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Articles 1 - 17 of 17
Full-Text Articles in Arts and Humanities
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner
Peter J. Aschenbrenner
Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison Deploy ‘Constitution’ In The Federalist Papers: Semantic Values Surveyed, Peter Aschenbrenner
Peter J. Aschenbrenner
The eighty-five Federal Papers (authors James Madison and Alexander Hamilton; John Jay contributed five) are justifiably famous as elaborations of constitutional structure and text, sans citation to the convention, understandably, since secrecy imposed by Standing Order on May 28th was continued indefinitely (at the pleasure/non-action of Congress) on September 17th. Counts on semantic value/s of ‘constitution’ and ‘constitutional’ are surveyed.
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Table Annexed To Article: Introducing Constitutional Text Units, Peter Aschenbrenner
Peter J. Aschenbrenner
The traditional citation format for reference to specific passages in the federal constitution does not account for the order in which text was added, changed or deleted; a new citation format is proposed, called ‘Constitutional Text Units’; Madison’s June, 1789 suggestion for maintaining a coherent presentation is explained and defended.
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz
Justin Schwartz
Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …
Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner
Table Annexed To Article: Detailed Breakdown Of Note-Takers In Farrand As Extracted From Farrand’S Records Vols. 1 And 2, Peter Aschenbrenner
Peter J. Aschenbrenner
Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.
Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Table Annexed To Article:The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Peter J. Aschenbrenner
The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.
The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
The Colours Of The Constitution: More On Deep Structure And Logics Anterior, Peter Aschenbrenner
Peter J. Aschenbrenner
The colours of the Early Constitution, broken down into Philadelphia and Corrective Constitutions, and further subdividable, reveal our first glimpse of the deep structure of constitutional texts. An introduction to constitutional logic – or at least a presentation of the effects of its deployment in venue – demonstrates the divide between crafting responsibilities and disabilities, a divide taken seriously by text writers.
Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Necessary’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the semantic values of ‘necessary’ are separated into two groups, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined. Like ‘constitution,’ ‘necessary’ also offers competing values at the quantum level of analysis. Three different values are discoverable.
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-36, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the reader’s attention is directed to ‘exigencies’ through quotations drawn from the The Federalist Papers (the focus being on the works of Alexander Hamilton and James Madison). This article then explores their semantic contest in the bank bill debate; finally, given Hamilton’s death in 1804, Madison’s works (from 1817-1836) are examined and quotations drawn from that material.
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Exigencies’ In Works Dated To 1787/88, 1790/91 And 1817-1836 Surveyed By Percent Of Words In Source, Peter Aschenbrenner
Peter J. Aschenbrenner
In this third of three articles, frequencies by Madison and Hamilton for ‘exigencies’ are cumulated. Hits surveyed in the three disputed essays are divided equally between Madison and Hamilton. Frequency (by percent) is multiplied by 1000 for ready comparison. The Word vs. the Need contest for primacy at the supra-constitutional level; JM and AH are scored accordingly.
The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S
The Right To Freedom Of Expression And Media Reporting On Criminal Proceedings In Tanzania: Finding The Balance, Joseph Wawa Raphael Futakamba S
Joseph Wawa Raphael Futakamba s
This paper examines the impact of media reporting to crime and criminal court proceeding in Tanzania in the light of exercising the legitimate right to freedom of expression by the press, on one hand and the accused rights to presumption of innocence and fair trial on the other hand. The purpose of the discussion revolves around the effect of prejudicial crime reporting to the criminal suspects/accused and available remedies within the legal system. It also, looks upon the court practices and the law in dealing with interference with the course of justice. The paper also analyses the rights of the …
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner
Hamilton And Madison Deploy ‘Constitution’ In Works Dated To 1787/88, 1790/91 And 1817-1836: Semantic Values Surveyed With Quotations, Peter Aschenbrenner
Peter J. Aschenbrenner
In this first of three articles, the semantic values of ‘constitution’ and ‘constitutional’ are spread through an eleven way grid, beginning with The Federalist Papers, with the focus being on the works of Alexander Hamilton and James Madison. In the second tranche of works, their efforts – now as opponents – in the bank bill debate are examined; in the third, given Hamilton’s death in 1804, only Madison’s words are examined.
Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner
Taney’S Zeno And Scalia’S Mobilia, Peter Aschenbrenner
Peter J. Aschenbrenner
Zeno’s most famous paradox (of motion) is related to us through Aristotle, who presents Zeno’s ‘problems’ in his Physics, 239b11-14. Aristotle “asserts (on Zeno’s behalf) the non-existence of motion on the ground that any object in locomotion must arrive at the half-way stage before it arrives at the goal.”
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter Aschenbrenner
Peter J. Aschenbrenner
OCL surveys United States Supreme Court cases from 1791 to 1900 for deployment of the phrase stare decisis in opinions and published arguments before the Court. The people, as Madison conceded, make their own precedents by approving (prior) official action taken by current officials as a foundation for resolving issues-of-the-day.
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh
Yofi Tirosh
This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Smart Power For Hard Problems: The Role Of Special Operation Forces Strengthening The Rule Of Law And Human Rights In Africa, Kevin H. Govern
Kevin H. Govern
This article will assess the roles and responsibilities of Special Operations Forces (SOF) within the newly created U.S. Africa Command (AFRICOM) as an active proponent of a so-called “smart power” national security strategy. In particular, it will outline the economic, political, and military challenges faced in Africa; specifically, how and why SOCAFRICA is the U.S. force of choice for promoting human rights and rule of law in Africa. With the goals of the U.S. military in mind, questions will necessarily arise as to “what success looks like” for both the U.S. and African nations, and the roles of each in …