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Full-Text Articles in Intellectual History

Why Constant? A Critical Overview Of The Constant Revival, Helena Rosenblatt Jan 2004

Why Constant? A Critical Overview Of The Constant Revival, Helena Rosenblatt

Publications and Research

Recent years have seen a remarkable renewal of interest in the thought of Benjamin Constant (1767–1830). For long recognized as the author of the literary masterpiece Adolphe, Constant is now receiving increasing attention for his political writings. Paperback editions of his major works are presently available in both French and English, helping to establish his growing reputation as a founding father of modern liberalism. Constant's stature as a seminal liberal thinker has benefited from the recent climate of opinion in the Western world and, in particular, from the return to fashion of liberalism as a social and political doctrine. …


Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh Jan 2004

Copyright And Free Expression: The Convergence Of Conflicting Normative Frameworks, Shyamkrishna Balganesh

All Faculty Scholarship

Recent attempts to expand the domain of copyright law in different parts of the world have necessitated renewed efforts to evaluate the philosophical justifications that are advocated for its existence as an independent institution. Copyright, conceived of as a proprietary institution, reveals an interesting philosophical interaction with other libertarian interests, most notably the right to free expression. This paper seeks to understand the nature of this interaction and the resulting normative decisions. The paper seeks to analyze copyright law and its recent expansions, specifically from the perspective of the human rights discourse. It looks at the historical origins of modern …


Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng Dec 2003

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …