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Articles 871 - 900 of 1012

Full-Text Articles in Philosophy

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld Mar 1996

Can Rights, Democracy, And Justice Be Reconciled Through Discourse Theory? Reflections On Habermas’S Proceduralist Paradigm Of Law, Michel Rosenfeld

Cardozo Law Review

There are different images or paradigms of law which correspond to different conceptions of justice and different sources of legitimacy. Moreover, in the context of complex, pluralistic contemporary societies, the relationship between law, justice, and legitimacy has become acutely problematic as competing conceptions of the good cast legal relationships as relationships among strangers, and as justice according to law seems irretrievably split from justice against or beyond law. In the face of these difficulties, one could simply abandon the quest for justice beyond law and settle for a combination of democracy and legal positivism which would reduce political legitimacy to …

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Habermas And The Counterfactual Imagination, Michael K. Power Mar 1996

Habermas And The Counterfactual Imagination, Michael K. Power

Cardozo Law Review

The epistemological problem of critical theories is easy to state but hard to resolve. On the one hand, if the theories are too descriptive and draw their conceptual resources from the ideas and institutions which currently exist, they lose their critical force. While they may provide elaborate reconstructions of the structure of social practices, they remain internal to these practices, part of a field of knowledge in which, at worst, theory is merely a form of public relations. On the other hand, if they articulate forms of critique that are entirely external to the systems of knowledge and practice that …

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Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble Mar 1996

Law And Undecidability: A New Vision Of The Proceduralization Of Law, Jacques Lenoble

Cardozo Law Review

As a leading citizen of the Age of Reason, Pierre Simon Laplace liked to remark that there never could have been two Isaac Newtons for there was but a single world to be discovered. Laplace's aphorism neatly captured a fundamental assumption that has underlain the classical unity of science and reason under modernity. Today, in the wake of challenges posed by intellectual developments such as unstable systems and chaotic structures, the classical presupposition of a stable, objective, and physical world that serves as the horizon of scientific knowledge has begun to teeter. New cracks in the grand edifice of modem …

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Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould Mar 1996

Law And Philosophy: Some Consequences For The Law Deriving From The Sociological Reconstruction Of Philosophical Theory, Mark Gould

Cardozo Law Review

Jurgen Habermas wants to provide a (quasi) transcendental grounding for democracy. He believes that the constituent attribute of Homo Sapiens is ordinary speech and that embedded in speech is a set of "validity claims" that are redeemable-asymptotically-only in an ideal speech situation. This ideal serves as a regulative fiction for our everyday world of social institutions. While it may not actually be present in institutional form, it serves as a ground for the normative critique of the actual social world in which we live.

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Logos-Sophia, Pittsburg State University Philosophical Society Jan 1996

Logos-Sophia, Pittsburg State University Philosophical Society

LOGOS-SOPHIA: The Journal of the PSU Philosophical Society

Logos-Sophia, Volume 8, Spring 1996. The Journal of the Pittsburg State University Philosophical Society has largely been a student publication with occasional faculty contributions.

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The Semblance Of Ideologies And Scientific Theories And The Constitution Of Facts, Rory J. Conces Jan 1996

The Semblance Of Ideologies And Scientific Theories And The Constitution Of Facts, Rory J. Conces

Philosophy Faculty Publications

Responding to those who want to consign ideologies to the dustbin of history, I make what is perhaps an unexpected connection between ideologies and scientific theories to ward off what may amount to be an assault on the former's cognitive value. Although there are significant differences between ideologies and scientific theories, particularly in terms of objectivity and openness to innovation, I find that they are similar insofar as each is a cognitive fund which allows us to make sense of the world that we live in. Part of the sense-making quality of scientific theories is that they allow us to …

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An Analysis Of Isenberg's Aesthetic Theory And Its Application To The Works Of Monet And Smokey, Tracee Elizabeth Gross May 1995

An Analysis Of Isenberg's Aesthetic Theory And Its Application To The Works Of Monet And Smokey, Tracee Elizabeth Gross

Undergraduate Honors Capstone Projects

Aesthetics is a branch of philosophy, which attempts to define art using a set of purported characteristics that, when applied to particular pieces, will aid in making discriminations between art and non-art. Aesthetics also traditionally examines the creation, appreciation, and criticism of art. Theories of aesthetics are constructed to assist one in making judgments as to whether or not a piece is art or is beautiful. Ideally, theories serve two primary tasks. The first is to provide an explanation, which will aid in separating out those items not covered in the scope of the theory. Also, theories are used as …

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The New Fuzziness: Richard Rorty On Education, Phillip E. Devine Jan 1995

The New Fuzziness: Richard Rorty On Education, Phillip E. Devine

Philosophy Faculty Publications

The New Fuzziness: Richard Rorty and Education is an examination of the works of Richard Rorty, focusing on his impact on education. Richard Rorty is "one of the most provocative and influential of contemporary thinkers writing in English." This unpublished manuscript is written by Dr. Philip E. Devine, Professor of Philosophy at Providence College.

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"Pleasing Passages": Style In The Old English Pastoral Care, Ray Moye Jan 1995

"Pleasing Passages": Style In The Old English Pastoral Care, Ray Moye

Quidditas

The Old English Pastoral Care, a translation of Gregory the Great's Liber Regula Pastoralis which King Alfred completed sometime in the first few years of the 890s, was the first in a series of translations of Latin Christian works in English that would serve as the foundation of Alfred's program of cultural and educational reform aimed at restoring England's preeminence as a leading Christian intellectual center. This reputation that the land had enjoyed during the glory days of Bede and Alcuin had been lost as a consequence of continual Viking invasions in the eighth and ninth centuries, with the …

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(1995) On The Theme Of “Teaching For Higher Order Thinking Skills”, Laurance J. Splitter Jan 1995

(1995) On The Theme Of “Teaching For Higher Order Thinking Skills”, Laurance J. Splitter

Collected Papers of Laurance J. Splitter

In my view, the “lower-order/higher-order" dichotomy has passed its “use by" date. If we examine concepts like “comprehension” and "knowledge" a-Ia Bloom, and even such a focal curriculum concept as “literacy", what we uncover are not single skills which are at some point on a “lower-order/higher-order” scale but, at best, complexes of skills ranging from the more, to the less, basic. To teach for better thinking involves understanding the complexity of “thinking" and of those many skills which comprise it. It involves understanding that the kinds of characteristics offered by theorists of thinking do not pick out a higher – …

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Stop Making Me Laugh, Can't You See I'M Dying Here?, Pam Parrish Jan 1995

Stop Making Me Laugh, Can't You See I'M Dying Here?, Pam Parrish

Anthós Journal (1990-1996)

The Phaedo comprises one speech. This speech is delivered in the form of a war; a war that wonders about and is fought over the existence of the soul after the death of the body. Does the soul here perish, or is it truly immortal? The life or death of the soul becomes in this sense the prize of the war-the underlying cause, the quest for knowledge of the Truth. Thus, the side that presents the prevailing theory of the soul receives, not only the honor of possessing the answer to this long and much-sought after question, but also the …

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Scientific Discipline And The Origins Of Race: A Foucaultian Reading Of The History Of Biology, Ladelle Mcwhorter Jan 1995

Scientific Discipline And The Origins Of Race: A Foucaultian Reading Of The History Of Biology, Ladelle Mcwhorter

Philosophy Faculty Publications

Foucault's "power-knowledge" is a controversial concept. Brought into English-speaking theoretical circles less than two decades ago, its meaning and range of applicability are still in dispute. While no one denies that some fields of social scientific knowledge (such as criminology) intersect institutionally with mechanisms of power, these intersections do not seem, to many, to constitute any essential relation of "mutual reinforcement" between knowledge and power. If, in rare cases, politics and scientific research are admitted to be mutually constitutive, the results of their mingling are typically dismissed as propaganda or pseudo-science. A few thinkers are willing to allow the entirety …

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Review Essay: De' Medici, Lorenzo. The Autobiography Of Lorenzo De' Medici The Magnificent: A Commentary On My Sonnets, Joseph Rosenblum Jan 1995

Review Essay: De' Medici, Lorenzo. The Autobiography Of Lorenzo De' Medici The Magnificent: A Commentary On My Sonnets, Joseph Rosenblum

Quidditas

de' Medici, Lorenzo. The Autobiography of Lorenzo de' Medici the Magnificent: A Commentary on My Sonnets. Trans. James Wyatt Cook. Medieval & Renaissance Texts & Studies, vol. 129. Medieval & Renaissance Texts & Studies, Binghamton, N.Y., 1995. 289 pp. $28.

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'Turnabout Intruder' Turned About Or What Became Of James Kirk And Janice Lester, Donald W. Viney Apr 1994

'Turnabout Intruder' Turned About Or What Became Of James Kirk And Janice Lester, Donald W. Viney

Faculty Submissions

The last episode of the classic Star Trek series, "Turnabout Intruder" can serve as a thought experiment to raise anew the philosophical question about the relation of mind and body. The writers of the episode present the case of the "life entity transfer" between James Kirk and Janice Lester as a question of minds switching bodies, but another view is possible: perhaps the two become temporarily confused about who they are.

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Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell Apr 1994

Daubert V. Merrell Dow Pharmaceuticals, Inc.: Epistemiology And Legal Process, Margaret G. Farrell

Cardozo Law Review

Justice Blackmun's majority opinion in Daubert v. Merrell Dow Pharmaceuticals, Inc. acknowledges that law and science have different goals, but it fails to recognize the implications of those differences for legal process. Recent increases in the scientifically-based claims brought in the federal courts, and in the size and complexity of the litigation in which such claims are made, have raised the stakes in the debate. At the same time, scientific concepts of relativity, uncertainty, and multiple causation are at odds with simple, legal notions about fact-finding and cause and effect. This disparity between legal and scientific understandings over the admission …

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Logos-Sophia, Pittsburg State University Philosophical Society Jan 1994

Logos-Sophia, Pittsburg State University Philosophical Society

LOGOS-SOPHIA: The Journal of the PSU Philosophical Society

Logos-Sophia, Volume 6, Spring 1994. The Journal of the Pittsburg State University Philosophical Society has largely been a student publication with occasional faculty contributions.

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Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii Jan 1994

Law And Philosophy, Philosophy And Law, Francis J. Mootz Iii

Scholarly Works

A roundtable discussion about the relevance of contemporary hermeneutical philosophy for legal theory raises a foundational question often neglected in interdisciplinary articles: What is the relationship between law and philosophy? The burgeoning scholarship drawing connections between legal theory and philosophy increasingly has come under attack for displaying a naive view about the potential legitimate exchanges between philosophers and legal academics. I have written elsewhere at length about the important insights that philosophical hermeneutics can lend to jurisprudential discussions of the rule of law. In this essay, I develop my argument by stepping back and attending more generally to the connections …

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The Patrilineal Discourse Of Enlightenment: Reading Foucault Reading Kant, Thomas Paul Bonfiglio Jan 1994

The Patrilineal Discourse Of Enlightenment: Reading Foucault Reading Kant, Thomas Paul Bonfiglio

Languages, Literatures, and Cultures Faculty Publications

The English translation of Foucault's unpublished French manuscript addressing Kant's statement on enlightenment appeared in 1984, 200 years after the publication of Kant's essay. Foucault meant to entitle his essay as Kant did, but instead he gave it the interested and partially correspondent title What is Enlightenment? This is only a partial correspondence, because the full title of Kant's essay is Beantwortung der Frage: Was ist Aufklärung? Foucault's title suppresses the fact that Kant's essay is not framed as a question, but as a definitive answer. This is present in the perfectiveness of the initial substantive; it is not an …

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Self-Overcoming In Foucault's Discipline And Punish, Ladelle Mcwhorter Jan 1994

Self-Overcoming In Foucault's Discipline And Punish, Ladelle Mcwhorter

Philosophy Faculty Publications

Prisons are veritable universities of crime. Within them young offenders learn both the values and the techniques of hardened criminals. In addition to these lessons in professional ethics and theory, aspiring criminals also get hands-on experience within prison walls, for prisons are also centers of criminal activity: drug and arms trafficking, rape, gang warfare, and murder. And, like all good universities, prisons help their proteges make the contacts they need to further their budding careers.

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Legitimating A Theodicy : Peter Berger And The Search For Meaning In Post-Enlightenment Society, James A. Collins Jan 1994

Legitimating A Theodicy : Peter Berger And The Search For Meaning In Post-Enlightenment Society, James A. Collins

Theses: Doctorates and Masters

This thesis seeks to provide an overview and examination of the thought of the significant contemporary sociologist, Peter L. Berger. Berger is concerned with the issue of how meaning is constructed in modern, secular, bureaucratic society. Furthermore, this thesis seeks to outline, and trace the development of, Berger's thought. To achieve this the thesis examines Berger's use of the disciplines of the sociology of knowledge and religion, along with contemporary studies in religion and theology. Berger, by linking the function of a theodicy with that of making meaning, allows for theodicies to be conceived of in the broader context of …

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A Christian Perspective On Philosophy, Donald H. Wacome Dec 1993

A Christian Perspective On Philosophy, Donald H. Wacome

Faculty Tenure Papers

No abstract provided.

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Chaos Theory And The Justice Paradox, Robert E. Scott Oct 1993

Chaos Theory And The Justice Paradox, Robert E. Scott

William & Mary Law Review

No abstract provided.

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Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon May 1993

Truth And Consequences: The Force Of Blackmail's Central Case, Wendy J. Gordon

Faculty Scholarship

Blackmail commentary continues to proliferate. One purpose of this paper is to show what we agree on. Its primary tool will be to define what I call the "central case" of blackmail literature, and to supply the connecting links that will allow us to see how various normative theories converge in condemning central case blackmail. Admittedly, the law criminalizes more than my central case. But once we recognize that the central case is neither puzzling nor paradoxical, it may be easier to handle the border cases that arise.

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The Woes Of Creation Science, Donald W. Viney Apr 1993

The Woes Of Creation Science, Donald W. Viney

Faculty Submissions

This article presents the case against Creation-Science by detailing its failures with respect to science, philosophy, hermeneutics, and theology. Despite its many flaws it may usefully serve as a good example of a bad thing.

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Logos-Sophia: Creation Vs. Evolution, Pittsburg State University Philosophical Society Jan 1993

Logos-Sophia: Creation Vs. Evolution, Pittsburg State University Philosophical Society

LOGOS-SOPHIA: The Journal of the PSU Philosophical Society

Logos-Sophia, Volume 5, Spring 1993. The Journal of the Pittsburg State University Philosophical Society has largely been a student publication with occasional faculty contributions.

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(1993) Child And Fool In The Western Wisdom Tradition, David K. Kennedy Jan 1993

(1993) Child And Fool In The Western Wisdom Tradition, David K. Kennedy

Collected Papers of David Kennedy

The child and the fooL as they were presented in wisdom discourse stand for a crisis in the human understanding of self in its relation to whole, or cosmos. This crisis is, in fact, the very crisis represented by philosophy, if philosophy is thought of in that ultimate sense identified by Socrates in the Phaedo "practicing death'. For death is the great, paradigmatic crisis in human understanding. Like a fool, Socrates takes "practicing" it as the most important thing a person could do, rather than, like a sensible man, avoiding it in any way possible. This reversal leads him into …

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Review Of Hans Reiss, Editor, Kant, Political Writings (1991), Harry Van Der Linden Apr 1992

Review Of Hans Reiss, Editor, Kant, Political Writings (1991), Harry Van Der Linden

Scholarship and Professional Work - LAS

This collection of the political writings of Kant is part of the new Cambridge Texts in the History of Political Thought.

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On Descartes' Presuppositionless Philosophy, W. Tyler Johnson Mar 1992

On Descartes' Presuppositionless Philosophy, W. Tyler Johnson

Undergraduate Honors Capstone Projects

The history of human thought seems to be a quest for truth. Each looking for some evidence of a higher law, the biologist looks at living tissue, the chemist looks in the molecule, and the physicist looks inside the atom while the mathematician looks beyond matter and the theist looks toward God. Uncertainty and ignorance have traditionally been despised and rejected in favor of Knowledge and Rigor by all such scientists. Rene Descartes is commonly understood to be the father of this modernism as he was the first to replace the Church and its authoritarianism with a belief in the …

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The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner Mar 1992

The Two Faces Of Janus: Rethinking Legal Pluralism, Gunther Teubner

Cardozo Law Review

No abstract provided.

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Law, Morality, And Autopoiesis In Niklas Luhmann: Comment On Drucilla Cornell’S Time, Deconstruction, And The Challenge To Legal Positivism: The Call For Judicial Responsibility, Charles Larmore Mar 1992

Law, Morality, And Autopoiesis In Niklas Luhmann: Comment On Drucilla Cornell’S Time, Deconstruction, And The Challenge To Legal Positivism: The Call For Judicial Responsibility, Charles Larmore

Cardozo Law Review

No abstract provided.

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