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Articles 1 - 7 of 7
Full-Text Articles in Philosophy
Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas
Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery Nicholas
Jeffery Nicholas
I argue that Aristotle could not be a fore-runner to liberalism, because his view of humanity is that human beings are constituted by a community and achieve self-fulfillment only as so constituted. Thus, Aristotle endorses a unique position that defends the freedom and self-development of the individual within the parameters of a social order.
On The Analytic-Continental Divide In Philosophy: Nietzsche's Lying Truth, Heidegger's Speaking Language, And Philosophy, Babette Babich
On The Analytic-Continental Divide In Philosophy: Nietzsche's Lying Truth, Heidegger's Speaking Language, And Philosophy, Babette Babich
Articles and Chapters in Academic Book Collections
This article explores the question of the nature of the differences between analytic and continental styles of philosophizing, raising the political stakes of the professional differentiation between, and especially: the denial of the difference between analytic philosophy and continental philosophy. Discusses the question of the annexation of the philosophical themes of continental philosophy on the part of analytic philosophy, annexation because it is not dialogical or hermeneutical, appropriation or cooption simply by refusing the distinction between styles altogether.
Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery L. Nicholas
Rights, Individualism, Community: Aristotle And The Communitarian-Liberalism Debate, Jeffery L. Nicholas
Jeffery L Nicholas
I argue that Aristotle could not be a fore-runner to liberalism, because his view of humanity is that human beings are constituted by a community and achieve self-fulfillment only as so constituted. Thus, Aristotle endorses a unique position that defends the freedom and self-development of the individual within the parameters of a social order.
Kuhn's Paradigm As A Parable For The Cold War: Incommensurability And Its Discontents From Fuller's Tale Of Harvard To Fleck's Unsung Lvov, Babette Babich
Kuhn's Paradigm As A Parable For The Cold War: Incommensurability And Its Discontents From Fuller's Tale Of Harvard To Fleck's Unsung Lvov, Babette Babich
Articles and Chapters in Academic Book Collections
In a journal issue dedicated to a discussion of Steve Fuller's Thomas Kuhn: A Philosophical History for Our Times, I argue that Kuhn’s limited acknowledgment of Fleck’s influence on his The Structure of Scientific Revolutions was due to a foundational incommensurability between the standard conceptual framework for philosophical studies of science and Fleck’s historico-social and praxis-oriented approach to scientific progress. The incommensurability in question constituted an insurmountable tension between the kind of language and thinking manifest in Fleck’s study and the conceptual language evident in Kuhn and characteristic of one might still call the received view’ in philosophy of science. …
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
What Do We Mean By "Judicial Independence"?, Stephen B. Burbank
All Faculty Scholarship
In this article, the author argues that the concept of "judicial independence" has served more as an object of rhetoric than it has of sustained study. He views the scholarly literatures that treat it as ships passing in the night, each subject to weaknesses that reflect the needs and fashions of the discipline, but all tending to ignore courts other than the Supreme Court of the United States. Seeking both greater rigor and greater flexibility than one usually finds in public policy debates about, and in the legal and political science literatures on, judicial independence, the author attributes much of …
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
Something For Nothing: Liberal Justice And Welfare Work Requirements, Amy L. Wax
All Faculty Scholarship
Welfare reform legislation enacted in 1996, which created the Temporary Assistance for Needy Families (TANF) program, makes entitlement to federal poor relief conditional on fulfilling work requirements. The article addresses the following timely question: whether just liberal societies should require work as a condition of public assistance for the able-bodied, or whether aid should be provided unconditionally through, for example, a basic guaranteed income for all. Drawing on the work of liberal egalitarian theorists, the article investigates whether standard liberal theories of justice can help make sense of arguments commonly voiced in favor of work requirements: that unconditional welfare guarantees, …
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …