Arts and Humanities Commons^™

The Perverse Paradox Of Privacy, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

The most recent effort of the Supreme Court of the United States to define the judicially created constitutional right to privacy has demonstrated once again why that contrived right poses such a pronounced threat to constitutional self-government. In writing for the majority in Lawrence v. Texas (2003) to overrule a case of only seventeen years' standing that allowed the states to prohibit homosexual sodomy, Justice Anthony Kennedy insisted that the idea of liberty in the Constitution's due process clauses is not limited to protecting individuals form "unwarranted governmental intrusions into a dwelling or other private places" but has "transcendent dimensions" …

The Technology Of Biopower: A Response To Todd May's "Foucault Now?", Ladelle Mcwhorter

Philosophy Faculty Publications

Because the occasion for his essay was the inaugural conference of the newly formed Foucault Society in New York City in the spring of 2005, Todd May takes as his point of departure the question of whether Foucault’s work is valuable to the sort of people who have come together to form that society: philosophers, artists, political activists, and in general to concerned citizens today, twenty years after Michel Foucault’s death. As might be expected given the Society’s raison d’être, May answers this question in the affirmative. But exactly how is Foucault’s work still relevant? It is his answer …

International Legal Pluralism, William W. Burke-White

All Faculty Scholarship

No abstract provided.

The Protestant Revolutions And Western Law, William Ewald

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.

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

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

Justification Defenses In Situations Of Unavoidable Uncertainty: A Reply To Professor Ferzan, Paul H. Robinson

All Faculty Scholarship

The objective (or "deeds") theory of justification has been attacked on the ground that one can never know for sure whether the circumstances for justification actually exist. One can only speculate as to whether the conditions exist. This is true not only for the actor at the time of the conduct for which a justification is sought but can also be true for the adjudicator after all available evidence has been gathered. The attack contains a useful insight about the nature of justifying circumstances: they necessarily contain some degree of unavoidable uncertainty. But it does not follow from this insight …

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

All Faculty Scholarship

No abstract provided.

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.

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

All Faculty Scholarship

No abstract provided.

Die Normativität Des Expressiven: Überlegungen Zum Begriff Der Wahrhaftigkeit, Konstantin Pollok

Faculty Publications

Welchen Standards müssen Personen genügen, damit ihre Äußerungen als wahrhaftig angesehen werden? Nicht Wahrhaftigkeit als soziale Tugend (Aristoteles, Kant) und auch nicht Wahrhaftigkeit als notwendige Argumentationsvoraussetzung (Habermas), sondern die normativen Voraussetzungen wahrhaftiger Äußerungen von Überzeugungen, Werten, Wünschen und Gefühlen einer Person, d. h. eine Analyse der normativen Erfordernisse der Wahrhaftigkeit als Teilaspekt einer Sprachpragmatik, sind das Thema dieses Aufsatzes. Ausgehend von Überlegungen Wittgensteins, John Broomes und Robert Brandoms untersuche ich die normative Feinstruktur der Differenz zwischen dem 'Äußern' und dem 'Besitzen' eines propositionalen Gehalts sowie der Vorsätzlichkeit dieser Differenz im 'Äußern'. Mein Ergebnis ist schließlich: Person B glaubt, daß die …

Faktizität Und Geschichtlichkeit Als Konstituentien Der Lebenswelt In Husserls Spätphilosophie, Sebastian Luft

Philosophy Faculty Research and Publications

In this paper I shall present two elements of Husserl’s theory of the life-world, facticity and historicity, which are of exemplary importance for his late phenomenology as a whole. I compare these two notions to two axes upon which Husserl’s phenomenology of the life-world becomes inscribed. Reconsidering and reconstructing Husserl’s late thought under this viewpoint sheds new light on a notoriously enigmatic problem, i.e., the concept of the transcendental and its relation to the „mundane“ – to the world as constituted by transcendental consciousness. Drawing on unpublished manuscript material I claim, specifically, that the transcendental subject, in its „self-enworlding“ activity, …

Zabarella, Prime Matter, And The Theory Of Regressus, James B. South

Philosophy Faculty Research and Publications

No abstract provided.

Pierre Bayle's Philosophical Commentary On The Words Of Jesus Christ: Compel Them To Come In, John Kilcullen, Chandran Kukathas

Research Collection School of Social Sciences

In this defence of religious toleration, Bayle discusses the words attributed to Jesus Christ in Luke 14:23, “And the Lord said unto the servant, Go out into the highways and hedges, and compel them to come in, that my house may be full.” Bayle contends that the word compel cannot mean “force.” From this perspective, he constructs his doctrine of toleration based on the singular importance of conscience. Bayle argues that if the orthodox have the right and duty to persecute, then every sect will persecute since every sect considers itself orthodox. The result will be mutual slaughter, something God …

Trust (And Social Capital) In Cultural Theory, Marco Verweij

Research Collection School of Social Sciences

No abstract provided.

To Hou Heneka And Continuous Change, Christopher Mirus

The Society for Ancient Greek Philosophy Newsletter

Beginning with Aristotle’s statement in Physics II.2 that motion must be continuous to be for the sake of an end, I argue that properly understood, continuity is actually a sufficient condition for the goal- directedness of any motion in Aristotle’s teleology. I establish this conclusion first for the simple motions discussed in Physics V-VI, and then for complex changes such as the generation and development of a living thing. In both steps of the argument, the notion of καθ’ αυτό agency serves as a key link between continuity and goal-directedness. The understanding of Aristotle’s teleology that emerges from the consideration …

Epistemic Analysis And The Possibility Of Good Informants, James Mcbain

Faculty Submissions

Edward Craig has proposed that epistemology should eschew traditional

conceptual analysis in favor of what he calls “conceptual synthesis.” He

proposes we start not from the finding of necessary and sufficient conditions

that match our intuitions; rather we start from considerations on what the

concept of knowledge does for us. In this paper I will explore one aspect of

Craig’s proposal – the good informant. It is this aspect that is central to

Craig’s epistemic method and perhaps most problematic. I will evaluate this

concept by first articulating three initial worries that some have had about

the concept and then …

Sagp Newsletter 2004.1 (December), Anthony Preus

The Society for Ancient Greek Philosophy Newsletter

Programs of the Society with the Eastern Division (December 2004) and with the American Philological Association (December 2005)

Nietzsche And The Religion Of The Future, Steven Michels

Political Science & Global Affairs Faculty Publications

This article examines the place of religion in Nietzsche’s writings and how it fits with the task of a “new philosopher.” Although Nietzsche opposes all otherworldly, monotheistic religions, it is incorrect to say that Nietzsche proposes atheism as a solution. Religion, he contends, is an essential part of any healthy culture. Nietzsche’s new philosophy would fashion gods consistent with the natural order of rank and the highest aims of man.

Nietzsche conceives of modernity not as progress but an unhealthy and dangerous break with tradition that he seeks to set right. Consequently, he turns to the greatness of antiquity. Nietzsche, …

Atoms, Complexes, And Demonstration: Posterior Analytics 96b15-25, Owen Goldin

Philosophy Faculty Research and Publications

There is agreement neither concerning the point that is being made in Posterior analytics 96b15-25 nor the issue Aristotle intends to address. There are two major lines of interpretation of this passage. According to one, sketched by Themistius and developed by Philoponus and Eustratius, Aristotle is primarily concerned with determining the definitions of the infimae species that fall under a certain genus. They understand Aristotle as arguing that this requires collating definitional predictions, seeing which are common to which species. Pacius, on the other hand, takes Aristotle to be saying that a genus is studied scientifically through first determining the …

Optimism, Philosophical Discussion Group, Armstrong State University

The Philosopher's Stone

No abstract provided.

Between Dancing And Writing: The Practice Of Religious Studies, Kimerer L. Lamothe

Philosophy & Theory

This book provides philosophical grounds for an emerging area of scholarship: the study of religion and dance.

In the first part, LaMothe investigates why scholars in religious studies have tended to overlook dance, or rhythmic bodily movement, in favor of textual expressions of religious life. In close readings of Descartes, Kant, Schleiermacher, Hegel, and Kierkegaard, LaMothe traces this attitude to formative moments of the field in which philosophers relied upon the practice of writing to mediate between the study of “religion,” on the one hand, and “theology,” on the other.

In the second part, LaMothe revives the work of theologian, …

Nietzsche On Truth And The Will, Steven Michels

Political Science & Global Affairs Faculty Publications

The fundamental — and many would say lingering — challenge to Nietzsche concerns how he can ground the will to power, given what he says about metaphysics as a philosophic prejudice. Does his teaching not topple of its own weight/lessness? It is the standard objection to which all postmodern philosophers must respond. This article examines what Nietzsche says about the limits of truth and the role that experience and perspective have in setting standards by which we might live correctly. The will to power, Nietzsche instructs, is a claim on truth, confirmed only to the extent that it serves life …

Pre-Crime, Pre-Punishment And Pre-Desert, John N. Williams

Research Collection School of Social Sciences

No abstract provided.

The Mystery Of Lonergan, Richard Liddy

Department of Religion Publications

No abstract provided.

Technology: The Modern Messiah, Philosophical Discussion Group, Armstrong State University

The Philosopher's Stone

No abstract provided.

Nietzsche, Nihilism, And The Virtue Of Nature, Steven Michels

Political Science & Global Affairs Faculty Publications

Nietzsche’s view of nature and his attack on the platonic tradition has given him a reputation as a nihilist, a label he himself acknowledged. Yet what does Nietzsche mean by nihilism? and to what extent is he a nihilist? This article explores Nietzsche’s use of the term as it relates to modernity, his own postmodern project, and how it is connected with what Nietzsche calls “virtue.”

Nietzsche, The Kantian Self, And Eternal Recurrence, Philip J. Kain

Philosophy

Nietzsche’s concept of the self grows out of Kant—and then attempts to subvert Kant. Nietzsche agrees that a unified subject is a necessary presupposition for ordered experience to be possible. But instead of a Kantian unified self, Nietzsche develops a conception of the self of the sort that we have come to call postmodern. He posits a composite bundle of drives that become unified only through organization. This subject is unified, it is just that its unity is forged, constructed, brought about by domination. But if the self is a bundle of struggling and shifting drives, how could it remain …

On Skepticism About Case-Specific Intuitions, James Mcbain

Faculty Submissions

Moral theorizing is often characterized as beginning from our intuitions about ethical cases. Yet, while many applaud, and even demand, this methodology, there are those who reject such a methodology on the grounds that we cannot treat people’s intuitions about ethical cases as evidence for or against moral theories. Recently, Shelly Kagan has argued that the reliance upon case-specific intuitions in moral theorizing is problematic. Specifically, he maintains that the practice of using intuitions about cases lacks justification and, hence, we ought to be skeptical about the evidential weight of moral intuitions. This leads Kagan to conclude that we ought …