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Social and Behavioral Sciences Commons

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Articles 1 - 13 of 13

Full-Text Articles in Social and Behavioral Sciences

The Separation Of Law And Morals, Noel B. Reynolds Nov 1986

The Separation Of Law And Morals, Noel B. Reynolds

Faculty Publications

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.


Nationalism, Ethnocentrism And Personality By H. D. Forbes, William P. Kreml Sep 1986

Nationalism, Ethnocentrism And Personality By H. D. Forbes, William P. Kreml

Faculty Publications

No abstract provided.


Hume And His Critics: Reid And Kames, Noel B. Reynolds May 1986

Hume And His Critics: Reid And Kames, Noel B. Reynolds

Faculty Publications

This presentation was in response to Kenneth MacKinnon’s defense of Thomas Reid’s preference for natural virtue against David Hume’s conventionalism in his theory of law. It is argued that because Hume’s legal theory follows easily from his theory of human nature, Reid and Kames—and MacKinnon—need to refute Hume at that level to be successful in their rejection of his conventionalism.


Morality And The Rule Of Law, Noel B. Reynolds May 1986

Morality And The Rule Of Law, Noel B. Reynolds

Faculty Publications

This paper lays out the logic of a conservative view of liberty and morality based on an understanding of human nature as both social and rational on the one hand, and radically individual and self-seeking on the other. Without public virtue, a people cannot govern itself as a free people. But neither virtue nor moral truth can be legislated. The rule of law under constitutionalism is the most successful human arrangement for providing freedom and allowing moral action on the part of individuals.


Liberal Political Theory And The Rule Of Law, Noel B. Reynolds Apr 1986

Liberal Political Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.


Marketing Measures For Information Services, Martha Jane Zachert, Robert V. Williams Apr 1986

Marketing Measures For Information Services, Martha Jane Zachert, Robert V. Williams

Faculty Publications

No abstract provided.


Indonesia In 1985: Chills And Thaws, Donald E. Weatherbee Feb 1986

Indonesia In 1985: Chills And Thaws, Donald E. Weatherbee

Faculty Publications

No abstract provided.


Sacred Flutes, Fertility, And Growth In The Papua New Guinea Highlands, Terence E. Hays Jan 1986

Sacred Flutes, Fertility, And Growth In The Papua New Guinea Highlands, Terence E. Hays

Faculty Publications

Since Read's (1952) classic study of the nama cult of the Goroka area, ethnographers in the Papue New Guinea Highlands haved focused considerable attention on what I shall refere to as a "sacred flute complex" around which men's cults are organized. The flutes have been seen as acore symbol of male hegemony, and their associated riges and dogma as key factors in the perpetuation of "antagonistic" relations between the sexes, for which that region has long been known. In specific cases ethnographers have provided ingenious and persuasive analyses of the symbolic aspects of sacred flutes (e.g., Herdt ...


Constitutionalism And The Rule Of Law, Noel B. Reynolds Jan 1986

Constitutionalism And The Rule Of Law, Noel B. Reynolds

Faculty Publications

Constitutionalism is the practical science of designing and balancing institutions of public power and authority so as to prevent monopolies of power or the emergence of tyranny. In spite of continuing attempts to ground constitutions in moralistic political theories, they are best understood as formalizations of citizenry agreements to manage their affairs under the rule of law following rules formulated by their legislatures and applied by their judges, all of which are to be selected through established procedures. The emergence of rule of law in primitive societies and in early modern European politics is noted, and the chief contributors to ...


The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill Jan 1986

The Costs Of Exclusionary Practices In Women's Studies, Maxine Baca Zinn, Lynn Weber, Elizabeth Higginbotham, Bonnie Thornton Dill

Faculty Publications

No abstract provided.


The Diachronic Study Of Animal Exploitation At Hesban: The Evolution Of A Research Project, Oystein S. Labianca Jan 1986

The Diachronic Study Of Animal Exploitation At Hesban: The Evolution Of A Research Project, Oystein S. Labianca

Faculty Publications

No abstract provided.


The Union Of Legal And Political Theory, Noel B. Reynolds Jan 1986

The Union Of Legal And Political Theory, Noel B. Reynolds

Faculty Publications

This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.


Agriculture, Agribusiness, And Renewable And Natural Resource Program Review, B. Delworth Gardner Jan 1986

Agriculture, Agribusiness, And Renewable And Natural Resource Program Review, B. Delworth Gardner

Faculty Publications

The State University System of Florida has es tab 1 i shed A "Quest for Excellence11 in its Master Plan. It is a bold plan of action that will "unleash the University System from those time-bound constraints which would allow only gradual change. 11 It is also clear that the State University System of Florida plans to compete successfully with the very best academic universities. In its mission statement the University of Florida, as a land-grant institution, administers the In"s·t itute of Food and Agricultural Sciences (IFAS), a special unit providing statewide food and .agricultural teaching, res.earch ...