Race, Religion, and Sartre's Being-For-Others a Major Qualifying Project Submitted to the Faculty of Worcester Polytechnic
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The Case of Proposition 227 and the Ban on Bilingual Education
Discrimination by Proxy: The Case of Proposition 227 and the Ban on Bilingual Education Kevin R Johnson' & George A. Martinez It's dump on Latino time again.' INTRODUCTION In 1998, the California voters, by a sixty-one to thirty-nine per- cent margin, passed Proposition 227,2 a ballot initiative innocu- ously known as "English for the Children."3 This measure in effect prohibits bilingual education programs for non-English speakers in the state's public school system. This Article contends that this pernicious initiative violates the Equal Protection Clause of the * Associate Dean of Academic Affairs and Professor of Law, University of California, Davis School of Law. A.B., University of California at Berkeley; J.D., Harvard University. Thanks to Dean Rex Perschbacher for financial and other support. The authors thank Marion Cobar, U.C. Davis 2000, and Rogelio Villagrana, 2002, for able research assistance that made this article possible. We also thank our editor, Sharon Fiedler, for her hard work. Christopher David Ruiz Cameron, Mary Romero, and Sylvia Lazos offered helpful, although often critical, comments. ** Professor of Law, Southern Methodist University; BA, Arizona State University; MA (Philosophy), University of Michigan; J.D., Harvard University. Thanks to Dean John Attanasio, Southern Methodist University, and the Smart Legal Education Endowment for providing a summer research grant to support my research on this project. ' Don Terry, Bilingual Education Facing Toughest Test N.Y. TIMES, Mar. 10, 1998, at Al (quoting Antonia Hernandez, Executive Director and General Counsel for the Mexican American Legal Defense and Educational Fund, commenting on Proposition 227). 2 See CAL. -
Beauvoir on Gender, Oppression, and Freedom
24.01: Classics of Western Philosophy Beauvoir on Gender, Oppression, and Freedom 1. Introduction: Simone de Beauvoir (1908-1986) Beauvoir was born in Paris and studied philosophy at the Sorbonne. She passed exams for Certificates in History of Philosophy, General Philosophy, Greek, and Logic in 1927, and in 1928, in Ethics, Sociology, and Psychology. She wrote a graduate diplôme (equivalent to an MA thesis) on Leibniz. Her peers included Maurice Merleau-Ponty, Claude Lévi-Strauss, and Jean-Paul Sartre. In 1929, she took second place in the highly competitive philosophy agrégation exam, barely losing to Jean-Paul Sartre who took first (it was his second attempt at the exam). At 21 years of age, Beauvoir was the youngest student ever to pass the exam. She taught in high school from 1929-1943, and then supported herself on her writings, and co-editorship of Le Temps Modernes. She is known for her literary writing, and her philosophical work in existentialism, ethics, and feminism. She published The Second Sex in 1949. 2. Gender ‘One is not born, but rather becomes, a woman. No biological, psychological or economic fate determines the future that the human female presents in society.’ (II.iv.1) A. What is a woman? “Tota mulier in utero: she is a womb,” some say. Yet speaking of certain women, the experts proclaim, “They are not women,” even though they have a uterus like the others. Everyone agrees there are females in the human species; today, as in the past, they make up about half of humanity; and yet we are told that “femininity is in jeopardy”; we are urged, “Be women, stay women, become women.” So not every female human being is necessarily a woman… (23) So there seems to be a sort of contradiction in our ordinary understanding of women: not every female is a woman, otherwise they would not be exhorted to be women. -
Jim Crow Ethics and the Defense of the Jena Six Anthony V
University of Miami Law School University of Miami School of Law Institutional Repository Articles Faculty and Deans 2009 Jim Crow Ethics and the Defense of the Jena Six Anthony V. Alfieri University of Miami School of Law, [email protected] Follow this and additional works at: https://repository.law.miami.edu/fac_articles Part of the Law and Race Commons, and the Law and Society Commons Recommended Citation Anthony V. Alfieri, Jim Crow Ethics and the Defense of the Jena Six, 94 Iowa L. Rev. 1651 (2009). This Article is brought to you for free and open access by the Faculty and Deans at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. Jim Crow Ethics and the Defense of the Jena Six Anthony V Alfieri* "Remember/The days of bondage" 1 ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish,Louisiana. The series, in turn, is part of a larger, ongoing project investigatingthe role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil- rights and criminal-justicestrategies in cases of racially-motivatedviolence. To that end, this Article revisits the prosecution and defense of theJena Six in the hope of uncovering the professional norms of practice under de jure and defacto conditions of racialsegregation, a set of norms I callJim Crow legal ethics. -
Transcendence, Facticity, and Modes of Non-Being
Massachusetts Institute of Technology Artificial Intelligence Laboratory Working paper 282 March 1986 Transcendence, Facticity, and Modes of Non-Being B. Randall Donaldt J. Francis Cannyt Abstract: Research in artificial intelligence has yet to satisfactorily address the primordial fissure between human consciousness and the material order. How is this split reconciled in terms of human reality? By what duality is Bad Faith possible? We show that the answer is quite subtle, and of particular relevance to certain classical A.I. problems in introspection and intensional belief structure. A principled approach to bad faith and the consciousness of the other is suggested. We present ideas for an implementation in the domain of chemical engineering. A.I. Laboratory working papers are produced for internal circulation, and may contain information that is, for example, too preliminary, too detailed, or too silly for formal publication. This paper handsomely satisfies all three criteria. While it is destined to become a landmark in its genre, readers are cautioned against making reference to this paper in the literature, as the authors would like to rejoin society with a clean slate. This paper could not have been produced without the assistance of many brilliant but unstable individuals who could not be reached for comment, and whose names have been suppressed pending determination of competence. tFormer member, National Rifle Association lFormer member, Australian Amateur Radio Association Transcendence, Facticity and Modes oNon-oein In Being and Nothingness Sartre proposes a primordial split, or fissure, between human (conscious) reality and the material order--that is, between the being-for-itself and the being-in-itself. -
DEVELOPING a HAUNTOLOGY of the BLACK BODY Kashif Jerome
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Carolina Digital Repository SPECTERS AND SPOOKS: DEVELOPING A HAUNTOLOGY OF THE BLACK BODY Kashif Jerome Powell, MA A dissertation submitted to the faculty of the University of North Carolina at Chapel Hill in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Department of Communication Studies. Chapel Hill 2014 Approved by: Renee Alexander-Craft Ashley Lucas Della Pollock Alvaro Reyes Eric King Watts © 2014 Kashif Jerome Powell ALL RIGHTS RESERVED ii ABSTRACT Kashif Jerome Powell: Specters and Spooks: Developing a Hauntology of The Black Body (Under the direction of Dr. Renee Alexander-Craft) This dissertation utilizes theories of embodiment and performance to develop a “hauntology of blackness,” which investigates imaginative sites of death constructed through the historical, social, and performative facets of institutional slavery in the United States to theorize notions of blackness and the black body. I argue that the relationship between the black body and death have conjured a death-driven specter that manifest historically, performatively, visually, and phenomenally as blackness. The rise and continual return of this “specter of blackness” positions the black body in the United States as a body “haunted” by its own biological and phenotypical disposition. Placing the theory of Jacques Derrida and Frantz Fanon in conversation with scholars such as Avery Gordon, Saidiya Hartman, Toni Morrison, and others, I evoke the language of haunting to consider the profound effect the relationship between the black body and death has had on ontological, psychoanalytic, and phenomenological understandings of blackness within post-modernity. -
Cristine Celich G. the Face of the Other As Human Facticity: from Husserlian Lebenswelt to Levinasian Alterity . Philos Int J 20
Philosophy International Journal ISSN: 2641-9130 MEDWIN PUBLISHERS Committed to Create Value for Researchers The Face of the Other as Human Facticity: From Husserlian Lebenswelt to Levinasian Alteritya Cristine Celich G* Post Degree Program of Philosophy of the Federal University of Santa Maria, Brazil Research Article Volume 4 Issue 2 *Corresponding author: Grasiela Cristine Celich, Philosophy PhD student at the post degree Received Date: April 13, 2021 program of Philosophy of the Federal University of Santa Maria. City: Santa Maria. State: Rio Published Date: May 10, 2021 Grande do Sul, Brazil, Email: [email protected] DOI: 10.23880/phij-16000176 Abstract This article aims to demonstrate the possibility of a connection between phenomenology, human facticity and ethics. The possibility of connection between the concepts becomes pertinent from the philosophy of Husserl and the philosophy of Levinas, for both are inserted in the phenomenological theme. Since Husserl’s discovery that science, when based on concepts, on reason, has separated itself from the concrete world and the experiences of the subjects, it has lost its ethical dimension. sphere is characterized by being richer and wider than the objective world of science. Facing this, Levinas, having Husserl as Therefore, Husserl, in formulating the phenomenological method, sought to recover the pre-scientific sphere of life. This his master, managed, based on some Husserlian concepts such as Lebenswelt and the “return to the same things”, to find in the figure of the Face of the Other an irreducible human facticity to all apprehension and understanding by the concept. Thus, concepts are presented regarding Lebenswelt, so that later, the Levinasian concepts which lead to the meeting of irreducible Levinas explains that ethics focuses on the Face of otherness. -
Lessons from Social Psychology and the Promise Enforcement Cases Victor C
Penn State Law eLibrary Journal Articles Faculty Works 1998 Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases Victor C. Romero Penn State Law Follow this and additional works at: http://elibrary.law.psu.edu/fac_works Part of the Civil Rights and Discrimination Commons, Human Rights Law Commons, and the Immigration Law Commons Recommended Citation Victor C. Romero, Expanding the Circle of Membership by Reconstructing the Alien: Lessons from Social Psychology and the Promise Enforcement Cases, 32 Mich. J.L. Reform 1 (1998). This Article is brought to you for free and open access by the Faculty Works at Penn State Law eLibrary. It has been accepted for inclusion in Journal Articles by an authorized administrator of Penn State Law eLibrary. For more information, please contact [email protected]. EXPANDING THE CIRCLE OF MEMBERSHIP BY RECONSTRUCTING THE "ALIEN" t: LESSONS FROM SOCIAL PSYCHOLOGY AND THE "PROMISE ENFORCEMENT" CASES Victor C. Romero* Recent legal scholarshipsuggests that the Supreme Court's decisions on immigrants' rightsfavor conceptions of membership over personhood. Federal courts are often re- luctant to recognize the personal rights claims of noncitizens because they are not members of the United States. ProfessorMichael Scaperlandaargues that because the courts have left the protection of noncitizens' rights in the hands of Congress and, therefore, its constituents, U.S. citizens must engage in a serious dialogue regarding membership in this polity while considering the importance of constitutionalprinci- ples of personhood. This Article takes up Scaperlanda'schallenge. Borrowing from recent research in social psychology, this Article contends that "We the People" can better inform our ideas of polity membership by resisting existing invidious stereo- types of the noncitizen as the "alien" and by embracing instead the notion of equal personhood. -
Hermeneutics of Heidegger's Facticity and Its Religious Aspects
Studia Philosophiae Christianae UKSW 50(2014)1 POVILAS AleksandravičIUS HERMENEUTICS OF HEIDEGGer’s FACTICITY AND ITS RELIGIOUS ASPECTS Abstract. The concept of facticity that was developed by Heidegger from 1919 to 1923 composes the basis of all his further thought: the conceptions of Dasein and ontological temporality will originate namely from this concept. The article analyzes various expressions of the factitious life (care, Er-eignis, life, Self- Destruction, meaningfulness, death), yet the special consideration is paid to its religious aspects. Really the essence of facticity is treated by Heidegger as a temporality that is essentially correlated with the Christian experience. The influence of Saint Augustine to Heidegger and the Heideggerian concept of methodical atheism are analyzed and this analysis raises the intricate problem of the relation of the Black Forest philosopher to Christian faith and to God. Keywords: Heidegger, hermeneutics, facticity, religious, care, Er-eignis, life, temporality 1. The emergence of the concept of facticity in Heidegger’s work. 2. The account of facticity. 3. Facticity as movement: care. 4. Er-eignis and the formation of the living world. 5. Facticity as life 6. Factical life as self-destruction. 7. Meaningfulness of factical life or the hermeneutic dimension of facticity. 8. Facticity as temporality. 9. Factical life and death. 10. Christian facticity. 11. St. Augustine’s influence on hermeneutics of facticity and the issue of God. 12. Methodological atheism and the mystery of life’s facticity. Povilas Aleksandravicius Mykolas Romeris University, [email protected] Institute of Philosophy and Humanities Ateities g. 20, LT-08303 Vilnius, Lithuania 174 Povilas aleksandravičius [2] On 9 January, 1919, a 30-year old Martin Heidegger wrote a letter to his friend, the canon Engelbert Krebs, informing him of his withdrawal from the Catholic Church and indicating the main reason for his choice: a scholastic system, where the Church aimed to squeeze Christian be- liefs, had become “problematic and unacceptable”1 to him. -
Facticity and Transcendence Across the Disciplines: Phenomenology and the Promise
Digital Collections @ Dordt Faculty Work Comprehensive List 12-2015 Facticity and Transcendence Across the Disciplines: Phenomenology and the Promise Neal DeRoo Dordt College, [email protected] Follow this and additional works at: https://digitalcollections.dordt.edu/faculty_work Part of the Christianity Commons, and the Philosophy Commons Recommended Citation DeRoo, N. (2015). Facticity and Transcendence Across the Disciplines: Phenomenology and the Promise. Schutzian Research, 7, 89-103. https://doi.org/10.5840/schutz201576 This Conference Proceeding is brought to you for free and open access by Digital Collections @ Dordt. It has been accepted for inclusion in Faculty Work Comprehensive List by an authorized administrator of Digital Collections @ Dordt. For more information, please contact [email protected]. Facticity and Transcendence Across the Disciplines: Phenomenology and the Promise Abstract This paper begins from one of the most commonly found questions in phenomenology, “What is Phenomenlogy?”, to argue that phenomenology is a trans-disciplinary approach to engaging with the products of human culture. This approach is characterized by paying particular attention to the distinction between facticity and transcendence within “lived experience” so as to help us better articulate and evaluate the promises that animate every human institution. Such a task necessarily requires inter- disciplinary input and helps us engage in our lives—in our shared cultural life—differently. Keywords facticity, transcendence, phenomenological method, the promissory discipline, inter-disciplinary Disciplines Christianity | Philosophy Comments This paper was first presented at the annual meeting of the Interdisciplinary Coalition of North American Phenomenologists (ICNAP) at Brock University in St. Catharines, ON, May 22-24, 2015. It was subsequently published in December 2015. -
Human Values in a Postmodern World
Human Values in a Postmodern World Steven L. Winter* More than forty years ago, Maurice Merleau-Ponty identified a philosophical fault line that continues to rumble through diverse contem- porary debates. "Today," he proclaimed, "a humanism does not oppose religion with an explanation of the world. It begins by becoming aware of contingency. ' In the current period of deconstruction and other postmodernisms, Merleau-Ponty's rejection and reconception of the Enlightenment idea of humanism has greater resonance than ever.2 For many, it has become a postmodern truism that "the human condition" cannot be represented, described, or explained as just so many facts about the world. According to the now standard (if somewhat overstated) axiom of postmodernism, everything about humanity is socially contingent. Reactions vary dramatically. For some, the recognition of contingency appears to open up conceptual space for transformative politics and radical social change. For others, however, the specter of contingency is radically destabilizing. Because they equate social contingency with the loss of foundations, they believe that social contingency leads inevitably from moral relativism to nihilism. For them, the logic of this trajectory is ineluctable. If everything is socially contingent, no social or moral system can claim greater validity than any other. And if all such systems are equally valid, then we are left with no reliable values, no moral standards, and no criteria of choice. The absence of sure foundations, they are convinced, means that we are left with an alarming and intolerable nihilism.3 * © Steven L. Winter, 1994. All rights reserved. 1. MAURICE MERLEAU-PONTY, SIGNS 241 (Richard C. -
The Myth of the Black Male Beast in Postclassical American Cinema: ‘Forging’ Stereoytpes and Discovering Black Masculinities
THE MYTH OF THE BLACK MALE BEAST IN POSTCLASSICAL AMERICAN CINEMA: ‘FORGING’ STEREOYTPES AND DISCOVERING BLACK MASCULINITIES BY MARTIN LUTHER PATRICK A thesis submitted to The University of Birmingham For the degree of M.Phil Department of American and Canadian Studies The University of Birmingham September 2009 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. Full name (surname first): Patrick, Martin Luther School/Department: Historical Studies/American and Canadian Studies Full title of thesis/dissertation: The myth of the Black male beast in postclassical American Cinema: ‘Forging’ stereotypes and discovering Black masculinities Degree: M.Phil. Date of submission: September 2009 Date of award of degree : December 2009 Abstract : The thesis examines how postclassical American film invent s Black male characters. It uses Levi-St rauss and B arthes’ methods of analyzing myth and critiques heg emonic authorship throug h Jung ’s work on archetypes in the collective unconscious and the ‘shadow’. Using Othello as a prototype character, I examine how he became an archetype that manifests two perceptions of B lack characters in the collective unconscious. -
A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops
Michigan Journal of Race and Law Volume 6 2001 Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops Mia Carpiniello Georgetown University Law Center Follow this and additional works at: https://repository.law.umich.edu/mjrl Part of the Civil Rights and Discrimination Commons, Fourth Amendment Commons, Law and Race Commons, and the Law Enforcement and Corrections Commons Recommended Citation Mia Carpiniello, Striking a Sincere Balance: A Reasonable Black Person Standard for "Location Plus Evasion" Terry Stops, 6 MICH. J. RACE & L. 355 (2001). Available at: https://repository.law.umich.edu/mjrl/vol6/iss2/7 This Note is brought to you for free and open access by the Journals at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of Race and Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. STRIKING A SINCERE BALANCE: A REASONABLE BLACK PERSON STANDARD FOR "LOCATION PLUS EVASION" TERRY STOPS Mia Carpiniello* I. THE REASONABLE BLACK PERSON STANDARD ................................356 A. The Need for a Reasonable Black Person Standard........................ 358 1. The Suspect's "Raced" Decision to Flee .........................359 2. A Police Officer's "Raced" Decision to Stop a Suspect ....363 3. The Court's "Raced" Approach to Reasonable and A rticulable Suspicion ................................................368 II. ANALOGOUS ALTERNATIVE REASONABLE PERSON STANDARDS ........374 A. The Reasonable Woman Standard in Sexual Harassment Law .......374 B. The Battered Woman Standardfor Self-Defense Claims ................376 C. A Reasonable Black Person Standardfor Seizures .........................377 D.