Media and Society

Total Page:16

File Type:pdf, Size:1020Kb

Media and Society MEDIA AND SOCIETY MEDIA AND SOCIETY The Media and Society program includes, in addition to the study of mass Program Faculty media entertainment, advertising, and Linda Robertson, Media and Society, news and information, the critical and Director historical analysis of literature and the arts. Donna Albro, Peer Education The aim of the combined elements in Lester Friedman, Media and Society the critical study of both mass media and Catherine Gallouët, French and the arts is to include an analysis of the Francophone role of the artist in not only reflecting the Grant Holly, English dominant mythologies of the culture, but Marilyn Jiménez, Africana Studies in reshaping them, of holding them up to Liz Lyon, English scrutiny, of compelling a revision of the Nicola Minnott-Ahl, English human potential. For the same reason, students are expected to engage in self- HWS is among the first liberal arts expression by exploring their creative colleges in the country to offer a major in capacities in at least one of the visual and media studies. From its inception in 1996, plastic arts, writing, dance, or music. the Media and Society Program has had The requirement for “hands on” two main goals: experience is met through courses in 1. To engage students in the critical documentary filmmaking, scriptwriting, analysis of the influence of the mass digital editing, photography, digital design, media on society, from both the socio- and journalism, as well as through the political and cultural/artistic perspectives. requirement that each student complete an 2. To stimulate students to use their internship or practicum related to his or her creative imaginations through self- area of academic interest. expression in writing, videography and editing, the visual and plastic arts, dance REQUIREMENTS FOR THE MAJOR (B.A.) and dance composition, and music and interdisciplinary, 12 courses, plus language music composition. competency. “Media studies” refers to the examina- The Media and Society Program offers an tion of the modern ability to disseminate interdisciplinary major and minor. Media the same message (visual, aural, and/or and Society majors explore four core areas textual) to a mass audience, using before deciding on a concentration. All technologies of reproduction and/ or majors are required to take at least one transmission. course in the creative arts, and to Media studies is an interdisciplinary complete either an internship or a field, drawing upon cultural studies, practicum related to the study of the role psychology, art and literary theory, of the media in society. Majors are sociology, information and propaganda required to complete cognate courses in theory, and economics, especially, American history or social consciousness political economy. The central concern and social theory. The major culminates is the critical analysis of the influence of with a Senior Seminar. the media on society and the individual. To remain in good standing as a major, an While the entertainment and advertis- average of at least 2.0 must be maintained for ing industries are an important subject in all courses that count toward the major. The media studies, equally important is the Senior Seminar must be passed with a C to role of mass media news and information count toward completing the major. outlets as integral to the political process. The internship is graded pass/no pass; 226 MEDIA AND SOCIETY the practicum can be taken for a grade or listed below as approved for the major, as pass/no pass. either under the headings Core Compe- The complete list of requirements for tencies or Concentrations. Minors are not the major are: MDSC 100; one course in required to develop a concentration in a each of four core competencies; four specific area of Media and Society. Minors courses to comprise a concentration may not use any of the courses listed as approved by a program adviser, one of Cognates for the minor. which will be a course which also satisfies a core requirement; competency in research APPROVED COURSES methods (does not require additional The Media and Society Program draws course work; this goal is met through upon courses offered in a number of course work taken for the major as different departments. Some of the courses approved by the adviser); a credit-bearing listed below may be withdrawn by internship or practicum in the area of contributing departments for various communications, artistic production, or reasons and new courses offered in journalism; a Media and Society senior departments may be accepted for the seminar. Media and Society major. Students should In addition to these courses, majors are consult with their advisers for current listings required to take two cognate courses. A of approved courses. cognate course is one that supports the study in the major, but is not a course in the CORE COMPETENCIES mass media or the arts. One cognate course Majors are required to take one course in must be in American history covering a each of four core areas. Minors are period since the Civil War or an approved required to take three courses chosen from course on the subject of the formation of different core areas. The same course may social consciousness (listed below). The be listed under more than one compe- second cognate course must be an approved tency; but one course cannot be used to social theory course (listed below). satisfy more than one of the core compe- Media and Society majors are also tencies numbered 1-4 below. required to demonstrate competence in a foreign language to the 102 level. Core Competency 1. Techniques of Students who have studied a foreign Performance and Creativity language in secondary school may have (majors choose one): Art: Any studio art course met this requirement; students for whom English: Any creative writing course English is a second language may have ENG 308 Screenwriting met this requirement; students with a ENG 178 Acting I certified statement from a counselor or Music: Private Instruction and Ensembles (1/2 credit physician that a learning disability per semester; two semesters required) prevents them from learning a foreign MUS 210 American Musical Theater language may petition for a waiver. MUS 400 Orchestration Dance: Any combination of dance classes for a total Students should consult with their adviser of 2.5 credits or one of the following: about this requirement. DAN 200 Dance Composition I DAN 300 Dance Composition II REQUIREMENTS FOR THE MINOR interdisciplinary, 6 courses Core Competency 2. Use of Imaging MDSC 100; one course each from three Technologies (majors choose one): different core competencies numbered 1- MDSC 300 Making the News 4; any two additional approved courses MDSC 305 Film Editing 227 MEDIA AND SOCIETY Core Competency 3. Critical Analysis or Media ART 240 European Art and Architecture Theory ART 249 Islamic Art and Architecture (majors choose one): ART 252 Japanese Art and Culture ALST 200 Ghettoscapes ART 256 Art of the Russian Revolution ALST 226 Screen Latinos DAN 210 Dance History I ALST 309 Black Cinema DAN 212 Dance History II ALST 310 Black Images/White Myths DAN 214 Dance History III ART 212 Women Make Movies ENG 287 Film Histories I ASN 342 Chinese Cinema ENG 288 Film Histories I ENG 176 Film Analysis I ENG 289 Film Histories III ENG 201 Jane Austen in Film ENG 370 Hollywood on Hollywood ENG 229 Television Histories, Television ENG 229 Television History, Television Narratives Narratives ENG 264 Globalism and Literature ENG 230 Film Analysis II EUST 101 Foundations of European Studies I ENG 233 Art of the Screenplay EUST 102 Foundations of European Studies II ENG 368 Film and Ideology MDSC 205 America in the Seventies ENG 375 Science Fiction MDSC 307 Medicine and Society ENG 376 New Waves MDSC 224 Age of Propaganda I FRE 241 Que sais-je? MDSC 225 Age of Propaganda I FRNE 252 Beyond Colonialism: Maghreb MDSC 303 Social Documentary Cultures and Literatures MUS 135 Music in the Americas: 1750 - 2000 FRNE 395 Society and culture in the Ancien MUS 202 History of Western Art and Music: Régime: Representation of Race Medieval and Renaissance MDSC 204 Imagining the West MUS 203 History of Western Art and Music: MDSC 205 America in the Seventies Baroque and Classical MDSC 307 Medicine and Society MUS 204 History of Western Art and Music: MDSC 310 Covenant with Death Romantic and Modern MDSC 224 Age of Propaganda I MUS 207 Music in American Culture: Jazz MDSC 225 Age of Propaganda II and Popular MDSC 303 Social Documentary MUS 210 American Musical Theater PHIL 220 Semiotics MUS 216 Music of Asia PHIL 230 Aesthetics MUS 217 Folk and Traditional Music of Africa PHIL 260 Mind and Language and the Americas POL 320 Mass Media POL 363 Cyber Politics/Cyber Culture Core Competency 5: Three Research Goals WRRH 250 Talk and Text: Introduction to (integrated into other course work for the major. The Discourse Analysis courses which meet these goals are approved by the adviser) Core Competency 4: Cultural History of the Research goal 1: Use of library, Fine Arts or Mass Media archival, and Internet sources (majors choose one): Research goal 2: Media content ALST 310 Black Images/White Myths ALST 200 Ghettoscapes analysis (qualitative or quantitative) ART 101 Ancient to Medieval Research goal 3: Fieldwork (inter- ART 102 Renaissance to Modern views, reporting, documenting). ART 103 East Asian Art Survey ART 110 Visual Culture CONCENTRATIONS ART 201 African-American Art A concentration for the major consists of ART 208 Greek Art and Architecture 5 courses from any one of the clusters ART 210 Woman as Image and Image-Maker ART 211 Feminism in the Arts below. At least two must be in two ART 221 Early Italian Renaissance Art different disciplines.
Recommended publications
  • The Principle of Solidarity : a Restatement of John Rawls' Law Of
    DISSERTATION: THE PRINCIPLE OF SOLIDARITY: A RESTATEMENT OF JOHN RAWLS´ LAW OF PEOPLES ZUR ERLANGUNG DES AKADEMISCHEN GRADES DOCTOR PHILOSOPHIAE (DR. PHIL) VON MILICA TRIFUNOVIĆ EINGEREICHT IM DEZEMBER 2011. AN DER PHILOSOPHISCHEN FAKULTÄT I DER HUMBOLDT-UNIVERSITÄT ZU BERLIN PRÄSIDENT DER HUMBOLDT-UNIVERSITÄT ZU BERLIN: PROF. DR. JAN-HENDRIK OLBERTZ DEKAN: PROF. MICHAEL SEADLE GUTACHTER: 1. PROF. DR. VOLKER GERHARDT 2. PROF. DR. WULF KELLERWESSEL TAG DER MÜNDLICHEN PRÜFUNG: 20. JUNI 2012. 1 CONTENT CHAPTER ONE.............................................................................................................................................5 Instead of Introduction: Global Justice Debate- Conceptions and Misconceptions........................................5 1. Global Justice Debate – Conceptions and Misconceptions............................................................5 1.1. CONCEPTUAL ANALYSES....................................................................................................6 1.1.1. Aristotelian Paradigm................................................................................................7 1.1.2. Rawlsian Paradigm ...................................................................................................9 1.1.3. Aristotelian and Rawlsian Paradigm in A Global Context .......................................13 1.2. METHODOLOGICAL ANALYSIS ...........................................................................................21 1.2.1. Political Constructivism in a Global Context............................................................22
    [Show full text]
  • Re-Defining an Open Future
    Re-defining an Open Future The Child’s Right to an Open Future revisited from a Virtue-Ethics perspective Jenny Murdoch Submitted to the University of Hertfordshire in partial fulfilment of the requirements of the degree of MA by Research, March 2014. There is much philosophical ambiguity about the concept of autonomy and, relatedly, about what it might mean to provide children with an open (or autonomous) future. This ambiguity leads to controversy about whether an agent’s right of self- determination can be violated during childhood. By supplementing the deontological argument for the child’s right to an open future with ideas from Virtue Ethics, I hope to illustrate the importance of autonomy, not just for well-being but also, for genuine ethical understanding. Consequently, I hope to provide a more comprehensive and satisfying account of the kind of autonomous ethical understanding that we ought to nurture in children. The kind of ethical understanding that I have in mind must include a conception of ethical life that is reflective, personally motivated, and which is able to include everything that might matter to human beings. Jenny Murdoch 2 Table of Contents Introduction ............................................................................................................................... 4 I. The Deontological Argument for the Child’s Right to an Open Future ................................. 6 Rights-in-Trust & The Child’s Right to an Open Future ......................................................... 6 The Paradoxes
    [Show full text]
  • Human Dignity in Contemporary Law and in the Transnational Discourse Luís Roberto Barroso
    Boston College International and Comparative Law Review Volume 35 | Issue 2 Article 2 5-1-2012 Here, There, and Everywhere: Human Dignity in Contemporary Law and in the Transnational Discourse Luís Roberto Barroso Follow this and additional works at: http://lawdigitalcommons.bc.edu/iclr Part of the Comparative and Foreign Law Commons, and the Human Rights Law Commons Recommended Citation Luís R. Barroso, Here, There, and Everywhere: Human Dignity in Contemporary Law and in the Transnational Discourse, 35 B.C. Int'l & Comp. L. Rev. 331 (2012), http://lawdigitalcommons.bc.edu/iclr/vol35/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College International and Comparative Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. HERE, THERE, AND EVERYWHERE: HUMAN DIGNITY IN CONTEMPORARY LAW AND IN THE TRANSNATIONAL DISCOURSE Luís Roberto Barroso* Abstract: Over the past several decades, human dignity has become an omnipresent idea in contemporary law. This Article surveys the use of human dignity by domestic and international courts and describes the concept’s growing role in the transnational discourse, with special atten- tion paid to the case law of the U.S. Supreme Court. The Article examines the legal nature of human dignity, finding it to be a constitutional princi- ple rather than a freestanding fundamental right, and develops a unifying and universal identity for the concept. At its core, human dignity contains three elements—intrinsic value, autonomy, and community value—and each element has unique legal implications.
    [Show full text]
  • APA Newsletters
    APA Newsletters Volume 06, Number 1 Fall 2006 NEWSLETTER ON PHILOSOPHY AND LAW FROM THE EDITORS, JOHN ARTHUR & STEVEN SCALET ARTICLES ROBERT F. SCHOPP “Expressing Condemnation that Fits the Crime” TERRY L. PRICE “Feinberg’s Offense Principle and the Danish Cartoons of Muhammad” CHRISTOPHER KNAPP “Harm and Homicide” CHRISTOPHER GRIFFIN “Jury Nullification, Democracy, and the Expressive Function” PATRICK BOLEYN-FITZGERALD “Liberalism, Euthanasia, and the Right to be Eaten” © 2006 by The American Philosophical Association ISSN: 1067-9464 APA NEWSLETTER ON Philosophy and Law John Arthur & Steven Scalet, Co-Editors Fall 2006 Volume 06, Number 1 FROM THE EDITORS ARTICLES Edition in Tribute to Joel Feinberg Expressing Condemnation that Fits the Crime This edition honors the legacy of Joel Feinberg and continues Robert F. Schopp the normative and conceptual analysis that animated his life’s University of Nebraska–Lincoln College of Law work. Joel died in 2004 from complications arising from his long I. Introduction struggle with Parkinson’s disease. As attested through the many obituaries and remembrances written in his honor, his writing In one of his widely recognized works, Joel Feinberg provides is widely regarded among the finest work that contemporary a conceptual analysis of punishment that emphasizes the social and legal philosophy has ever produced. expression of condemnation as a central element that distinguishes punishment from other penalties and serves Always a gentleman, beloved by students and faculty, several important social functions of punishment.1 In this Joel had the remarkable philosophical virtue of a kindly analysis, Feinberg explicitly rejects the familiar notion that manner combined with a dry wit.
    [Show full text]
  • Philosophy of Law Soazig Le Bihan University of Montana - Missoula, [email protected]
    University of Montana ScholarWorks at University of Montana Syllabi Course Syllabi Spring 2-1-2018 PHL 492.01: Philosophy of Law Soazig Le Bihan University of Montana - Missoula, [email protected] Let us know how access to this document benefits ouy . Follow this and additional works at: https://scholarworks.umt.edu/syllabi Recommended Citation Le Bihan, Soazig, "PHL 492.01: Philosophy of Law" (2018). Syllabi. 7858. https://scholarworks.umt.edu/syllabi/7858 This Syllabus is brought to you for free and open access by the Course Syllabi at ScholarWorks at University of Montana. It has been accepted for inclusion in Syllabi by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. LAW 664, PHILOSOPHY OF LAW (SPRING 2018) Tue. & Thu., LAW 215; Prof. Johnstone (Rm. 312) & Prof. Lebihan (with Prof. Huff) In the practice of law, according to Karl Llewellyn, “Ideals without technique are a mess. But technique without ideals is a menace.” This course aims to provide a vocabulary of ideals to help answer a question that arises throughout the practice of legal technique: What is Law? The course begins with a short history of the rule of law as an ideal in the United States. It turns to the development of various theories of law, framed as a continuing debate among competing conceptions of law. It then integrates the application of legal theory to legal practice in several areas of student interest. In addition to seminar discussion, students produce short commentaries on current issues and a research paper or other project.
    [Show full text]
  • Harm to Self. by Joel Feinberg. John Stick
    University of Minnesota Law School Scholarship Repository Constitutional Commentary 1988 Book Review: Harm to Self. by Joel Feinberg. John Stick Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Stick, John, "Book Review: Harm to Self. by Joel Feinberg." (1988). Constitutional Commentary. 507. https://scholarship.law.umn.edu/concomm/507 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. 1988] BOOK REVIEW 521 HARM TO SELF. By Joel Feinberg.! New York, N.Y.: Ox­ ford University Press. 1986. Pp. xxiii, 420. $29.95. John Stick2 For all the fanfares and fears that have heralded the rise of interdisciplinary studies in legal academia, constitutional lawyers and political philosophers still tend to do their everyday work in isolation from each other. The use of political philosophy in consti­ tutionallaw is identified with the construction of grand theory: one looks to philosophy for the sweeping generalization that will put all the chaotic holdings together as pieces of a smooth arch, or for the indisputable foundation for a stinging criticism of the Supreme Court's latest failure to protect a fundamental right. Philosophy is at least as useful to lawyers, however, for the more mundane task of generating examples and subtle distinctions that are helpful in the manipulation of doctrine. Professor Joel Feinberg's Harm to Self, the third of four volumes in his series The Moral Limits ofthe Crim­ inal Law, is not grand theory, but will nevertheless repay careful examination by any constitutional lawyer interested in paternalism and its corollary issues: consent, voluntariness, coercion, duress, unconscionability, and assumption of risk.
    [Show full text]
  • Some Naive Thoughts About Justice and Mercy
    Some Naive Thoughts About Justice and Mercy David Dolinko* A longstandingphilosophicalpuzzlesurrounds the relationshipbetween justice and mercy. For example, a judge sentencing a convicted defendant is under an obligation to impose a just sentence. At the same time, it is thought proper-indeed, meritorious-forthe judge, in an appropriatecase, to show mercy, taking account of specialfactorspresent in the case to conclude that she should impose a sentence more lenient than what "strictjustice" would callfor. But doesn't this mean that her merciful sentence must be unjust? The presentpaper, after reviewing the problem, suggests what might be a solution-at least for the use of "mercy" in judicial contexts-and examines some of the difficulties itfaces. The puzzling relationship between justice and mercy has bedeviled philosophers since Aristotle.' Mercy is ordinarily conceived as a virtue, as a free gift rather than something to which one has a right or entitlement, and as something distinct from justice (to which, of course, one does have a right). In appropriate cases mercy "tempers" justice, producing a different outcome than justice alone would call for. Yet isn't a deliberate departure from the requirements ofjustice an injustice? Jeffrie Murphy summarizes the puzzle well: [I]f we simply use the term "mercy" to refer to certain of the demands of justice (e.g., the demand for individuation), then mercy ceases to be an autonomous virtue and instead becomes a part of. justice. It thus becomes obligatory, and all the talk about gifts, acts of grace, supererogation, and compassion becomes quite beside the point. If, on the other hand, mercy is totally different from justice and actually requires (or permits) that justice sometimes be set aside, it then counsels injustice.
    [Show full text]
  • Essays in Legal and Political Theory by Joel Feinberg (Book Review) Kevin P
    Campbell University School of Law Scholarly Repository @ Campbell University School of Law Other Publications Faculty Scholarship 2005 Problems at the Roots of Law: Essays in Legal and Political Theory by Joel Feinberg (book review) Kevin P. Lee Campbell University School of Law, [email protected] Follow this and additional works at: http://scholarship.law.campbell.edu/fac_pubs Recommended Citation Kevin Lee, Problems at the Roots of Law: Essays in Legal and Political Theory, The Review of Metaphysics, June 2005, at 885 (book review). This Book Review is brought to you for free and open access by the Faculty Scholarship at Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Other Publications by an authorized administrator of Scholarly Repository @ Campbell University School of Law. SUMMARIESAND COMMENTS 889 however, demand a repudiation of the justificationist's general princi ples. "He will still hold that a statement about the past can be true only in virtue of an actual or possible direct observation of it. But he will take a more realist attitude to whether such a direct verification was or could have been carried out" (p. 70). "The Metaphysics of Time" offers a stimulating discussion of the four possible metaphysical positions regarding the present, past, and future: (1) only the present is real; (2) the future is real, but the past is not; (3) the past is part of reality, the future is not; (4) the past and future are both real. Dummett offers trenchant objections to the arguments of the first three positions and then defends the reality of past and future as "regions of reality determined, at any given moment by our temporal perspective, as it is at that moment" (p.
    [Show full text]
  • Injury and Exasperation: an Examination of Harm to Others and Offense to Others
    Michigan Law Review Volume 84 Issue 4 Issues 4&5 1986 Injury and Exasperation: An Examination of Harm to Others and Offense to Others Andrew von Hirsch Rutgers University Follow this and additional works at: https://repository.law.umich.edu/mlr Part of the Criminal Law Commons Recommended Citation Andrew von Hirsch, Injury and Exasperation: An Examination of Harm to Others and Offense to Others, 84 MICH. L. REV. 700 (1986). Available at: https://repository.law.umich.edu/mlr/vol84/iss4/14 This Review is brought to you for free and open access by the Michigan Law Review at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Law Review by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. INJURY AND EXASPERATION: AN EXAMINATION OF HARM TO OTHERS AND OFFENSE TO OTHERS Andrew von Hirsch* HARM TO OTHERS. By Joel Feinberg. New York: Oxford University Press. 1984. Pp. xiii, 269. $29.95. OFFENSE TO OTHERS. By Joel Feinberg. New York: Oxford Univer­ sity Press. 1985. Pp. xix, 328. $29.95. Notions most often spoken of can receive the least careful scrutiny. So it has been with harm and offense. Since John Stuart Mill, a vast literature has accumulated on whether harm to others should be the sole basis for state compulsion or whether offense to others or self­ harm can also be legitimate grounds. But what, exactly, is meant by "harm" and "offense"? Those critical questions of definition remained unaddressed. , · Now comes the first sustained effort to investigate harm, offense, and allied notions, by one of this country's leading philosophers of law, Joel Feinberg.
    [Show full text]
  • New York University Law Review
    \\server05\productn\N\NYU\83-4\NYU401.txt unknown Seq: 1 25-SEP-08 12:16 NEW YORK UNIVERSITY LAW REVIEW VOLUME 83 OCTOBER 2008 NUMBER 4 FOREWORD FIFTY YEARS LATER In April 1957, the English legal philosopher H.L.A. Hart, Professor of Jurisprudence at Oxford, delivered the annual Oliver Wendell Holmes Lecture at Harvard Law School. Hart’s topic was “Positivism and the Separation of Law and Morals,” and he intended his lecture, offered at a “law school deeply influenced by the [legal] realism of Holmes and the sociological jurisprudence of Roscoe Pound,” to be provocative as well as informative.1 The focus of Hart’s lecture was a core tenet of traditional legal positivism—that there is no necessary connection between law and morality. This was a pro- position that would later be defended in detail in Hart’s masterwork, The Concept of Law, published in 1961. Hart’s lecture sought to explain, clarify, and elaborate the positivist account of the relation between law and morality, while at the same time defending legal pos- itivism against the accusation that it was complicitly silent on the evil of oppressive legal regimes. That attack was still felt very keenly in 1957, a time when the entire world recalled vividly the atrocities committed only a decade earlier by Nazi Germany and a time when, as Hart put it in the Holmes Lecture, “the stink of such societies [was] still in our nos- trils.”2 German jurists like Gustav Radbruch blamed the philosophy of legal positivism both for weakening the resistance of German jurists and lawyers to Nazism and for undercutting any basis on which 1 Nicola Lacey, Philosophy, Political Morality, and History: Explaining the Enduring Resonance of the Hart-Fuller Debate, 83 N.Y.U.
    [Show full text]
  • Introduction Kyron Huigens Benjamin N
    Yeshiva University, Cardozo School of Law LARC @ Cardozo Law Articles Faculty 2007 Introduction Kyron Huigens Benjamin N. Cardozo School of Law, [email protected] Follow this and additional works at: https://larc.cardozo.yu.edu/faculty-articles Part of the Law Commons Recommended Citation Kyron Huigens, Introduction, 28 Cardozo Law Review 2401 (2007). Available at: https://larc.cardozo.yu.edu/faculty-articles/79 This Article is brought to you for free and open access by the Faculty at LARC @ Cardozo Law. It has been accepted for inclusion in Articles by an authorized administrator of LARC @ Cardozo Law. For more information, please contact [email protected], [email protected]. INTRODUCTION Kyron Huigens * Before George Fletcher published Rethinking Criminal Law ,1 in 1978, Anglo-American punishment theory was parochial. H.L.A. Hart’s essays in Punishment and Responsibility ,2 brilliant as they were, had a pure pedigree of English liberalism, Utilitarianism, and the analytic philosophy of Hart’s contemporaries at Oxford. American experts had hardly raised their heads above the trenches of criminal law doctrine. The Model Penal Code had been the preoccupation of Herbert Wechsler, Jerome Hall, and others—and the Code, notwithstanding its several important innovations, is not notable for its theoretical sophistication. Fletcher changed all that. Rethinking is above all a work of comparative legal theory. In the analysis of the doctrines of criminal law’s special part, Fletcher brought German and Russian criminal law to bear. More important, he mined the extraordinarily rich theoretical tradition of German criminal law. Whereas Anglo-American theory tended to view criminal law in binary terms—actus reus and mens rea; ordinary and affirmative defenses—German theorists saw three dimensions: definition, wrongdoing, and excuse.
    [Show full text]
  • A Critique of Joel Feinberg's Soft Paternalism
    Georgia State University ScholarWorks @ Georgia State University Philosophy Theses Department of Philosophy 5-3-2007 Father Knows Best: A Critique of Joel Feinberg's Soft Paternalism James Cullen Sacha Follow this and additional works at: https://scholarworks.gsu.edu/philosophy_theses Part of the Philosophy Commons Recommended Citation Sacha, James Cullen, "Father Knows Best: A Critique of Joel Feinberg's Soft Paternalism." Thesis, Georgia State University, 2007. https://scholarworks.gsu.edu/philosophy_theses/17 This Thesis is brought to you for free and open access by the Department of Philosophy at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Philosophy Theses by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. FATHER KNOWS BEST: A CRITIQUE OF JOEL FEINBERG’S SOFT PATERNALISM by JAMES CULLEN SACHA Under the Direction of Andrew Altman ABSTRACT This thesis focuses on the issue of whether or not the government is ever justified in prohibiting the actions of an individual who is harming herself but not others. I first analyze some of the key historical figures in the paternalism debate and argue that these accounts fail to adequately meet the needs of a modern, pluralistic society. Then, I analyze and critique the nuanced, soft-paternalist strategy put forth by Joel Feinberg. Finally, I defend a version of hard paternalism, arguing that a balancing strategy that examines each action on a case-by-case basis shows all citizens
    [Show full text]