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Articles 1 - 30 of 137
Full-Text Articles in Arts and Humanities
Eternal Recurrence In A Neo-Kantian Context, Michael S. Green
Eternal Recurrence In A Neo-Kantian Context, Michael S. Green
Michael S. Green
In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …
Pagans, Christians, And Student Protesters, Stanley Fish
Pagans, Christians, And Student Protesters, Stanley Fish
Stanley Fish
Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
François Tanguay-Renaud
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
Table Annexed To Article: Machine-Readable Text Of The Federalist Essays, Peter J. Aschenbrenner
Table Annexed To Article: Machine-Readable Text Of The Federalist Essays, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic presents readers with its source files, that is, the text which it employed in scored word counts, frequencies and VerbumForte scores. The table annexed includes the machine-readable text of all eighty-five Federalist essays. Because many on-line versions are broken into segments which render searches (virtually) impractical.
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. Aschenbrenner
Table Annexed To Article: A Survey Of The Federal Convention's Note-Takers, Peter J. 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. The best known are Major Wm. Jackson and James Madison, the convention’s official Secretary and its unofficial note-taker, respectively. The efforts of all twelve note-takers are surveyed by output.
Antisocial Personality Disorder And Therapeutic Justice Court Programs, Andrew Cannon, Rebekah Doley, Claire Ferguson, Nathan Brooks
Antisocial Personality Disorder And Therapeutic Justice Court Programs, Andrew Cannon, Rebekah Doley, Claire Ferguson, Nathan Brooks
Rebekah Doley
It has become commonplace for courts to supervise an offender as part of the sentencing process. Many of them have antisocial personality disorder (ASPD). The focus of this article is how the work of specialist and/or problem solving courts can be informed by the insights of the psychology profession into the best practice in the treatment and management of people with ASPD. It is a legitimate purpose of legal work to consider and improve the wellbeing of the participants in the legal process. Programs designed specifically to deal with those with ASPD could be incorporated into existing drug courts, or …
Counting Words In The Federalist, Peter J. Aschenbrenner
Counting Words In The Federalist, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Word counts for each of the eighty-five articles published by Publius, the (collective) pseudonym of John Jay, Alexander Hamilton and James Madison, are surveyed. The 189,497 words are also broken down by author. The effort is ancillary to a project fixing the semantic values of ‘constitution’, ‘federal’ and ‘republic’ throughout the Early Republic (=1787 through 1857).
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. Aschenbrenner
The Doctrine Of Stare Decisis In United States Supreme Court Opinions, Peter J. 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; they do this by approving (or not disapproving) official action (in the recent past); in turn, these officials look back to official action taken at time/s more or less remote from the present for their precedents.
Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner
Machine-Readable Text Of The Federalist, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Machine-readable text of the eighty-five Federalist Papers is provided
Beyond Judicial Populism, Anil Kalhan
Courting Power, Anil Kalhan
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. 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 behind various clauses. However, no delegate had access to the official journal of the constitutional convention.
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner
Peter J. Aschenbrenner
Parliament (primary text writer, the House of Commons) produced 24,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,683 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram
The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram
David Ingram
I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram
David Ingram
In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates is matched with support/opposition for the Constitution.
Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball
Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.
Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball
Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.
Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner
Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. 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.
Towards Respecting Indigenous Rights In Development Policy: The Case Of A Community-Based Forest Management Project In Panama, Benjamin Goodman
Towards Respecting Indigenous Rights In Development Policy: The Case Of A Community-Based Forest Management Project In Panama, Benjamin Goodman
Benjamin Goodman
As Latin American countries reach new heights of development, perched on the shoulders of an increasingly globalized economy, their local indigenous communities continue to be the most marginalized and impoverished people in the world. Sustainable development initiatives present themselves as a way to contribute to global economic development, while at the same time, respecting the livelihoods of rural peoples and preserving natural resources for future generations. However, unsustainable exploitation of natural resources continues to threaten the livelihoods and identities of many rural indigenous communities. As the economic, legal and political marginalization of indigenous peoples persists, the inevitable result of these …
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.
Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner
Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.
Our Aesthetic Constitution, Peter J. Aschenbrenner
Our Aesthetic Constitution, Peter J. Aschenbrenner
Peter J. Aschenbrenner
If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.
Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Table Annexed To Article: The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?
The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
The Mathematical Logic Of Blocking Power: From Thirteen To Forty-Four States, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL explores the mathematical logic of blocking power, that is, the power to block organic change. In Constitution I (the Articles of Confederation) the formula was absurdly simple. Any state, no matter how geographically small, economically insignificant and revoltingly irrelevant could block organic change desired by all the other constituents. Hence, secession orchestrated (via Constitution II) so that the first nine states (willing to do so) could secede from Rhode Island.
The Foreigners Among Us: Constituent Expulsion In The Early American Republic, Peter J. Aschenbrenner
The Foreigners Among Us: Constituent Expulsion In The Early American Republic, Peter J. Aschenbrenner
Peter J. Aschenbrenner
OCL surveys constituent explusion through the impost laws passed in the first session of the First Federal Congress. The purpose of the laws was to make clear to North Carolina and Rhode Island that Constitution II was a ‘take it or leave it’ affair. North Carolina, never truculent, merely slow to ratify, got the message; Rhode Island’s struggle with political reality created a near year-long sideshow before it finally bowed the neck Providential to the inevitable. Pay up or join up.
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
How Many Unique Words Did It Take To Write Our First Constitution?, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In 3,466 words – crafted between July, 1776 and November, 1777 – the Continental Congress created Constitution I, universally known as the Articles of Confederation. How many of these words are unique? And how many of these 3,466 words did the Philadelphia convention use in crafting the 4,321 words of Constitution II?