figure/s and the situations actually are. The process is also emphasizing what one sees or wants to be seen. The Pink Boy becomes a celebration of intimacy of any form. I discuss …
Intuition In Modal Epistemology: Concept-Based Or Imagination-Based?, 2024 University of Connecticut
Intuition In Modal Epistemology: Concept-Based Or Imagination-Based?, Jeremy Bachman
Honors Scholar Theses
In both George Bealer’s moderate modal rationalism (MMR) and Peter Kung’s modal evidence from imagination (MEI) intuition plays an indispensable role in modal knowledge. However, these modal epistemologies differ in whether modal knowledge is based on intuitions yielded by concepts or by imaginations. Both MMR and MEI take intuitions to be sui generis propositional attitudes, basic epistemic units, reasons for belief, and sources of evidence. However, MEI holds that sensory and intellectual content can prompt a rational intuitions. On the other hand, MMR is restricted to intuitions yielded by non-sensory content. According to MMR, intellectual intuitions about privileged concepts give …
Philosophy Of 'As If': Contemporary Applications And Defense, 2024 William & Mary
Philosophy Of 'As If': Contemporary Applications And Defense, Ryan Kopelman
Undergraduate Honors Theses
This thesis applies Hans Vaihinger’s Philosophy of ‘As If’, published originally in 1924, onto contemporary philosophical debate. Section 1 develops Vaihinger’s axiom of the evolutionary mind and his conception of logic and fiction. Section 2 further examines Vaihinger’s system of fictions and its metaphysical and epistemological implications. Sections 3-5 apply Vaihinger’s Philosophy of ‘As If’ towards the contemporary debate surrounding ethics. In sections 3-5 I point towards the presence, and use, of fictions within contemporary accounts of God, causation, free will, the self, and morality. Finally, in section 6 I raise potential objections to Vaihinger’s view and attempt to defend …
The Drivers Of Academic Novelty In Digital Capitalism: Job Insecurity, Mental Illness And Time Poverty, 2024 Institute of Contemporary History - NOVA University Lisbon
The Drivers Of Academic Novelty In Digital Capitalism: Job Insecurity, Mental Illness And Time Poverty, Adalberto Fernandes
Emancipations: A Journal of Critical Social Analysis
The present-day digital capitalist academy increases novel academic results by leveraging factors such as precarious academic employment, time poverty, and mental illness. This paradigm reveals a confluence that turns seemingly negative aspects into productive elements. The consequence of this hypothesis is that by enhancing work, time and mental health conditions, there may be a reduction in the number of novelties, with an enhancement of academic's role as producers of truth.