Philosophy Commons^™

Revisiting Marcuse On Repressive Tolerance: A Twenty-First Century Retrospective, David Ingram

Philosophy: Faculty Publications and Other Works

Herbert Marcuse’s essay Repressive Tolerance (RP) has been praised by the Left and vilified by the Right for its alleged promotion of censorship targeting reactionary opinions and actions. I argue that this interpretation of the text is mistaken. According to my alternative reading of the text, RP should be understood as an exercise in provocation and irony aimed at defending civil disobedience and dissent. Marcuse’s defense of dissent, however, appeals to a critique of pure tolerance that exposes the unavoidably partisan practice of tolerance, which invariably favors the reigning undemocratic status quo. The choice whether to tolerate in a manner …

A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover

Northwestern University Law Review

In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …

Obstructing Precedent, Bill Watson

Northwestern University Law Review

Critics of the Supreme Court sometimes accuse the Justices of disrespecting or being unfaithful to precedent—of undermining certain precedents while leaving them formally in place. Yet it remains unclear what exactly these criticisms mean or why they point to anything objectionable. This Article proposes that critics are often drawing attention to a particular practice: obstructing precedent. A better grasp of what obstructing precedent is and when it is legitimate is important to understanding the Roberts Court’s treatment of precedent in a range of cases.

A court obstructs precedent when it refuses to cooperate with its prior self in building a …

Two Lives, Shruti Trehan Mbbs

Journal of Wellness

A busy oncologist makes a decision to leave her busy, thriving, community practice in the Mid-West and moves to a Veterans Affairs hospital in South Florida in the quest for a better work-life balance.

Rights Of Nature: The Indigenous-Led Movement For Sovereignty And A Sustainable Future, Kathryn Schug, Ted Gordon

The Journal of Social Encounters

The rights of nature movement works to grant legal rights to beings other than humans. Led by Indigenous communities across the globe, the movement is grounded in commonly shared Indigenous beliefs that regard non-human beings as are our relatives and as deserving of the same legal rights as humans. Grounded in Indigenous worldviews, the rights of nature movement pursues the twin goals of creating an environmentally sustainable future and enshrining legal protections for Indigenous values and practices. This article explores how the White Earth Nation, a federally recognized Ojibwe tribal government in Minnesota became the first in the United States …

Dissenting Authority, Guyora Binder

Journal Articles

This essay explicates J.B. White’s rhetorical conception of authority as a potentially collaborative achievement and contrasts it with the conception of authority as surrender of judgment prevailing in legal philosophy. On White’s view, authority is not an instrument held and deployed, but is conferred, like respect. This conception of authority illuminates three puzzles concerning the relationship between dissent and legal authority. First, Legal Positivism’s purportedly descriptive account of law insists it must claim an authority to govern independent of justice and assent. Yet law’s language is replete with justice-based appeals for popular assent. White’s reading of the practice of legal …

(Dis)Invested Bodies: The Neoliberal Crafting Of Disability, T. Wesley

Electronic Theses and Dissertations

Using the Americans with Disabilities Act (ADA) as a unifying text, my dissertation explores the relationship between cultural production and the neoliberal crafting of humanity, the term I use to describe how social dimensions—including the construction of the textual and material body—become reorganized and governed through market relations. While many disability scholars and activists frame the ADA’s failures through social misunderstandings of disability, few have seriously attended to the limits of the ADA as a neoliberal fusing of economic governance and classical liberal individualism.

Tracing convergences between the ADA and earlier US disability legislation to socioeconomic and political reforms enacted …

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

The Philosophy Of Spirits Purification In The Ritual Entas-Entas In Wonotoro Village As The Identity Of The Tengger Community, Turita Indah Setyani, Titik Pudjiastuti, Rias Suharjo, Mamlahatun Buduroh, Mu’Jizah Mu’Jizah, Dwi Rahmawanto

International Review of Humanities Studies

This paper examines the Ritual Entas-entas as a purification ceremony for spirits in Wonotoro Village, Tengger. The ritual originates from a manuscript believed to aid in purifying the spirits of deceased family members. This ritual has been passed down orally. However, the manuscript serving as the reference for the ritual can no longer be traced. The issue is, how the sustainability of the Ritual Entas-entas in Wonotoro Village, Tengger? The research aims to demonstrate that the Tengger community possesses a collective memory strength and high adherence to traditional rules as part of everyday religious practice. The research utilizes ethnographic methodology …

The Role Of Salimah Mass Organization In Build The Family Resilience (Case Study In Cimanggis Sub-District, West Java, 2019-2022), Izzah Asy Syahidah, Basuni Imamuddin

International Review of Humanities Studies

Weak family resilience can cause various problems for family or society. Ideally, building family resilience is also needed society support. It will be more efficient if there is a place where people work together, such as a mass organization. One of the organizations that has contributed in building family resilience is Salimah (Muslimah Association). It is a mass organization of Indonesian Muslim women that focuses on providing solutions to improve the quality of women, children, and families. Salimah has many programs aimed at building family resilience. This study aims to examine Salimah’s role in building family resilience in Cimanggis sub-district, …

Tek Seng Bio Temple As A Symbol Of History And Locality Of The Chinese Indonesian Community In Cikarang, Harry Farinuddin, Didik Pradjoko

International Review of Humanities Studies

This article examines Tek Seng Bio (德圣庙) Temple within the context of the temple as the symbol of local history among Chinese Indonesians in Cikarang. Established in 1900 by Tjio Lo Weh (蒋維内) from Fujian, the temple marked the inception of a Chinese settlement in North Cikarang. Unique in its devotion to Lín Tài Shī Gōng/Liem Tay Soe Kong (林太师公) as their main deity, Tek Seng Bio Temple originally functioned as a private familial place of worship. However, its transition to a public worship house faced challenges in 1967, with Presidential Instruction Number 14 imposing restrictions on Chinese religious practices, …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Verbal Text Supports On Pictures In Creating Destination Image, Siti Aisyiyah, Myrna Laksman-Huntley, Filia Filia Dr.

International Review of Humanities Studies

Recently, social media like Instagram, YouTube, and Facebook have been widely used for tourism destination attractiveness. The research investigates how to create a tourism destination image on Instagram from a social semiotic perspective. Data comprises 17 photos of Blue Flame posted by 7 Destination Marketing Organizations (DMOs). Applying the Visual Grammar framework by Kress & Leeuwen (2021), particularly the representational meta function, and Speech Functions by Halliday & Matthiessen (2014), this study finds how verbal texts support visual modes in creating the image of the Blue Flame at Ijen Geopark. Findings show that: (i) Narrative non-transactional action photos are more …

Orality Inheritance Of Makalelon Wakan Song: Oral Tradition Of Tontemboan Minahasa, Arter Jodi Senduk

International Review of Humanities Studies

This research discusses about an oral tradition of Makalelon song of Tontemboan Minahasa ethnicity. This Makalelon Wakan is an originally traditional sub-ethnic song of Tontemboan Minahasa with lyrics in Tontemboan, Manado Malay and Indonesian, entitled 1) Minta Doa, 2 Tumembo Meko, 3) Di bawah Sinar, 4) Si Pisok Matelew-telew, 5) Sungguh Ibu, 6) Saaku Tumanei, 7) Bila Malam Tiba, 8 E Po’ok-po’ok, and 9) Saaku Cabow still continue being sung by the Minahasan people until now. From the research result, it is found that the Makalelon song has been the form of supplications and …

Building Empathy And Unveiling Reality: The Role Of Metaphor And Simile In Max Havelaar, Barbara Elisabeth Lucia Pesulima

International Review of Humanities Studies

In Indonesia Multatuli's Max Havelaar is regarded as a powerful indictment of Dutch colonialism in Indonesia. Extensive research has explored the novel's historical context, social critique, and its influence on Indonesian nationalism, but less attention has been paid to the literary devices that give the novel its enduring emotional power. This paper fills this gap by examining how metaphor and simile presented in the dialogs found in the novel function as key instruments in shaping the reader's experience. Existing studies of Max Havelaar often delve into the novel's historical background, its scathing critique of Dutch colonial practices, and its role …

Phylogenetic Analysis Of Anthropomorphic Rock Art: A Study Of Material Culture Evolution, Muhammad Faisal Chair, Ali Akbar

International Review of Humanities Studies

This paper provides an explanation of the application of phylogenetic analysis, derived from biology, to be applied in archaeology with the aim of observing evolutionary phenomena, the development of ideas, and the dissemination of ideas from material culture. Phylogenetics will be applied to data on anthropomorphic motifs at five rock art sites in West Sumatra: Gua Lidah Air, Gua Runjo, Ngalau Tompok Syohiah, Batu Basurek, and Gua Basurek. The main stages in this analysis involve collecting representative data in the category of distinctive values from each rock art site. Distinctive values data is obtained through observation and identification of morphological …

Poetry Of The Singing Palm Tree: The Tradition Of Tapping Palm Trees In Sabu Raijua, Ntt, Daniel Hariman Jacob

International Review of Humanities Studies

This article is a research study focusing on the poetry singing performed by palm sap tappers in Sabu Raijua, which has become the identity of the people of Sabu Raijua, NTT. The poems that are sung are part of the process of tapping palm sap. This tradition has become the identity of the Sabu (Do Hawu) people. This research aims to show which poems are sung by the Sabu people while tapping palm sap and examine these poems using a literary and oral tradition approach. Additionally, this article reveals the poems of the Palm Tree Song (Alure Pakolo Due) in …

Approach Of Biography Of Objects: A Passage From Profane To Sacred, Fierda Al Jahra, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the life journey of buildings through the Biography of Things approach taken through a case study of the Bouwploeg building which is currently the Cut Meutia Mosque. The change from an office building as a profane building to a mosque as a sacred building is the reason for the biography of things approach. This research uses the main data in the form of the Cut Meutia Mosque building, which is still standing in Menteng, Central Jakarta. The research method used in this research is based on the K. R. Dark framework which consists of data sources, data, …

Deutsche Welle’S Coverage Of Palestine And Israel From December 1st To December 8th 2023: A Critical Discourse Analysis, Zahirah Soraya Nurromadini, Sonya Puspasari Suganda

International Review of Humanities Studies

The attacks on October 7th, 2023 sparked a new wave of escalation between Israel and Palestine with global news coverage. Though there is coverage on both sides, many are calling out the Western news media for being biased in their reports. This paper explores the diction used by Deutsche Welle (DW) when reporting Palestine and Israel from December 1st to December 8th, 2023. The paper will use the Critical Discourse Analysis (CDA) theory by Norman Fairclough to process the data using a qualitative approach. The study aims to examine whether the diction used by DW journalists in their reports reflects …

Material Culture As A Lifestyle And Self-Identity: A Case Study Of The Rotating Savings To Buy An Iphone In Indonesia, Ghilman Assilmi

International Review of Humanities Studies

Branding as a cultural production is a phenomenon that involves the creation of narratives, symbols, and identities that affect individuals and social. Through the study of material culture, this article discusses the representation of a person's lifestyle and self-identification in meeting the needs of smartphones with the iPhone brand. Using the literature study method, social media data on the internet shows that there is a business service strategy in the form of savings or social gathering in buying an iPhone to consumers. The research results show that strong branding images built by Apple Inc. make people who economically are not …

'We Only Want To Plant Oil Palm": An Ethnohistory Of Illegal Peasant’S Oil Palm Plantations In Muaro Jambi, Jambi Province, Indonesia, Yudi Bachrioktora

International Review of Humanities Studies

The increasing global demand for vegetable oils and biofuels is a determining factor in increasing oil palm expansion in Indonesia. The current studies of Indonesia's oil palm expansion focus on companies' large-scale land acquisition. In this process, often called land grabbing, small peasants are excluded from the acceleration of oil palm expansion. This research focuses on the rarely discussed topic of the participation of small peasants in the palm oil production chain. Employing ethnohistory, this research unfolds the impact of oil palm expansion on small peasants and indigenous people, especially those who expand their plantations into the forest in Jambi …

The Strategy Of Featuring The Game Honor Of Kings Through Characterization In The Drama Series You Are My Glory (2021), Bella Homario, Adi Kristina Wulandari

International Review of Humanities Studies

The drama series You Are My Glory (Nǐ shì wǒ de róngyào你是我的荣耀), directed by Wang Zhi (王之), aired in 2021 and consists of 32 episodes. This research focuses on the first 14 episodes, which showcase the popularity of the game Honor of Kings-HoK (Wángzhě róngyào王者荣耀) through the interactions and dialogue between the two main characters, Yu Tu (于途) and Qiao Jingjing (乔晶晶). The integration of the popular online game HoK with the drama, starring top actors and actresses, represents a novel strategy that warrants further study. The analysis is conducted intrinsically by examining the characterizations of …

Avoiding Pragmatic Oddity: A Bottom-Up Defeasible Deontic Logic, Guido Governatori, Silvano Colombo Tosatto, Antonio Rotolo

Centre for Computational Law (2022-2025)

This paper presents an extension of Defeasible Deontic Logic to deal with the Pragmatic Oddity problem. The logic applies three general principles: (i) the Pragmatic Oddity problem must be solved within a general logical treatment of contrary-to-duty (CTD) reasoning; (ii) non-monotonic methods must be adopted to handle CTD reasoning; (iii) logical models of CTD reasoning must be computationally feasible and, if possible, efficient. The proposed extension of Defeasible Deontic Logic elaborates a preliminary version of the model proposed by Governatori and Rotolo [15]. The previous solution was based on particular characteristics of the (constructive, top-down) proof theory of the logic. …

Populists In Power And Constitutional Counternarratives, Giuseppe Martinico

Cardozo Law Review

In this essay I shall comment on A Pluralist Theory of Constitutional Justice by Professor Michel Rosenfeld, by developing three points that have to do with the legacy of Carl Schmitt’s constitutional theory. The first is about the progressive weaponization of constitutional law that characterizes what I call the populist constitutional counternarrative. In particular, I will explore how populists in power use constitutional law. The second point has to do with the notion of constituent power in a context of comprehensive pluralism. The third point is about the relationship between constitutionalism and political theology. The intuition behind this is that …

The Universal And Its Others: Dialectics And Conflict In Comprehensive Pluralism, Julie Saada

Cardozo Law Review

Since the release of Rawls’s A Theory of Justice in 1971, discussions on the role of groups, redistribution, and symbolic recognition have gained unprecedented attention in North America and Europe. How can we ensure equal recognition among groups and foster equitable access to goods in a way that provides fair distribution not only among groups (plurality) but also within groups (the singular) so that all are politically and socially included on a common shared basis (the universal)? While the approach to this question differs between America and Europe—think of French republican universalism and the historical evolution of the concept of …

Language, Legitimacy, And The Law: The Social Roots Of Legal Obligation, Joshua Keton

Dissertations, Theses, and Capstone Projects

In a recent turn, both legal scholarship and judicial practice in the United States have converged on the idea that the content of the law is grounded on moral facts—especially facts about democracy. Leveraging insights from the philosophy of language, especially the underdetermination of meaning by syntax and semantics, I argue that textualism can only be reconstructed as a small part of a complete theory of legal interpretation. I then consider a more serious claim to the necessity of moral facts in metaphysically grounding the content of the law. As Mark Greenberg’s anti-positivist theory would have it, the content of …

Vrouwenwerk | Beyondtheglassceiling: Educate, Empower, Reimagine, Malou Lena Julia Desplenter

Master's Theses

In contemporary society, social media platforms have emerged as powerful tools for advocacy and activism. This thesis explores the potential of Instagram in raising awareness and fostering dialogue around workplace equity for women in Belgium. Inspired by influential women's advocacy accounts, I embarked on a journey to fill a noticeable gap in the digital landscape – the absence of Belgian-centric content addressing workplace empowerment for women. Grounded in the unique intersections of Belgian national policies, European Union directives, and global socio-economic dynamics, this capstone delves into the multifaceted challenges faced by Belgian women in the workplace.

Through critical historical analysis …