Arts and Humanities Commons^™

A Review Of A. Dirk Moses (Ed.), Genocide And Settler Society: Frontier Violence And Stolen Indigenous Children In Australian History, Lorenzo Veracini

Faculty of Law, Humanities and the Arts - Papers (Archive)

Genocide and Settler Society constitutes a successful exercise in deparochialization. Until now, discussions of genocides in an Australian context have centered on whether this category could be applied, accompanied by debated qualifications, to the experience of Indigenous people. On the contrary, Genocide and Settler Society ultimately and convincingly reverses this order. It is not a matter of testing the relevance of genocide studies to Australian history; rather, there is a need to explore the ways in which genocide studies at large can benefit from an appraisal of the Australian experience. In order to perform this intellectual recasting, Dirk Moses has …

Wittgenstein's Poker: The Story Of A Ten-Minute Argument Between Two Great Philosophers, Daniel D. Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

Did Wittgenstein violently threaten Karl Popper with a poker on the cold evening of 25 October 1946 at a meeting of Moral Sciences Club in Cambridge? Responding to this question is the wonderful pretext that the authors use to introduce the rich world and characters of mid-twenteith century philosophy. They grab their readers' imaginations by latching onto this concrete, legendary, event - the alleged aggressive weilding of a poker - at what many would have imagined to be an utterly civilised, if not downright dull, philosophical meeting. Through this investigation, they bring to life not only the characters in this …

Book Review: Francesc Relano, The Shaping Of Africa: Cosmographic Discourse And Cartographic Science In Late Medieval And Early Modern Europe (2004), Adam Robert Lucas

Faculty of Law, Humanities and the Arts - Papers (Archive)

The main ambition of Francesc Relan˜ o’s fascinating book The Shaping of Africa is to show how the idea of Africa, as a continent distinct from Europe and Asia, emerged between the late Middle Ages and the early modern period from a mixture of natural philosophical, theological, nautical and popular discourses, as well as from several initially separate traditions of mapmaking. He illustrates in the process that the African interior remained largely a mystery to Europeans until the late nineteenth century.

Knowing What? Radical Versus Conservative Enactivism, Daniel D. Hutto

Faculty of Law, Humanities and the Arts - Papers (Archive)

The binary divide between traditional cognitivist and enactivist paradigms is tied to their respective commitments to understanding cognition as based on knowing that as opposed to knowing how. Using O’Regan’s and Noe’s landmark sensorimotor contingency theory of perceptual experience as a foil, I demonstrate how easy it is to fall into conservative thinking. Although their account is advertised as decidedly ‘skill-based’, on close inspection it shows itself to be riddled with suppositions threatening to reduce it to a rules-and-representations approach. To remain properly enactivist it must be purged of such commitments and indeed all commitment to mediating knowledge: it must …

The Myth Of Instrumental Rationality, Joseph Raz

Faculty Scholarship

My main aim is to explain the normative character of the phenomena that are commonly discussed when theoretical writers discuss instrumental rationality and instrumental reasons. The discussion will assume that there are forms of practical normativity, of practical reasons, which are not instrumental in nature. The question central to the inquiry is what, if any, normative difference does adopting or having an end make? For example, are there instrumental reasons and, if there are, how do they relate to having ends? Are instrumental reasons distinctive kinds of reasons, whose normativity differs in its underlying rationale from that of, say, moral …

The Conservative's Dilemma: Traditional Institutions, Social Change, And Same-Sex Marriage, Amy L. Wax

All Faculty Scholarship

No abstract provided.

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …

Religious Experience In The Age Of Digital Reproduction, Frederick Mark Gedicks, Roger Hendrix

Faculty Scholarship

A religious experience is an extraordinary event that occurs against the backdrop of ordinary life, infusing that life with a meaning it would not otherwise have. Mass culture is now replete with portrayals of such experiences. Spiritually-themed television shows, movies, books, music, and fashion are now common and even popular. This is not necessarily good news for religion and religious experience. What mass culture portrays as sacred may be merely an imitation, resembling more the ubiquitous feel-good self-affirmance of popular psychology than authentic communion with the divine.

On the other hand, the appropriation and portrayal of religious experience by mass …

The Challenge Of Ethical Political Leadership, Brian Stiltner

Philosophy, Theology and Religious Studies Faculty Publications

Without a solid ethical foundation to state governance, the process of developing and implementing sound public policy is weakened. In addition to the crisis of public confidence, which may turn voters away from politics in disgust, political scandals undermine the quality of the policymaking process.

Connecticut needs watertight laws, vigorous oversight, independent voices, and an electoral process that does not pervert the information voters receive. The responsibility of citizens includes not only voting their consciences but pressing their representatives to put the electoral process and policymaking on a cleaner, more transparent foundation.

"Every Shut Eye, Ain't Sleep": Exploring The Impact Of Crack Cocaine Sentencing And The Illusion Of Reproductive Rights For Black Women From A Critical Race Feminist Perspective, Deleso Alford Washington

Journal Publications

For purposes of this paper, I will address societal regulations imposed upon the Black wombman's ability to control her reproductive rights. As we - Critical Race Feminist ("CRF") theorists who are becoming more empowered Critical Race Feminist activists - engage in necessary dialogue, there must be an appropriate point of departure. Once CRF theorists open our eyes, we will see what I refer to as "her-story." We will also see that it is time to move into action mode in order to address the illusion of reproductive rights for Black women.

Between Expansion And Collapse, Madeleine T. Kelly

Faculty of Law, Humanities and the Arts - Papers (Archive)

No abstract provided.

Bucking The System: Andrew Wilkie And The Difficult Task Of The Whistleblower, Brian Martin

Faculty of Law, Humanities and the Arts - Papers (Archive)

WHISTLEBLOWERS ARE PART of society's alarm and self·repair system, bringing attention to problems before they become fur more damaging.l Australian whistlcblowers have spoken du[ abollt police corrupcion, paedophilia in the churches, corporate mismanagement, biased appointment procedures, environmentally harmful practices and a host of other issues.

Although whistleblowers are extremely valuable to society, most of them suffer enormously for their efforts. Ostracism, harassment, slander, reprimands, referral to psychiatrists, demotion, dismissal and blacklisting are among the common methods used to attack whistleblowers. Bosses are the usual attackers with co-workers sometimes joining in.

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Fair Notice And Fair Adjudication: Two Kinds Of Legality, Paul H. Robinson

All Faculty Scholarship

We distinguish our form of government and our legal system from others by our commitment to the rule of law. In the criminal law, in particular, this commitment is aggressively enforced through a series of doctrines that taken together demand a prior legislative enactment of a prohibition expressed with precision and clarity, traditionally bannered as the legality principle. But it is argued in this article that the traditional legality principle analysis conflates two distinct issues: one relating to the ex ante need for fair notice, the other to the ex post concern for fair adjudication. There are in fact two …

Welfare, Dialectic, And Mediation In Corporate Law, William W. Bratton

All Faculty Scholarship

No abstract provided.

Bo Ginn Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of various political papers to and from Ronald “Bo” Ginn from 1973 to 1983. The collection includes professional correspondence to and from various constituents and organizations, personal correspondence, and audiovisual tapes of Ginn’s life and work. These items contain items of importance for the citizens of Georgia such as, agriculture, government spending, and issues regarding other forms of commerce for Georgia.

Find this collection in the University Libraries' catalog.

Torture Lite, Full-Bodied Torture, And The Insulation Of Legal Conscience, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Truth Machines And Consequences: The Light And Dark Sides Of 'Accuracy' In Criminal Justice, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Resolving Renvoi: The Bewitchment Of Our Intelligence By Means Of Language, Kermit Roosevelt Iii

All Faculty Scholarship

No abstract provided.

What Personal Rules Can Teach Us About Basic Institutions, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

A National Issue: Segregation In The District Of Columbia And The Civil Rights Movement At Mid-Century, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

Managing Gerrymandering, Mitchell N. Berman

All Faculty Scholarship

Last spring, in Vieth v. Jubelirer, the Supreme Court addressed a claim of unconstitutional partisan gerrymandering for the first time since having held such claims justiciable, 18 years earlier, in Davis v. Bandemer. Vieth was a fractured decision. All nine Justices agreed that partisan gerrymandering is of constitutional moment, a substantial majority declaring that excessive partisanship is unconstitutional. The Justices also united in rejecting the particular gerrymandering test advanced in Bandemer. There agreement ended. Four Justices proposed three tests to replace the unmeetable Bandemer standard. A four-member plurality would have overruled Bandemer more completely by holding that partisan gerrymandering claims …

The Pimple On Adonis's Nose: A Dialogue On The Concept Of Merit In The Affirmative Action Debate, Tobias Barrington Wolff, Robert Paul Wolff

All Faculty Scholarship

Efforts at progressive educational reform in general, and affirmative action in particular, frequently encounter a rhetorically powerful objection: Merit. The story of merit proclaims that high-achieving applicants - those who have already made effective use of educational opportunities in the past and demonstrated a likelihood of being able to do so in the future - enjoy a morally superior claim in the distribution of scarce educational resources. Past achievement, in other words, entitles an applicant to a superior education. This moral framework of merit serves as a constant counterpoint in debates over affirmative action, including those contained in the Court's …

Responsibility For Unintended Consequences, Claire Oakes Finkelstein

All Faculty Scholarship

The appropriateness of imposing criminal liability for negligent conduct has been the subject of debate among criminal law scholars for many years. Ever since H.L.A. Hart’s defense of criminal negligence, the prevailing view has favored its use. In this essay, I nevertheless argue against criminal negligence, on the ground that criminal liability should only be imposed where the defendant was aware he was engaging in the prohibited conduct, or where he was aware of risking such conduct or result. My argument relies on the claim that criminal liability should resemble judgments of responsibility in ordinary morality as closely as possible. …

Phase I Archaeological Intensive Survey Of Hassanamesitt Woods Property, Grafton, Massachusetts, Jack Gary, Stephen Mrozowski, David B. Landon

Andrew Fiske Memorial Center for Archaeological Research Publications

The Center for Cultural and Environmental History conducted a Phase I archaeological intensive survey of the Hassanamesitt Woods property in Grafton, Massachusetts from October 2004 through January 2005. Documentary evidence has suggested that the property may contain remains of the church for the Praying Indian village of Hassanamisco, established by John Eliot in 1660. Historical deed research has also placed several Nipmuc families on the property in the early 18th century, suggesting the area was resettled by the original inhabitants of Hassanimisco in the aftermath of King Philip's War. Throughout the course of the 18th and 19th centuries the property …

Wealth, Utility, And The Human Dimension, Jonathan Klick, Francesco Parisi

All Faculty Scholarship

Functional law and economics, which draws its influence from the public choice school of economic thought, stands in stark contrast to both the Chicago and Yale schools of law and economics. While the Chicago school emphasizes the inherent efficiency of legal rules, and the Yale school views law as a solution to market failure and distributional inequality, functional law and economics recognizes the possibility for both market and legal failure. That is, while there are economic forces that lead to failures in the market, there are also structural forces that limit the law’s ability to remedy those failures on an …

Judicial Accountability To The Past, Present, And Future: Precedent, Politics And Power, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Advertising And Intermediaries In Provision Of Legal Services: Bates In Retrospect And Prospect, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Discourse Beneath: Emotional Epistemology In Legal Deliberation And Negotiation, Erin Ryan

Faculty Publications

No abstract provided.