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'Objectively Speaking...' There is No Such Thing in the Law!

'Objectively Speaking...' There is No Such Thing in the Law! PDF Author: David T. Ritchie
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
In this article I explore the nature of certainty in legal decision making. Unlike the sciences, which maintain a sense of certainty that is related to objectivity, I maintain that legal decision-making is altogether different. Drawing on the work of the American pragmatist John Dewey, I suggest that legal decision-making is situated and perspectival, not objective.

'Objectively Speaking...' There is No Such Thing in the Law!

'Objectively Speaking...' There is No Such Thing in the Law! PDF Author: David T. Ritchie
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
In this article I explore the nature of certainty in legal decision making. Unlike the sciences, which maintain a sense of certainty that is related to objectivity, I maintain that legal decision-making is altogether different. Drawing on the work of the American pragmatist John Dewey, I suggest that legal decision-making is situated and perspectival, not objective.

The Moral Landscape

The Moral Landscape PDF Author: Sam Harris
Publisher: Simon and Schuster
ISBN: 143917122X
Category : Philosophy
Languages : en
Pages : 322

Book Description
Sam Harris dismantles the most common justification for religious faith--that a moral system cannot be based on science.

Objectively Speaking

Objectively Speaking PDF Author: Marlene Podritske
Publisher: Lexington Books
ISBN: 073913194X
Category : Biography & Autobiography
Languages : en
Pages : 282

Book Description
Readers and students of Ayn Rand will value seeing in this collection of interviews how Ayn Rand applied her philosophy and moral principles to the issues of the day. Objectively Speaking includes half a century of print and broadcast interviews drawn from the Ayn Rand Archives. The thirty-two interviews in this collection, edited by Marlene Podritske and Peter Schwartz, include print interviews from the 1930s and edited transcripts of radio and television interviews from the 1940s through 1981. Selections are included from a remarkable series of radio broadcasts over a four-year period (1962-1966) on Columbia University's station WKCR in New York City and syndicated throughout the United States and Canada. Ayn Rand's unusual and strikingly original insights on a vast range of topics are captured by prominent interviewers in the history of American television broadcasting, such as Johnny Carson, Edwin Newman, Mike Wallace, and Louis Rukeyser. The collection concludes with an interview of Dr. Leonard Peikoff on his radio program in 1999, recalling his 30-year personal and professional association with Ayn Rand and discussing her unique intellectual and literary achievements. Ayn Rand is the best-selling author of Atlas Shrugged, The Fountainhead, Anthem, and We the Living. Fifty years or more after publication, sales of these novels continue to increase.

There's No Such Thing As Free Speech

There's No Such Thing As Free Speech PDF Author: Stanley Fish
Publisher: Oxford University Press
ISBN: 0198024193
Category : Literary Criticism
Languages : en
Pages : 345

Book Description
In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

A Critical History of Greek Philosophy

A Critical History of Greek Philosophy PDF Author: Walter Terence Stace
Publisher:
ISBN:
Category : Philosophy, Ancient
Languages : en
Pages : 510

Book Description


Kant's Groundwork for the Metaphysics of Morals

Kant's Groundwork for the Metaphysics of Morals PDF Author: Henry E. Allison
Publisher: OUP Oxford
ISBN: 0191620599
Category : Philosophy
Languages : en
Pages : 392

Book Description
Henry E. Allison presents a comprehensive commentary on Kant's Groundwork for the Metaphysics of Morals (1785). It differs from most recent commentaries in paying special attention to the structure of the work, the historical context in which it was written, and the views to which Kant was responding. Allison argues that, despite its relative brevity, the Groundwork is the single most important work in modern moral philosophy and that its significance lies mainly in two closely related factors. The first is that it is here that Kant first articulates his revolutionary principle of the autonomy of the will, that is, the paradoxical thesis that moral requirements (duties) are self-imposed and that it is only in virtue of this that they can be unconditionally binding. The second is that for Kant all other moral theories are united by the assumption that the ground of moral requirements must be located in some object of the will (the good) rather than the will itself, which Kant terms heteronomy. Accordingly, what from the standpoint of previous moral theories was seen as a fundamental conflict between various views of the good is reconceived by Kant as a family quarrel between various forms of heteronomy, none of which are capable of accounting for the unconditionally binding nature of morality. Allison goes on to argue that Kant expresses this incapacity by claiming that the various forms of heteronomy unavoidably reduce the categorical to a merely hypothetical imperative.

The Net and the Nation State

The Net and the Nation State PDF Author: Uta Kohl
Publisher: Cambridge University Press
ISBN: 1108155960
Category : Law
Languages : en
Pages : 321

Book Description
This collection investigates the sharpening conflict between the nation state and the internet through a multidisciplinary lens. It challenges the idea of an inherently global internet by examining its increasing territorial fragmentation and, conversely, the notion that for states online law and order is business as usual. Cyberborders based on national law are not just erected around China's online community. Cultural, political and economic forces, as reflected in national or regional norms, have also incentivised virtual borders in the West. The nation state is asserting itself. Yet, there are also signs of the receding role of the state in favour of corporations wielding influence through de-facto control over content and technology. This volume contributes to the online governance debate by joining ideas from law, politics and human geography to explore internet jurisdiction and its overlap with topics such as freedom of expression, free trade, democracy, identity and cartographic maps.

The Law of Torts

The Law of Torts PDF Author: Sir John William Salmond
Publisher:
ISBN:
Category : Torts
Languages : en
Pages : 574

Book Description


How Now Shall We Live?

How Now Shall We Live? PDF Author: Charles Colson
Publisher: Tyndale House Publishers, Inc.
ISBN: 1414322429
Category : Religion
Languages : en
Pages : 660

Book Description
2000 Gold Medallion Award winner! Christianity is more than a personal relationship with Jesus Christ. It is also a worldview that not only answers life's basic questions—Where did we come from, and who are we? What has gone wrong with the world? What can we do to fix it?—but also shows us how we should live as a result of those answers. How Now Shall We Live? gives Christians the understanding, the confidence, and the tools to confront the world's bankrupt worldviews and to restore and redeem every aspect of contemporary culture: family, education, ethics, work, law, politics, science, art, music. This book will change every Christian who reads it. It will change the church in the new millennium.

Berkhof’s Systematic Theology Revised

Berkhof’s Systematic Theology Revised PDF Author: Louis Berkhof
Publisher: Lulu.com
ISBN: 1773563319
Category :
Languages : en
Pages : 590

Book Description
Considered one of the best books on Systematic Theology ever written, it covers all the basics on the reality of God, the atonement of Christ and the final state of man and the last things. Anyone that wishes to study theology would be wise to read this book as many in the Reformed tradition hold that this book is a landmark book in its field. Now in larger print!