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Article Constitutional Bad Faith
VOLUME 129 FEBRUARY 2016 NUMBER 4 © 2016 by The Harvard Law Review Association ARTICLE CONSTITUTIONAL BAD FAITH David E. Pozen CONTENTS INTRODUCTION ............................................................................................................................ 886 I. BAD FAITH BASICS ............................................................................................................... 890 II. JUDICIAL TOLERATION OF CONSTITUTIONAL BAD FAITH ..................................... 896 A. Doctrinal Responses ......................................................................................................... 897 1. Explicit Enforcement Zones ....................................................................................... 898 2. Implicit Enforcement Zones ....................................................................................... 902 3. Nonenforcement Zones ................................................................................................ 905 B. Explanations ...................................................................................................................... 909 III. VARIETIES OF CONSTITUTIONAL BAD FAITH ............................................................. 918 A. Subjective Bad Faith ....................................................................................................... 920 1. Dishonesty .................................................................................................................... 920 2. Disloyalty ..................................................................................................................... -
Obscurantism in Social Sciences
Diogenes http://dio.sagepub.com/ Hard and Soft Obscurantism in the Humanities and Social Sciences Jon Elster Diogenes 2011 58: 159 DOI: 10.1177/0392192112444984 The online version of this article can be found at: http://dio.sagepub.com/content/58/1-2/159 Published by: http://www.sagepublications.com On behalf of: International Council for Philosophy and Human Studiess Additional services and information for Diogenes can be found at: Email Alerts: http://dio.sagepub.com/cgi/alerts Subscriptions: http://dio.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://dio.sagepub.com/content/58/1-2/159.refs.html >> Version of Record - Jul 11, 2012 What is This? Downloaded from dio.sagepub.com at Kings College London - ISS on November 3, 2013 Article DIOGENES Diogenes 58(1–2) 159–170 Hard and Soft Obscurantism in the Copyright Ó ICPHS 2012 Reprints and permission: Humanities and Social Sciences sagepub.co.uk/journalsPermissions.nav DOI: 10.1177/0392192112444984 dio.sagepub.com Jon Elster Colle`ge de France Scholarship is a risky activity, in which there is always the possibility of failure. Many scholars fail honorably, and sometimes tragically, if they have devoted their career to pursuing an hypoth- esis that was finally disproved. The topic of this article is dishonorable failures. In other words, the thrust of the argument will be overwhelmingly negative.1 I shall argue that there are many schools of thought in the humanities and the social sciences that are obscurantist, by which I mean that one can say ahead of time that pursuits within these paradigms are unlikely to yield anything of value. -
Chapter Three Point Five
Religious Neutrality Chapter Three Draft: Feb. 14, 2011 Please do not cite or quote Chapter Three The American Specification of Neutrality Secularism in the United States has never been a secularism of governmental religion-blindness.1 Rather, it is secularism of a religion-friendly kind, which aims at broad, nondenominational support for religion while remaining neutral among religious factions. Neutrality’s fluidity means that it can vary in both its conceptual scope and its field of application. Religious neutrality, for example, could mean neutrality among varieties of Protestantism, or varieties of Christianity, or varieties of monotheism, or something even broader and vaguer. Whatever conceptual scope is attributed to it, the obligation of neutrality could be held to apply only to judges, or to both judges and legislators, or to citizens when voting. In this chapter, I will examine the specific variety of neutrality that has been followed in American law. It has never stopped treating religion as a distinctive human good. That neutrality, however, has shifted over time, becoming vaguer and more inclusive. Modes of secularism Which specification of neutrality we actually adopt will depend on our substantive reasons for adopting neutrality in the first place. Bruce Ackerman (who capitalizes “Neutrality” because it is the master concept of his political theory) observes that “it would be a category mistake to imagine that there could be a Neutral justification for the practice of Neutral justification – for Neutrality makes no sense except as a part of the practice it constitutes.”2 It is not possible to be blind to an issue with respect to which one has resolved to remain neutral. -
The Sources of Islamic Revolutionary Conduct
Joint Military Intelligence College LAMBERT Y Y The Sources of Islamic Revolutionary Conduct TEL IN LIG Y E R N A C T E I L C I O M L L T E N G I E O J 1962 Major Stephen P. Lambert U.S. Air Force TEL IN LIG Y E R N A C ISBN 1-932946-02-0 T E PCN 56747 I L C I O M L L T E N G I E O J 1962 The Joint Military Intelligence College supports and encourages research on intelligence issues that distills lessons and improves Intelligence Community capabilities for policy-level and operational consumers Y: The Sources of Islamic Revolutionary Conduct, Major Stephen P. Lambert, U.S. Air Force This product has been reviewed by senior experts from academia and government, and has been approved for unrestricted distribution by the Directorate for Freedom of Information and Security Review, Washington Headquarters Services. It is available to the public through the National Technical Information Service (www.ntis.gov). The author has also arranged for publication of this study through the Hoover Institution at Stanford University. The projected publication date is 2005. The Hoover Institution book includes commentar- ies on Major Lambert’s work by an even greater variety of scholars than included in the present book. [email protected], Editor and Director Center for Strategic Intelligence Research Library of Congress Control Number 2004114330 ISBN 1-932946-02-0 Y The Sources of Islamic Revolutionary Conduct Major Stephen P. Lambert, U.S. Air Force Research Fellow In g ic t e e g ll t ii a g e r n tt c SS c ee rr R R o o e e f f s s e e r r a a e e t r t r n c n Joint Military c e h e h C Intelligence College C WASHINGTON, DC April 2005 With the cooperation and support of the Institute for National Security Studies (INSS) USAF Academy, Colorado Springs The views expressed in this book are those of the author and do not reflect the official policy or position of the Department of Defense or the U.S. -
Nietzsche's Beyond Good and Evil.Pdf
Leo Strauss Nietzsche’s Beyond Good and Evil A course offered in 1971–1972 St. John’s College, Annapolis, Maryland Edited and with an introduction by Mark Blitz With the assistance of Jay Michael Hoffpauir and Gayle McKeen With the generous support of Douglas Mayer Mark Blitz is Fletcher Jones Professor of Political Philosophy at Claremont McKenna College. He is author of several books on political philosophy, including Heidegger’s Being and Time and the Possibility of Political Philosophy (Cornell University Press, 1981) and Plato’s Political Philosophy (Johns Hopkins University Press, 2010), and many articles, including “Nietzsche and Political Science: The Problem of Politics,” “Heidegger’s Nietzsche (Part I),” “Heidegger’s Nietzsche (Part II),” “Strauss’s Laws, Government Practice and the School of Strauss,” and “Leo Strauss’s Understanding of Modernity.” © 1976 Estate of Leo Strauss © 2014 Estate of Leo Strauss. All Rights Reserved Table of Contents Editor’s Introduction i–viii Note on the Leo Strauss Transcript Project ix–xi Editorial Headnote xi–xii Session 1: Introduction (Use and Abuse of History; Zarathustra) 1–19 Session 2: Beyond Good and Evil, Aphorisms 1–9 20–39 Session 3: BGE, Aphorisms 10–16 40–56 Session 4: BGE, Aphorisms 17–23 57–75 Session 5: BGE, Aphorisms 24–30 76–94 Session 6: BGE, Aphorisms 31–35 95–114 Session 7: BGE, Aphorisms 36–40 115–134 Session 8: BGE, Aphorisms 41–50 135–152 Session 9: BGE, Aphorisms 51–55 153–164 Session 10: BGE, Aphorisms 56–76 (and selections) 165–185 Session 11: BGE, Aphorisms 186–190 186–192 Session 12: BGE, Aphorisms 204–213 193–209 Session 13 (unrecorded) 210 Session 14: BGE, Aphorism 230; Zarathustra 211–222 Nietzsche, 1971–72 i Nietzsche’s Beyond Good and Evil Mark Blitz Leo Strauss offered this seminar on Nietzsche’s Beyond Good and Evil at St John’s College in Annapolis Maryland. -
Postmodernist Gibberish: Derrida Dumbfounds the Positivists
New York Journal of Sociology, 2008, Vol. 1, pp. 187-206 NY JS POSTMODERNIST GIBBERISH: DERRIDA DUMBFOUNDS THE POSITIVISTS Ben Agger University of Texas Arlington Jacques Derrida (1978), the enfant terrible of Continental philosophy who passed away recently, made many mad: analytical philosophers, positivists in the sciences and social sciences, the right, stupid people generally. That Derrida was brilliant is somewhat beside the point. What is on point is the way he read—texts and indeed the whole western philosophical tradition— aggressively, so much so that we could conclude that Derrida meant that reading is a form of writing. That is one of the main things I take away from his oeuvre. Another is that every text is ‘undecidable,’ that is, it cannot perfectly clarify and ex- haust its topic. This is because every definition needs to be defined, ad infi- nitum. There is no vantage outside of writing from which one can achieve that Archimedean insight about the truth or essence of the world. This rebut- tal of absolutism is extremely maddening to those who pretend apodictic knowledge, especially the gang we sometimes call positivists. To be sure, positivism died within physics by 1905, with Einstein’s first papers on the special theory of relativity. Newton was overthrown, except in the largely American social sciences, where it still prevails, even though there are challengers nibbling at the edges of the mainstream social-science disciplines. Newton only survives in sociology, political science, economics and parts of psychology. It is in these disciplines that Derrida is especially scandalous, although rear-guard actions are also being fought in English by those who dislike ‘the- ory’ and want the great books instead. -
Strauss's Life of Jesus
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Electronic Texts in American Studies Libraries at University of Nebraska-Lincoln 1840 Strauss’s Life of Jesus Theodore Parker West Roxbury Unitarian Church Paul Royster (depositor) University of Nebraska-Lincoln, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/etas Part of the American Studies Commons Parker, Theodore and Royster, Paul (depositor), "Strauss’s Life of Jesus" (1840). Electronic Texts in American Studies. 7. https://digitalcommons.unl.edu/etas/7 This Article is brought to you for free and open access by the Libraries at University of Nebraska-Lincoln at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Electronic Texts in American Studies by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Published originally in the Christian Examiner for April, 1840. Reprinted STRAUSS’S LIFE OF JESUS 249 from The Critical and Miscellaneous Writings of Theodore Parker (Bos- ton: James Munroe and Company, 1843), pp. 248–308. a great light in his time. Some thought that Theology died with him. A few, perhaps more than a few, at one time doubted his soundness in the faith, for he studied Philosophy, the Philos- ophy of Wolf, and there are always men, in Pulpits and Par- Strauss’s Life of Jesus. lors, who think Philosophy is curious in unnecessary matters, meddling with things that are too high for the human arm to reach. Such was the case in Baumgarten’s time in Halle of Sax- Das Leben Jesu, Kritisch bearbeitet von Dr. DAVID FRIEDERICH STRAUSS. -
The Word-Of-God Conflict in the Lutheran Church Missouri Synod in the 20Th Century
Luther Seminary Digital Commons @ Luther Seminary Master of Theology Theses Student Theses Spring 2018 The Word-of-God Conflict in the utherL an Church Missouri Synod in the 20th Century Donn Wilson Luther Seminary Follow this and additional works at: https://digitalcommons.luthersem.edu/mth_theses Part of the Christian Denominations and Sects Commons, and the History of Christianity Commons Recommended Citation Wilson, Donn, "The Word-of-God Conflict in the utherL an Church Missouri Synod in the 20th Century" (2018). Master of Theology Theses. 10. https://digitalcommons.luthersem.edu/mth_theses/10 This Thesis is brought to you for free and open access by the Student Theses at Digital Commons @ Luther Seminary. It has been accepted for inclusion in Master of Theology Theses by an authorized administrator of Digital Commons @ Luther Seminary. For more information, please contact [email protected], [email protected]. THE WORD-OF-GOD CONFLICT IN THE LUTHERAN CHURCH MISSOURI SYNOD IN THE 20TH CENTURY by DONN WILSON A Thesis Submitted to the Faculty of Luther Seminary In Partial Fulfillment, of The Requirements for the Degree of MASTER OF THEOLOGY THESIS ADVISER: DR. MARY JANE HAEMIG ST. PAUL, MINNESOTA 2018 ACKNOWLEDGMENTS Dr. Mary Jane Haemig has been very helpful in providing input on the writing of my thesis and posing critical questions. Several years ago, she guided my independent study of “Lutheran Orthodoxy 1580-1675,” which was my first introduction to this material. The two trips to Wittenberg over the January terms (2014 and 2016) and course on “Luther as Pastor” were very good introductions to Luther on-site. -
Dialectic and Dialogue in Plato
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by [email protected]. College of DuPage [email protected]. Philosophy Scholarship Philosophy 10-1-2012 Dialectic and Dialogue in Plato: Revisiting the Image of "Socrates-as-Teacher" in the Hermeneutic Pursuit of Authentic Paideia James Magrini College of DuPage, [email protected] Follow this and additional works at: http://dc.cod.edu/philosophypub Part of the Education Commons, and the Philosophy Commons Recommended Citation Magrini, James, "Dialectic and Dialogue in Plato: Revisiting the Image of "Socrates-as-Teacher" in the Hermeneutic Pursuit of Authentic Paideia" (2012). Philosophy Scholarship. Paper 33. http://dc.cod.edu/philosophypub/33 This Conference Proceeding is brought to you for free and open access by the Philosophy at [email protected].. It has been accepted for inclusion in Philosophy Scholarship by an authorized administrator of [email protected].. For more information, please contact [email protected]. Dialectic and Dialogue in Plato: Revisiting the Image of “Socrates-as-Teacher” in the Hermeneutic Pursuit of Authentic Paideia James M. Magrini College of Dupage (USA) (NB: First draft of paper) Introduction: The Socratic method of pedagogy as described and implemented by Adler in the Paideia Project (1984) emerges from a view of Socrates that runs counter to Plato’s image of Socrates as presented within the dialogues, most specifically the “early” dialogues deemed “aporetic” in nature.1 Within Adler’s view, Socrates represents the supreme example of what an educator should be like. “The Socratic mode of teaching,” states Adler (1984), is a method of pedagogy that brings ideas to birth by means of “asking questions, by leading discussions, by helping students to raise their minds up from a state of understanding and appreciating less to a state of understanding and appreciating more” (p. -
Nietzsche's Critique of Christianity
= . t I I1 . " I Nietzsche's Critique of Christianity " . • .. .. if J 1 I Nietzsche's Critique of, Christianity: An Exposition of ..The Anti-Christ ... ,"By Bruee Kinsey Ward, B.A. \ t A Thesis Submitted to the SChool of Graduate Studies in Partial Fulfillment of the Requirements for the Degree -Master· of Arts ~ter University Jiule, 1~75. , -- 't Master of Arts (1975) McMaster Univeraity • (Religion) Hamilton, Ontario. Title: Nietzsche's Critique of Christianity: An Exposition of ---.The Anti-Christ ? • Author: Bruce Kinsey Ward, B.A. (University of T?ronto) Supervisor: Dr. George P. Grant. Number of Pages: 125 o '. Scope and Purpose: This thesis a~tempts to set forth clearly what Nietzsche says about. Christianity in -The Anti-Christ. Its goal is the achievement of an adequate understanding of Nietzsche's critique of Chris~anity;' it is not meant to be a critical ( evaluation o~ that critique. • . I o -, Acknowledgements I would like to thank the supervisor of this thesis, .;) .~. ,.' ~ .. ..;.;'"'~ Dr. G. P. Grant. His exeellence as a thinker and as a teacher has been deeply appreciated in the course of my study of Nietzsch,e. ...' .' . ... ~ .. .. "'''-4- ~. ~... _-;I .' -:. -- -~ ;", ~ 4;1 -/ '" " I·t Contents Chapter Page Int roduct1~ 1 I: The Necessity for a Critique of oi' Christianity in Nietzsche's Thought 6 II: The Method of Nietzsche" s Critique of Christianity in The Anti-Chr~st 3S ."I An Exposition of ~e Anti-Christ: Nietzsche's Critique of Jesus 69 IV: An Exposition of The Anti-christ: Nietzsche's Critique of Christianity 89 Bibliography 125 / , , INTRODUCTION The subject of this thesis is the critique of Christianity contained in Friedrich Nietzsche's book, The Anti-Christ. -
Pli 10 9 Badiou.Pdf
Alain Badiou 175 PJi10 (2000),174-190. of contradictions over against the unilateral entities and fixed categories through which metaphysics allows something like a submission to death to prosper. Let us call this the dialectical trial of any metaphysical immobilism or 'eternitism'. In this trial Hegel is a key witness for the prosecution, but also Marx and Nietzsche, as well as Freud and Lacan. 4. Finally, that which discerns under the name of metaphysics the Ij Metaphysics and the Critique of Metaphysics nihilistic disposition of the entire history of the West. 'Metaphysics' I stands here for a prescription of the history of being such that to desire its ,I'l reversal one must engage in an interminable hermeneutic wait. Let us call ALAIN BADIOU I'll this the historial trial of metaphysics, which in the end can only oppose to I metaphysics' rampant technical reign the reserve of the poet or the 11"1 1 announcement of a return of the dead gods. 11 Anti-metaphysics is thus to be found in four guises: critique, I,ll Our question can be simply stated. What does "metaphysics" name in any positivism, dialectics, and hermeneutics. If, against the vacuity of the discourse that declares a crisis of metaphysics (in the best of cases), or the metaphysical concept, it functions through a discipline of limitation, it is end or even the profound non-sense of metaphysics (in the worst)? What the essence of critique; through a discipline of mathematized i" type of thought does this word, "metaphysics", refer to, for all those who experimentation, it is positivism; through the overcoming of the principle i!" claim to critique or reform its effects? of identity that grounds metaphysics, it is dialectics; finally, if it functions Let us recall that the theme either of an obsolescence or of a necessary through a deciphering of the history of being that culminates in an "I: and radical transformation of that which is sustained by the name epochal diagnosis, it is hermeneutics. -
Reinterpretations of the Historical Jesus
Scholars Crossing LBTS Faculty Publications and Presentations 1996 Reinterpretations of the Historical Jesus Gary R. Habermas Liberty University, [email protected] Follow this and additional works at: https://digitalcommons.liberty.edu/lts_fac_pubs Recommended Citation Habermas, Gary R., "Reinterpretations of the Historical Jesus" (1996). LBTS Faculty Publications and Presentations. 38. https://digitalcommons.liberty.edu/lts_fac_pubs/38 This Article is brought to you for free and open access by Scholars Crossing. It has been accepted for inclusion in LBTS Faculty Publications and Presentations by an authorized administrator of Scholars Crossing. For more information, please contact [email protected]. From The Historical Jesus: Ancient Evidence for the Life of Christ, College Press Publishing, 1996. Chapter IV Reinterpretations of the Historical Jesus In addition to the major historical approaches presented in the last chapter, many have attempted to write more-or-less popular lives of Jesus. These authors often advocate unorthodox interpretations: Jesus never died on the cross; he was connected with the Qumran community; someone else changed his message to fit their own desires; he traveled to various parts of the word during the so called "silent years" or even after the crucifixion. While such works are given virtually no attention by careful scholars, these attempts are sometimes very popular with those who are unfamiliar with the data behind such questions. Many are bothered by nonfactual or illogical presentations, but are not quite able to locate the problems involved. This is the major reason that these approaches are included in this book. We will investigate several of the most popular recent attempts to present unorthodox pictures of Jesus' life.