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Social and Behavioral Sciences Commons™
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Full-Text Articles in Social and Behavioral Sciences
Agency: What Does It Mean To Be A Human Being?, Richard N. Williams, Edwin E. Gantt, Lane Fischer
Agency: What Does It Mean To Be A Human Being?, Richard N. Williams, Edwin E. Gantt, Lane Fischer
Faculty Publications
This paper will look at the results of what has been termed “the crisis of modernism” and the related rise of postmodern perspectives in the 19th and 20th centuries. It concentrates on what is arguably the chief casualty of this crisis – human agency – and the social science that has developed out of the crisis. We argue that modern and postmodern social science ultimately obviate human agency in the understanding of what it means to be a human being. Attention is given to the contemporary intellectual world and the way in which it has been deeply informed by neo-Hegelian …
Legal Theory And The Rule Of Law, Noel B. Reynolds
Legal Theory And The Rule Of Law, Noel B. Reynolds
Faculty Publications
This article proposes that the rule of law can be understood as a set of conditions that rational actors would impose on any authority they would create to act in their stead in creating and administering legally binding rules. The authority and obligation associated with law derive from this fundamental convention, and the principles of the rule of law are the conditions of that agreement, which become thereby governing principles to which legislatures, judges, and enforcement agencies can be held in their official actions. These generally recognized standards are inherent in this conventionalist concept of law in the sense that …