Making the Law Explicit: The Normativity of Legal Argumentation
Author: Matthias Klatt File Type: pdf Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law?This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence.At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandoms normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandoms philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002.This book represents, on the one hand, a reception of Robert Brandoms important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The authors work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership. Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel.Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation. Aleksander Peczenik
Author: Paul Buhle
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A crown jewel of New Left historiography, this overview of U.S. Marxism was hailed on its first publication for its nuanced storytelling, balance and incredible sweep. Brimming over with archival finds and buoyed by the recollections of witnesses and participants in the radical movements of decades past, Marxism in the United States includes fascinating accounts of the immigrant socialism of the nineteenth century, the formation of the CPUSA in the wake of the Bolshevik Revolution, the rise of American communism and of the hugely influential Popular Front in the 1920s and 30s, the crisis and split of the 50s, and the revival of Marxism in the 60s and 70s. This revised and updated edition also takes into account the last quartercentury of life in the U.S., bringing the story of American Marxism up to the present. With todays resurgent interest in radicalism, this new edition provides an unparalleled guide to 150 years of American left history. **Review Cogent and provocative ... this single volume challenges the entire edifice of modern US cultural and political history.David Montgomery, Monthly Review Paul Buhle has writte as good a book, with stunning command of detail and hard-headed generosity, as anyone in his generation about the life of radicalism in America.Times Higher Education Supplement About the Author Paul Buhle,formerly a senior lecturer at Brown University, produces radical comics. He founded the SDS Journal Radical America and the archive Oral History of the American Left and, with Mari Jo Buhle, is coeditor of the Encyclopedia of the American Left. He lives in Madison.
Author: Roger Berkowitz
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Hannah Arendt is one of the most important political theorists of the twentieth century. In her works, she grappled with the dark events of that century, probing the nature of power, authority, and evil, and seeking to confront totalitarian horrors on their own terms. This book focuses on how, against the professionalized discourses of theory, Arendt insists on the greater political importance of the ordinary activity of thinking. Indeed, she argues that the activity of thinking is the only reliable protection against the horrors that buffeted the last century. Its essays explore and enact that activity, which Arendt calls the habit of erecting obstacles to oversimplifications, compromises, and conventions.Most of the essays were written for a conference at Bard College celebrating the 100th anniversary of Arendts birth. Arendt left her personal library and literary effects to Bard, and she is buried in the Bard College cemetery. Material from the Bard archive-such as a postcard to Arendt from Walter Benjamin or her annotation in her copy of Machiavellis The Prince-and images from her life are interspersed with the essays in this volume.The volume will offer provocations and insights to Arendt scholars, students discovering Arendts work, and general readers attracted to Arendts vision of the importance of thinking in our own dark times. **
Author: Xavier Bougarel
File Type: pdf
During the two World Wars that marked the 20th century, hundreds of thousands of non-European combatants fought in the ranks of various European armies. The majority of these soldiers were Muslims from North Africa, Sub-Saharan Africa, Central Asia, or the Indian Subcontinent.How are these combatants considered in existing historiography? Over the past few decades, research on war has experienced a wide-reaching renewal, with increased emphasis on the social and cultural dimensions of war, and a desire to reconstruct the experience and viewpoint of the combatants themselves. This volume reintroduces the question of religious belonging and practice into the study of Muslim combatants in European armies in the 20th century, focusing on the combatants viewpoint alongside that of the administrations and military hierarchy.
Author: Chris Frith
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Written by one of the worlds leading neuroscientists, Making Up the Mind is the first accessible account of experimental studies showing how the brain creates our mental world.ullUses evidence from brain imaging, psychological experiments and studies of patients to explore the relationship between the mind and the brain llDemonstrates that our knowledge of both the mental and physical comes to us through models created by our brain llShows how the brain makes communication of ideas from one mind to another possiblelulReviewThis book presents a clear description of the current neuroscientific view of the relationship between the brain and the mind. (Brain Science Podcast, May 2009) Neuroscience and psychology often struggle to answer the really interesting questions about the mind, but in this fascinating book, Chris Frith shows that science can finally start explaining how and why we experience the world as we do. Anyone interested in human nature - not just the nuts and bolts of neural circuits - will find his storytelling compelling. Frith delves into topics such as delusions, illusions, imagination and imitation, bringing clarity and insight to the simplest abservations and most complex experiments alike. (New Scientist)ullMaking up the Mind is an interesting book to everybody who wants to learn more about how the brain gives rise to our mental experiences...As Frith himself depicts in a sort of framing story, you will easily find yourself talking about these ideas at your next dinner party, as well as use it for serious considerations on the brain or as a toolbox for next terms essay. A stimulating new book by a distinguished scientist who knows what he is talking about. (Metapsychology Online Reviews)*lulFrith has produced an enthralling discussion on the subtle links between mind and brain, sometimes with humorous liaisons between himself, as narrator, and others who might be labelled as sceptics, unbelievers. (Psychologist)Stands apart from many that have been written lately For those who have time to read only one book this should be it. Essential. (Choice Reviews)ReviewOliver SacksMaking up the Mind is a fascinating guided tour through the elusive interface between mind and brain written by a pioneer in the field. The authors obvious passion for the subject shines through every page.V. S. RamachandranI soon made up my mind that this is an excellent, most readable and stimulating book. The author is a distinguished neuroscientist working especially on brain imaging.RL Gregory, Experimental PsychologyChris Frith, one of the pioneers in applying brain imaging to study mental processes, has written a brilliant introduction to the biology of mental processes for the general reader. This superb book describes how we recreate in our brains a representation of the external world. Clearly and beautifully written, this book is for all who want to learn about how the brain gives rise to the mental phenomenon of our lives. A must read!Eric R. Kandel, M.D.Important and surprising. The brain will never seem the same again.Lewis Wolpert, University College LondonFriths luminously intelligent book...raises interesting questions about how it is possible to make serious scientific progress, on the borders of metaphysics, while still thinking inside a framework that is an ontological and epistemological muddle.Raymond Tallis, Brain
Author: Harry Magdoff
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This volume contains a series of essays aimed at illuminating the theory, history, and roots of imperialism, which extend the analysis developed in Magdoffs The Age of Imperialism.About the AuthorHarry Magdoff has been a co-editor of Monthly Review since 1969 and is the author of The Age of Imperialism and Imperialism From the Colonial Age to the Present.
Author: Vilem Flusser
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In Does Writing Have a Future?, a remarkably perceptive work first published in German in 1987, Vilem Flusser asks what will happen to thought and communication as written communication gives way, inevitably, to digital expression. In his introduction, Flusser proposes that writing does not, in fact, have a future because everything that is now conveyed in writingand much that cannot becan be recorded and transmitted by other means.Confirming Flussers status as a theorist of new media in the same rank as Marshall McLuhan, Jean Baudrillard, Paul Virilio, and Friedrich Kittler, the balance of this book teases out the nuances of these developments. To find a common denominator among texts and practices that span millennia, Flusser looks back to the earliest forms of writing and forward to the digitization of texts now under way. For Flusser, writingdespite its limitations when compared to digital mediaunderpins historical consciousness, the concept of progress, and the nature of critical inquiry. While the text as a cultural form may ultimately become superfluous, he argues, the art of writing will not so much disappear but rather evolve into new kinds of thought and expression.**
Author: Zachary Simpson
File Type: pdf
Life as Art brings the resources of contemporary aesthetics since Nietzsche to bear on the problems of how one integrates the aesthetic emphases of meaning, liberation, and creativity into ones daily life. By linking together the aesthetic and ethical accounts of critical theorists, phenomenologists, and existentialists into a coherent view on the artful life, Life as Art shows the ways in which much of contemporary Continental theory has been concerned with alternative ways of constructing ones own life. Seen as a unified phenomenon, life as art signifies an active attempt to create a life which bears the resistance, openness, and creativity found in artworks. **
Author: Mulk Raj Anand
File Type: mobi
Bakha is a young man, proud and even attractive, yet none the less he is an outcast in Indias caste system an Untouchable. In deceptively simple prose this groundbreaking novel describes a day in the life of Bakha, sweeper and toilet-cleaner, as he searches for a meaning to the tragic existence he has been born into - and comes to an unexpected conclusion. Mulk Raj Anand poured a vitality, fire and richness of detail into his controversial work, which led him to be acclaimed as his countrys Charles Dickens and one of the twentieth centurys most important Indian writers.
Author: Geoffrey Parker
File Type: pdf
From ancient Persia to the Third Reich, imperial powers have built cities in their image, seeking to reflect their power and influence through a show of magnificence and a reflection of their values. Statues, pictures, temples, palacesall combine to produce the necessary justification for the wielding of power while intimidating opponents. InPower in Stone, Geoffrey Parker traces the very nature of power through history by exploring the structural symbolism of these cities. Traveling from Persepolis to Constantinople, Saint Petersburg to Beijing and Delhi, Parker considers how these structures and monuments were brought together to make the most powerful statement and how that power was wielded to the greatest advantage. He examines imperial leaders, their architects, and their engineers to create a new understanding of the relationship among buildings, design, and power. He concludes with a look at the changing nature of power in the late twentieth and twenty-first centuries and the way this is reflected symbolically in contemporary buildings and urban plans. With illuminating images,Power in Stoneis a fascinating history of some of the worlds most intriguing cities, past and present. **