Results for 'Quinn Conklin'
963 found
Order:
1 filter applied
- The researcher's guide to selecting biomarkers in mental health studies.Josine E. Verhoeven,Owen M. Wolkowitz,Isaac Barr Satz,QuinnConklin,Femke Lamers,Catharina Lavebratt,Jue Lin,Daniel Lindqvist,Stefanie E. Mayer,Philippe A. Melas,Yuri Milaneschi,Martin Picard,Ryan Rampersaud,Natalie Rasgon,Kathryn Ridout,Gustav Söderberg Veibäck,Caroline Trumpff,Audrey R. Tyrka,Kathleen Watson,Gwyneth Winnie Y. Wu,Ruoting Yang,Anthony S. Zannas,Laura K. M. Han &Kristoffer N. T. Månsson -2024 -Bioessays 46 (10):2300246.Clinical mental health researchers may understandably struggle with how to incorporate biological assessments in clinical research. The options are numerous and are described in a vast and complex body of literature. Here we provide guidelines to assist mental health researchers seeking to include biological measures in their studies. Apart from a focus on behavioral outcomes as measured via interviews or questionnaires, we advocate for a focus on biological pathways in clinical trials and epidemiological studies that may help clarify pathophysiology and (...) mechanisms of action, delineate biological subgroups of participants, mediate treatment effects, and inform personalized treatment strategies. With this paper we aim to bridge the gap between clinical and biological mental health research by (1) discussing the clinical relevance, measurement reliability, and feasibility of relevant peripheral biomarkers; (2) addressing five types of biological tissues, namely blood, saliva, urine, stool and hair; and (3) providing information on how to control sources of measurement variability. (shrink)
- ProfesserQuinn Replies.DermotQuinn -2001 -The Chesterton Review 27 (1/2):280-280.No categories
- Selecting Ethical Design Materials to Overcome Choice Paralysis in STEM.Sherri LynnConklin -2024 -Teaching Ethics 24 (1):1-24.Ethical choice paralysis is a major barrier to the implementation of ethical design materials into the technology design process. Choice paralysis seems to result from tacit background assumptions propagated by humanistic modes of critical inquiry. I propose that one way of obviating choice paralysis at the professional level is to educate STEM students on how to select ethical design materials for a project. In order to advance that endeavor, I propose some obligations especially for humanistically trained STEM ethics educators. Specifically, (...) I propose that these include obligations to affirm that students can indeed select workable ethical design materials for their projects, to avoid using humanistic modes of critical ethical inquiry when instructing on how to make those selections, and to note that maximizing for ideally ethical results may not be a primary selection criterion. (shrink)
- DermotQuinn on the Financial Crisis.DermotQuinn -2009 -The Chesterton Review 35 (1-2):295-300.
- Liberal Faith: Essays in Honor of PhilipQuinn.Philip L.Quinn &Paul J. Weithman (eds.) -2008 - University of Notre Dame Press.PhilipQuinn, John A. O’Brien Professor at the University of Notre Dame from 1985 until his death in 2004, was well known for his work in the philosophy of religion, political philosophy, and core areas of analytic philosophy. Although the breadth of his interests was so great that it would be virtually impossible to identify any subset of them as representative, the contributors to this volume provide an excellent introduction to, and advance the discussion of, some of the questions (...) of central importance toQuinn in the last years of his working life. Paul J. Weithman argues in his introduction thatQuinn’s interest and analyses in many areas grew out of a distinctive and underlying sensibility that we might call “liberal faith.” It included belief in the value of a liberal education and in rigorous intellectual inquiry, the acceptance of enduring religious, cultural, and political pluralism, along with a keen awareness of problems posed by pluralism, and a deeply held but non-utopian faith in liberal democratic politics. These provocative essays, at the cutting edge of epistemology, the philosophy of religion, philosophical theology, and political philosophy, explore the tenets of liberal faith and invite continuing engagement with the philosophical issues. “PhilipQuinn was admired enormously throughout the world of professional philosophy.... His reputation for rigor, his tireless service to the profession, and his essentially ‘non-dogmatic,’ but philosophically sophisticated faith is widely admired... The essays in this volume are first-rate contemporary philosophy along with an excellent introduction toQuinn’s work.” —_Charles Taliaferro, St. Olaf College_ "The papers that form _Liberal Faith_ give insightful treatments of three types of questions: first, how can we conscientiously believe something when there are many people we admire who do not believe it, and what is the underlying relation here between justification and rationality; second, what does it mean to desire union with God, and can Christians properly believe in the possibility of eternal self-annihilation; third, how should liberal democracy accommodate the religious convictions of its members, whether some comprehensive doctrine such as a religion is required to justify a commitment to human equality, and whether there is an absolute moral prohibition on the state use of torture. The volume has an unusually good introduction putting the papers into dialog with each other and with the work of PhilipQuinn. The papers are cohesive because the central themes of PhilipQuinn's work hold together into a picture of how Christianity and Liberal Democracy fit together." —_John Hare, Noah Porter Professor of Philosophical Theology, Yale Divinity School _ “This is a collection of high quality essays dealing with various topics related to PhilipQuinn’s work. The book makes an original contribution by virtue of its individual papers, each of which is new. These essays will be of interest to scholars and students who followedQuinn’s work, especially in philosophy of religion and political philosophy.“ —_John Greco, The Leonard and Elizabeth Eslick Chair in Philosophy, Saint Louis University _. (shrink)
- Babies, Bodies, and the Production of Personhood in North America and a Native Amazonian Society.Beth A.Conklin &Lynn M. Morgan -1996 -Ethos: Journal of the Society for Psychological Anthropology 24 (4):657-694.
- The trace of legal idealism in Derrida's grammatology.William E.Conklin -1996 -Philosophy and Social Criticism 22 (5):17-42.Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposition between identity and non-identity. The soft 'a' refers to the production (...) of differences, and the 'differences between differences'. Derrida calls this preceding moment before metaphysics and before language 'the play of differ ences'. Key Words: Derrida • ethics • legal • phenomenology • semiotics. (shrink)
- The psychology of religious adjustment.Edmund SmithConklin -1929 - New York: Macmillan.
- Ecumenism and theology.S. J. JamesQuinn -1967 -Heythrop Journal 8 (4):373–380.
- Phenomenology and Art.Michael SeanQuinn -1979 -Journal of Aesthetics and Art Criticism 38 (2):203-204.
- Hegel, the Author and Authority in Sophocles’ Antigone.William E.Conklin -1997 - In Leslie G. Rubin,Justice V. Law in Greek Political Thought. Rowman & Littlefield Publishers. pp. 129-51.Abstract: WilliamConklin takes on Hegel’s interpretation of Sophocles’ Antigone in this essay. Hegel asked what makes human laws human and what makes divine laws divine? After outlining Hegel’s interpretation of Antigone in the light of this issue,Conklin argues that we must address what makes human law law? and what makes divine law law? Taking his cue from Michel Foucault’s “What is an Author?”, the key to understanding Sophocles’ Antigone and Hegel’s interpretation to it, according to
- The Invisible Origins of Legal Positivism: A Re-Reading of a Tradition.WilliamConklin -2001 - Springer Netherlands.Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws.Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. (...)Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state.Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative. (shrink)
- Rebecca Rogers, A Frenchwoman’s Imperial Stor.Alice L.Conklin -2017 -Clio 46.En racontant de très belle manière la vie de Madame Luce, enseignante française et arabophone dans l’Algérie de la fin du xixe siècle, Rebecca Rogers enrichit les travaux, de plus en plus nombreux, sur les Européennes installées dans la colonie dans les premières décennies de la colonisation. Centré sur une femme ordinaire, qui a laissé peu de traces dans les archives publiques, ce travail est en réalité une étude plus large, consacrée à l’histoire sociale des changements de pratiques éducati...No categories
- Some Aspects of the Marxian Philosophy of God.FrancisConklin -1954 -New Scholasticism 28 (1):38-57.
- The pedagogy of college ethics..Edmund SmithConklin -1911 - [Worcester, Mass.,: Hardpress Publishing.Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.No categories
- Philip P. Arnold, , Traditions of Systems Theory: Major Figures and Contemporary Developments . Reviewed by.Quinn DuPont -2014 -Philosophy in Review 34 (5):199-201.
- Context Sensitivity and Chance.Quinn Harr -2020 -Pacific Philosophical Quarterly 101 (4):562-581.‘Chance’ is arguably a context‐sensitive expression, a fact that some have thought bears upon the debate about the compatibility of determinism with objective, non‐trivial chances (chances with values other than 0 or 1). In this paper, I argue that this attempted move from context sensitivity to compatibilism is misguided, for a number of reasons. First, it relies on a theory of context sensitivity that we have independent reason to reject. Second, the resulting compatibilist position leaves unanswered precisely the sorts of (...) questions we reasonably expect a metaphysical account of chance to answer. (shrink)No categories
- New Perspectives on Old-Time Religion.Philip L.Quinn -1991 -Noûs 25 (2):244-247.No categories
- Actions, Intentions, and Consequences: The Doctrine of Double Effect.Warren S.Quinn -1989 -Philosophy and Public Affairs 18 (4):334-351.
- Religion in the Public Square: The Place of Religious Convictions in Political Debate.Philip L.Quinn -1997 -Philosophical and Phenomenological Research 60 (2):486-489.No categories
- Introduction.MalcolmQuinn -2021 -Revue D’Études Benthamiennes 20.The four articles in this special edition of Revue d’études benthamiennes, by Jean-Pierre Cléro, Tsin Yen Koh, Carrie Shanafelt and MalcolmQuinn, analyse the relationship of pleasure to cultural value in Bentham’s philosophy, particularly as this concerns questions of aesthetic judgment. An obstacle to the analysis of the relationship of pleasure to cultural value in Bentham’s thought, is that, aside from his consistent opposition to distinctions of good and bad taste, Bentham had very littl...No categories
- Actions, Intentions, and Consequences: The Doctrine of Doing and Allowing.Warren S.Quinn -1989 -Philosophical Review 98 (3):287-312.
- Philosophy's Role in Theorizing Psychopathology.Quinn Hiroshi Gibson -2024 -Philosophy, Psychiatry, and Psychology 31 (1):1-12.It is a mistake to think that any philosophical contribution to the study of psychopathology is otiose. I identify three non-exhaustive roles that philosophy can and does occupy in the study of mental disorder, which I call the agenda-setting role, the synthetic role, and the regulative role. The three roles are illustrated via consideration of the importance of Jaspers' notion of understanding and its application to specific examples of mental disorder, including delusions of reference, Capgras delusion and other monothematic delusions, (...) and clinical depression. Together the three roles assign to philosophy of psychopathology the task of determining how to situate the varieties of mental disorder within the system of interpretive and evaluative concepts that partially make up the dynamic but indispensable manifest image. (shrink)
- The Phenomenology of Modern Legal Discourse: The Juridical Production and the Disclosure of Suffering.WilliamConklin -1998 - Ashgate Pub Ltd.Making use of Kafka's The Trial, this book explores the theory behind modern legal discourse. In order to investigate the subject the author explores a range of questions: how and why does the legal discourse of a modern state conceal the experienced meanings of a non-knower; if one has been harmed, does the legal discourse recognize the harm; does the harm sometimes slip through the juridical categorizations; if recognized, is the harm re-presented through a vocabulary, grammar and gestural style which (...) are familiar to the expert knowers but not to the person harmed? (shrink)
- Nature, life and spirit: a Hegelian reading ofQuinn's vanitas art.Alexis Papazoglou &Hegel'S. Happy end GedQuinn -2014 - In Damien Freeman & Derek Matravers,Figuring Out Figurative Art: Contemporary Philosophers on Contemporary Paintings. New York: Acumen Publishing.Export citation
Bookmark - A Comparison of the Scale of Values Method with the Order-of-Merit Method.E. S.Conklin &J. W. Sutherland -1923 -Journal of Experimental Psychology 6 (1):44.No categories
- Effect of control lag on performance in a tracking task.Jack E.Conklin -1957 -Journal of Experimental Psychology 53 (4):261.
- Religion and Mortgage Misrepresentation.JamesConklin,Moussa Diop &Mingming Qiu -2022 -Journal of Business Ethics 179 (1):273-295.We investigate whether religion acts as a deterrent to the types of mortgage misrepresentation that played a significant role in the recent housing boom and bust. Using a large sample of mortgages originated from 2000 to 2007, we provide evidence that local religious adherence is associated with a lower likelihood of home appraisal overstatement and owner occupancy misreporting. The evidence on borrower income misrepresentation is mixed. Religiosity does not appear to reduce the incidence of income misrepresentation; however, it seems to (...) restrain the degree to which income is misrepresented. Our results are generally consistent with the hypothesis that religion, as a set of social norms, fosters ethical behavior, and possibly risk aversion, in the mortgage market. (shrink)
- The Oxford Handbook of Chaucer.SuzanneConklin Akbari &James Simpson (eds.) -2020 - Oxford University Press.This Handbook addresses Chaucer's poetry in the context of several disciplines, including late medieval philosophy and science, Mediterranean culture, comparative European literature, vernacular theology, and popular devotion.No categories
- The Trap.William E.Conklin -2002 -Law and Critique 13 (1):1-28.A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the (...) nature and identity of law. Flink comes to appreciate that law is adisplacing discourse rather than a structure ofcategories signified in an official writing. The analytic method familiar to officials incommon law jurisdictions, Flink comes tounderstand, excludes the experiential meaningsthat are manifested through unwritten gesturesand rituals. Officials embody signs withexperiential expectations and past assumptions.The embodiment of meaning brings life intolegal language. But such an embodiment isforgotten as officials decompose textualfragments and reported social events intoanalytic units. Legal analysis is so successfulthat officials even forget that they hadforgotten something so important as theembodiment of meaning. The professor and the spirit also ask whetherjustice is an `ought' and where one can locatesuch an `ought'. They conclude that there is astructure within which legal officials reason.The exteriority of the structure is anunwritten `ought' realm. But the structurepossesses a gap, which enters into such anunanalysable object-less realm. Analyticreasoning has assumed that reason can take anofficial only so far until she or he mustjourney outside the structure to anunanalysable realm of personal values. However, the embodiment of meanings alsoincorporates unwritten collective values ofwhich officials, precisely because of thesuccess of the analysis project in forgettingthat something was forgotten, have never beenconscious. It is such an unanalysable realmthat grounds or authorises the analyticproject. The exterior authorising origin of theanalytic units of the structure rests upon apossibility that requires faith on the part ofthe officials, a faith that there exists afoundation, radically different from theanalytic units, on the other side of thestructure. The officials can, at best, imagineor picture the authorising origin, located asit is in the unanalysable object-less realmexterior to the written language of thestructure. The imagined origin takes the `form'of a bodiless spirit. The officials are haunted by thepossibility that the structure of humanlyposited rules are ultimately authorised by aspirit. (shrink)
- The Logic of Mortality.Philip L.Quinn -1992 -Noûs 26 (1):102-104.No categories
- Rationalism, Optimism, and the Moral Mind.Quinn Hiroshi Gibson -2019 -Behavioral and Brain Sciences 42.I welcome many of the conclusions of May's book, but I offer a suggestion – and with it what I take to be a complementary strategy – concerning the core commitments of rationalism across the domains of moral psychology in the hopes of better illuminating why a rationalist picture of the mind can deliver us from pessimism.
- The Utilitarian Theory of Equality Before the Law.William E.Conklin -1976 -Ottawa Law Review 8 (3):485-517.This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable relationship (...) of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)
- The puzzle of the self-torturer.Warren S.Quinn -1990 -Philosophical Studies 59 (1):79-90.
- The Past 110 Years: Historical Data on the Underrepresentation of Women in Philosophy Journals.Nicole Hassoun,SherriConklin,Michael Nekrasov &Jevin West -2022 -Ethics 132 (3):680-729.This article provides the first large-scale, longitudinal study examining publication rates by gender in philosophy journals. We find that from 1900 to 1990 the proportion of women authorships in philosophy increased, but it has plateaued since the 1990s. Top Philosophy journals publish the lowest proportion of women, and anonymous review does not increase the proportion publishing in these journals. Value Theory journals do not publish articles by women in proportion to their presence in the subdiscipline. Although the proportion of women (...) authorships in philosophy has increased over time, measurable disparities persist. (shrink)
- New data on the representation of women in philosophy journals: 2004–2015.Isaac Wilhelm,Sherri LynnConklin &Nicole Hassoun -2018 -Philosophical Studies 175 (6):1441-1464.This paper presents new data on the representation of women who publish in 25 top philosophy journals as ranked by the Philosophical Gourmet Report for the years 2004, 2014, and 2015. It also provides a new analysis of Schwitzgebel’s 1955–2015 journal data. The paper makes four points while providing an overview of the current state of women authors in philosophy. In all years and for all journals, the percentage of female authors was extremely low, in the range of 14–16%. The (...) percentage of women authors is less than the percentage of women faculty in different ranks and at different kinds of institutions. In addition, there is great variation across individual journals, and the discrepancy between women authors and women faculty appears to be different in different subfields. Interestingly, journals which do not practice anonymous review seem to have a higher percentage of women authors than journals which practice double anonymous or triple anonymous review. This paper also argues that we need more data on academic publishing to better understand whether this can explain why there are so few full-time female faculty in philosophy, since full-time hiring and tenuring practices presumably depend on a candidate’s academic publishing. (shrink)
- The Philosopher of Science as Expert Witness.Philip L.Quinn -1984 - In James T. Cushing, Cornelius F. Delaney & Gary Gutting,Science and Reality: Recent Work in the Philosophy of Science. University of Notre Dame Press.
- Pascale Barthélémy, Africaines et diplômées à l’époque coloniale.Alice L.Conklin &Anne Hugon -2011 -Clio 33:301-303.L’excellent ouvrage de Pascale Barthélémy constitue un nouveau titre, très bienvenu, dans la floraison d’études dévolues à ce que Gregory Mann a appelé « la relation contrainte particulière » entre la France et l’Afrique. Pascale Barthélémy s’est penchée sur la petite minorité d’Africaines – à peine un millier au total – issues de la fédération d’Afrique Occidentale Française (AOF) et formées par les Français pour devenir sages-femmes, infirmières-visiteuses (jusqu’en 1938) ou encore institut...No categories
- The Legal Culture of Civilization: Hegel and His Categorization of Indigenous Americans.William E.Conklin -2014 - Wilfred Laurier University Press.The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)
- Chesterton, Argentina y la Economía Sensata.DermotQuinn -2007 -The Chesterton Review En Español 1 (1):78-89.No categories
- The (pre-)dawning of functional specialization in physics.Terrance J.Quinn -2017 - New Jersey: World Scientific.In modern physics, various fundamental problems have become topics of debate. There was the 20th century climb to a Standard Model, still accurate at the highest energy levels obtainable so far. But, since the 1970's, a different approach to physics advocates for theories such as string theory, known for their mathematical elegance, even though they either cannot be verified in data or contradict presently known experimental results. In philosophy of physics, there is a gradually emerging consensus that philosophy of physics (...) and physics somehow contribute to a common enterprise. But, there is little sign of progress toward consensus about the nature of that unity. All the while, it is generally recognized that physics is interdisciplinary. There are, of course, differences in focus. But, implicitly at least, there are no "sharp dividing lines" between physics and philosophy of physics; pure and applied physics; physical chemistry; biophysics; medical physics; history and philosophy of physics; physics and society; physics education; and so on. What, then, is progress in physics? The question here is not about ideal structures, but asks about what is going on in physics. Beginnings in discerning the presence of eight main tasks help reveal the (pre-) emergence of a normative omni-disciplinary basis for collaboration that, once adverted to, promises to be constitutive of a new and increasingly effective control of meaning. Originally discovered by Bernard Lonergan in 1965, progress in the new collaboration will not seek to eliminate specialized expertise. It will, though, divide tasks within an eightfold functional division of labor. This book invites attention to data for each of the eight main tasks evident and self-evident in existing scholarship in the community. (shrink)
- Time and Eternity.Philip L.Quinn -1996 -Philosophical Quarterly 46 (182):131-133.No categories
- (1 other version)The right to threaten and the right to punish.WarrenQuinn -1985 -Philosophy and Public Affairs 14 (4):327-373.
- A Phenomenological Theory of the Human Rights of an Alien.William E.Conklin -2006 -Ethical Perspectives 13 (3):411-467.International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)
- Which Takes Precedence: Collective Rights or Culture?WilliamConklin -2015 - In Almed Momeni-Rad, Arian Petoft & Alireza Sayadmansom,Cultural Rights: an Anthology. Iranian Cultural Services Society. pp. 115-152.This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)
- Notes . Discussion . Book reviews Hans Kelsen on Norm and language.William E.Conklin -2006 -Ratio Juris 19 (1):101-126.This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...) said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)
- Chesterton as a Journalist. Boyd,DermotQuinn,Antonio Spadaro Sj,Andrea Monda,Klaus Vella Bardon &John Micalef -2011 -The Chesterton Review 37 (3/4):726-728.
- Scarcity, abundance, and money at Muslim saint shrines in north India.Quinn Clark -2023 - In Tulasi Srinivas,Wonder in South Asia: histories, aesthetics, ethics. Albany: State University of New York Press.Export citation Bookmark
- Comments on Laudan's "Methodology: Its Prospects".Philip L.Quinn -1986 -PSA: Proceedings of the Biennial Meeting of the Philosophy of Science Association 1986:355 - 358.These comments address two of the main topics discussed by Laudan. First I take issue with the correctness-conditions and the acceptability-conditions he proposes for methodological rules. Then I criticize his suggestion about how to naturalize the axiology of scientific inquiry. I note that the realizability of a goal is a necessary but not a sufficient condition of its worthiness of pursuit, and I argue that this leaves room for conventional choice of scientific goals. In concluding, I respond to Laudan's attacks (...) on Feyerabend, Polanyi, Popper, Lakatos and Quine by saying a few words in their defense. (shrink)
- Further (Ms.) Understanding Legal Realism: Rescuing Judge Anna Moscowitz Kross.Mae C.Quinn -1997 -Jurisprudencija: Mokslo darbu žurnalas 180:81.Export citation Bookmark
| 1 — 50 / 963 |
Off-campus access
Using PhilPapers from home?
Create an account to enable off-campus access through your institution's proxy server or OpenAthens.
Monitor this page
Be alerted of all new items appearing on this page. Choose how you want to monitor it:
 Email |  RSS feed |
Editorial team
General Editors:
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Area Editors:
David Bourget
Gwen Bradford
Berit Brogaard
Margaret Cameron
David Chalmers
James Chase
Rafael De Clercq
Ezio Di Nucci
Esa Diaz-Leon
Barry Hallen
Hans Halvorson
Jonathan Ichikawa
Monte Johnson
Michelle Kosch
Øystein Linnebo
Paul Livingston
Brandon Look
Manolo Martínez
Matthew McGrath
Michiru Nagatsu
Susana Nuccetelli
Giuseppe Primiero
Jack Alan Reynolds
Darrell P. Rowbottom
Aleksandra Samonek
Constantine Sandis
Howard Sankey
Jonathan Schaffer
Thomas Senor
Daniel Star
Jussi Suikkanen
Aness Kim Webster
Other editors
Contact us
Learn more about PhilPapers
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Area Editors:
David Bourget
Gwen Bradford
Berit Brogaard
Margaret Cameron
David Chalmers
James Chase
Rafael De Clercq
Ezio Di Nucci
Esa Diaz-Leon
Barry Hallen
Hans Halvorson
Jonathan Ichikawa
Monte Johnson
Michelle Kosch
Øystein Linnebo
Paul Livingston
Brandon Look
Manolo Martínez
Matthew McGrath
Michiru Nagatsu
Susana Nuccetelli
Giuseppe Primiero
Jack Alan Reynolds
Darrell P. Rowbottom
Aleksandra Samonek
Constantine Sandis
Howard Sankey
Jonathan Schaffer
Thomas Senor
Daniel Star
Jussi Suikkanen
Aness Kim Webster
Other editors
Contact us
Learn more about PhilPapers
Home |New books and articles |Bibliographies |Philosophy journals |About PhilPapers |API |Contact us |Code of conduct
PhilPapers logo byAndrea Andrews andMeghan Driscoll.
This site uses cookies and Google Analytics (see ourterms & conditions for details regarding the privacy implications).Use of this site is subject toterms & conditions.
All rights reserved byThe PhilPapers Foundation
Server: philpapers-web-54b44b69b7-bbztg uwo