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Articles 1 - 9 of 9

Full-Text Articles in Philosophy

From Fleck’S Denkstil To Kuhn’S Paradigm: Conceptual Schemes And Incommensurability, Babette Babich Jan 2003

From Fleck’S Denkstil To Kuhn’S Paradigm: Conceptual Schemes And Incommensurability, Babette Babich

Articles and Chapters in Academic Book Collections

This article argues that the limited influence of Ludwik Fleck’s ideas on philosophy of science is due not only to their indirect dissemination by way of Thomas Kuhn, but also to an incommensurability between the standard conceptual framework of history and philosophy of science and Fleck’s own more integratedly historico-social and praxis-oriented approach to understanding the evolution of scientific discovery. What Kuhn named “paradigm” offers a periphrastic rendering or oblique translation of Fleck’s Denkstil/Denkkollektiv, a derivation that may also account for the lability of the term “paradigm”. This was due not to Kuhn’s unwillingness to credit Fleck but rather to …


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 Jan 2003

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. …


Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider Jan 2003

Speaking Volumes: Musings On The Issues Of The Day, Inspired By The Memory Of Mary Joe Frug, Regina Austin, Elizabeth M. Schneider

All Faculty Scholarship

No abstract provided.


Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White Jan 2003

Regionalization Of International Criminal Law Enforcement: A Preliminary Exploration, William W. Burke-White

All Faculty Scholarship

No abstract provided.


Shareholder Value And Auditor Independence, William W. Bratton Jan 2003

Shareholder Value And Auditor Independence, William W. Bratton

All Faculty Scholarship

This Article questions the practice of framing problems concerning auditors’ professional responsibility inside a principal-agent paradigm. If professional independence is to be achieved, auditors cannot be enmeshed in agency relationships with the shareholders of their audit clients. As agents, the auditors by definition become subject to the principal’s control and cannot act independently. For the same reason, auditors’ duties should be neither articulated in the framework of corporate law fiduciary duty, nor conceived relationally at all. These assertions follow from an inquiry into the operative notion of the shareholder-beneficiary. The Article unpacks the notion of the shareholder and tells a …


Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas Jan 2003

Harmonizing Substantive-Criminal Law-Values And Criminal Procedure: The Case Of Alford And Nolo Contendere Pleas, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas Jan 2003

The Right To Remain Silent Helps Only The Guilty, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


African American Student Athletes' Perceptions Of Career Transition In Sport: A Qualitative And Visual Elicitation, Keith Harrison Dec 2002

African American Student Athletes' Perceptions Of Career Transition In Sport: A Qualitative And Visual Elicitation, Keith Harrison

Dr. C. Keith Harrison

This study focuses on 26 African American athletes and explores their perceptions of athletic career transition. Participants consisted of student athletes from a United States National Collegiate Athletic Association (NCAA) Division IIA institution in the Southeastern region. Participants completed the Life After Sports Scale (LASS), a 58-item inventory utilized to qualitatively and quantitatively examine seven different domains which influence perceptions of the career transition process. The scope of this inquiry examines the qualitative domain of the LASS in which participants were visually primed with a narrative description of a student athlete that has made transition out of sport successfully. Five …


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 Dec 2002

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 …