Avoiding Absurdityt
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The Intellectual Fallout from World War I As the Context of the Roots Post- Modernism
Olivet Nazarene University Digital Commons @ Olivet Faculty Scholarship – History History 10-24-2014 The nI tellectual Fallout from World War I William Dean Olivet Nazarene University, [email protected] Follow this and additional works at: https://digitalcommons.olivet.edu/hist_facp Part of the Christianity Commons, Continental Philosophy Commons, Ethics and Political Philosophy Commons, European History Commons, Intellectual History Commons, Political History Commons, and the Social History Commons Recommended Citation Dean, William, "The nI tellectual Fallout from World War I" (2014). Faculty Scholarship – History. 19. https://digitalcommons.olivet.edu/hist_facp/19 This Presentation is brought to you for free and open access by the History at Digital Commons @ Olivet. It has been accepted for inclusion in Faculty Scholarship – History by an authorized administrator of Digital Commons @ Olivet. For more information, please contact [email protected]. 1 The Intellectual Fallout from World War 1 William W. Dean, Ph.D. October 24, 2014 Introduction Let me begin with some general thoughts about the importance of ideas in human life. All ideas—good, bad, indifferent—are rooted in human experience. Every thought we think comes to us in specific circumstances. The sudden flash of memory that raises the question, “Did I lock the door?” deals with a specific door to a particular house at a particular address. Whatever our age, job, responsibility, or relationship, our ideas are linked to the contexts in which we live. I intend here to explore the intellectual fallout from World War I as the context of the roots post- modernism. One of the surprises I encountered as I began to prepare this talk was the discovery of a long list of titles that linked World War 2 to postmodernism, but none that linked World War 1 in the same way. -
The Absurd Author(S): Thomas Nagel Reviewed Work(S): Source: the Journal of Philosophy, Vol
Journal of Philosophy, Inc. The Absurd Author(s): Thomas Nagel Reviewed work(s): Source: The Journal of Philosophy, Vol. 68, No. 20, Sixty-Eighth Annual Meeting of the American Philosophical Association Eastern Division (Oct. 21, 1971), pp. 716-727 Published by: Journal of Philosophy, Inc. Stable URL: http://www.jstor.org/stable/2024942 . Accessed: 19/08/2012 01:08 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Journal of Philosophy, Inc. is collaborating with JSTOR to digitize, preserve and extend access to The Journal of Philosophy. http://www.jstor.org 7i6 THE JOURNAL OF PHILOSOPHY The formerstands as valid only if we can findcriteria for assigning a differentlogical formto 'allegedly' than to 'compulsively'.In this case, the criteriaexist: 'compulsively'is a predicate, 'allegedly' a sentenceadverb. But in countless other cases, counterexamplesare not so easily dismissed.Such an example, bearing on the inference in question, is Otto closed the door partway ThereforeOtto closed the door It seems clear to me that betterdata are needed beforeprogress can be made in this area; we need much more refinedlinguistic classificationsof adverbial constructionsthan are presentlyavail- able, ifour evidenceconcerning validity is to be good enough to per- mit a richerlogical theory.In the meantime,Montague's account stands: thereis no reason to thinka morerefined theory, if it can be produced, should not be obtainable within the frameworkhe has given us. -
Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes
The Catholic University of America, Columbus School of Law CUA Law Scholarship Repository Scholarly Articles and Other Contributions Faculty Scholarship 2002 Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes Mark L. Rienzi The Catholic University of America, Columbus School of Law Stuart Buck Follow this and additional works at: https://scholarship.law.edu/scholar Part of the Constitutional Law Commons, and the Courts Commons Recommended Citation Mark L. Rienzi & Stuart Buck, Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitution Challenges to Uninterpreted State Statutes, 2002 Utah L. Rev. 381. This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. Federal Courts, Overbreadth, and Vagueness: Guiding Principles for Constitutional Challenges to Uninterpreted State Statutes Stuart Buck* and Mark L. Rienzi** I. INTRODUCTION When a state statute is challenged in federal court as unconstitutionally overbroad or vague, the federal court is caught between two fundamental principles of constitutional law. On the one hand, federal courts have been instructed numerous times that they should invalidate a state statute only when there is no other choice. The Supreme Court has noted that it is a "cardinal principle" of statutory interpretation that a federal court must accept any plausible interpretation such that a state statute need not be invalidated. Moreover, the doctrines of abstention, certification, and severance all exist in order to show deference to a state's power to interpret its own laws and to allow as much of a state law to survive as possible. -
Interpretation of Tax Legislation: the Evolution of Purposive Analysis
Interpretation of Tax Legislation: The Evolution of Purposive Analysis Stephen W. Bowman* PRÉCIS Durant le XIXe siècle et la première moitié du XXe siècle, l’interprétation de la législation fiscale a été dominée par l’application de règles rigoureuses de l’interprétation réglementaire. Les tribunaux, sauf dans des dérogations occasionnelles et des exceptions limitées, ont interprété rigoureusement et littéralement la législation fiscale, d’après les mots utilisés dans la législation, sans formuler aucune hypothèse sur l’objet et l’esprit de la législation autre que la levée d’impôts. Les règles de la preuve empêchaient les tribunaux de se reporter aux débats parlementaires ou à d’autres moyens extrinsèques pour les aider à établir le but ou le sens des dispositions législatives. Si la formulation d’une provision fiscale était jugée ambiguë, l’équivoque était résolue en faveur du contribuable; si une exemption était jugée ambiguë, l’équivoque était résolue en faveur du fisc. Au moins à compter des années 1930, l’interprétation rigoureuse et littérale a commencé à soulever des critiques sur le plan théorique et judiciaire, critiques qui étaient largement répandues dans le monde de la common law. Durant la première moitié des années 1980, l’approche traditionnelle a été rejetée en faveur de directives plus téléologiques au Canada, au Royaume-Uni et en Australie. Le jugement rendu par la Cour suprême dans l’affaire Stubart Investments Limited v. The Queen s’est avéré une décision critique dans ce domaine. Selon les directives adoptées par la Cour suprême dans l’affaire Stubart, l’interprétation de la législation fiscale devait être faite selon les mêmes principes généraux applicables à la loi en général, et la législation devait être lue dans son contexte complet et dans son sens grammatical et ordinaire, en harmonie avec le plan de la législation entière, l’objet de la législation et l’intention de la législature. -
Ludwig.Wittgenstein.-.Philosophical.Investigations.Pdf
PHILOSOPHICAL INVESTIGATIONS By LUDWIG WITTGENSTEIN Translated by G. E. M. ANSCOMBE BASIL BLACKWELL TRANSLATOR'S NOTE Copyright © Basil Blackwell Ltd 1958 MY acknowledgments are due to the following, who either checked First published 1953 Second edition 1958 the translation or allowed me to consult them about German and Reprint of English text alone 1963 Austrian usage or read the translation through and helped me to Third edition of English and German text with index 1967 improve the English: Mr. R. Rhees, Professor G. H. von Wright, Reprint of English text with index 1968, 1972, 1974, 1976, 1978, Mr. P. Geach, Mr. G. Kreisel, Miss L. Labowsky, Mr. D. Paul, Miss I. 1981, 1986 Murdoch. Basil Blackwell Ltd 108 Cowley Road, Oxford, OX4 1JF, UK All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this publication may be NOTE TO SECOND EDITION reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or THE text has been revised for the new edition. A large number of otherwise, without the prior permission of the publisher. small changes have been made in the English text. The following passages have been significantly altered: Except in the United States of America, this book is sold to the In Part I: §§ 108, 109, 116, 189, 193, 251, 284, 352, 360, 393,418, condition that it shall not, by way of trade or otherwise, be lent, re- 426, 442, 456, 493, 520, 556, 582, 591, 644, 690, 692. -
Introduction
Introduction Many philosophers are willing to entertain the possibility that Aristotle’s moral psychology and ethics have some contemporary relevance, but it is rarer to find those who think that Aristotle’s ancient theories of governance and the organization of political power could inform our current condition in any meaningful way. After all, modern political communities are highly pluralistic, fractious, and incredibly complicated; Aristotle, by contrast, could only ponder constitutions appropriate for hopelessly small cities that were simple, homogeneous, and aspired to quasi-organic levels of organization. The difference between these two views is not merely that modern thinkers discuss conflict more than the ancients, or that modern thinkers understand political society as a response to a basic condition of chaos and lawlessness while Aristotle sees political society as a response to the human wish for friendship and higher activities of virtue. Rather, the claim is that only modern philosophers are willing to accept that there will always be splits and distinctions within the social and political orders of the community itself that need to be theorized: The peculiarly modern distinctions which began to emerge with Niccolò Machiavelli (1469–1527) and Thomas Hobbes (1588–1679) between state and society, specialized officials and citizens, ‘the people’ and government, are not part of the political philosophy of the Athenian city-state. For this city-state celebrated the notion of an active, involved citizenry in a process of self- government; the governors were to be the governed.1 On this reading, there is something “peculiarly modern” about recognizing the divisions among citizens that arise from intractable debates, zero-sum decisions requiring winners and losers, and the difficult question of who ix © 2019 State University of New York Press, Albany x Introduction among them should rule and be ruled. -
Redefining What's “Reasonable”: the Protections for Policing
\\jciprod01\productn\G\GWN\84-2\GWN201.txt unknown Seq: 1 18-MAR-16 13:42 Redefining What’s “Reasonable”: The Protections for Policing Barry Friedman and Cynthia Benin Stein* ABSTRACT How should the Constitution govern police surveillance and investiga- tions? Once, the formal rules were clear, even if not faithfully observed: searches and seizures required probable cause and a warrant. Today, how- ever, the Supreme Court has said that many forms of police activity need only be “reasonable.” But what is required to ensure that policing is “reasonable”? This question has become all the more pressing and perplexing as policing has shifted from a reactive, investigative approach that centers on suspicion that a particular person has committed a particular crime to a more programmatic, deterrent approach that relies on searching and seizing people without any suspicion of wrongdoing. In numerous contexts today—among them the use of drones, stop and frisk, bulk data collection, DNA testing, and a myriad of other controversial activities—the government justifies warrantless and often suspicionless surveillance by applying a mushy reasonableness balancing test. Courts, commentators, politicians and police all are at a loss to know precisely what is, or should be, required. This Article argues that matters can be simplified greatly by focusing not on the policing technique at issue, but on the protections that ensure against the use of arbitrary police discretion. Whatever else the Fourth Amendment safeguards, there is widespread agreement that it is a protection against arbi- trary and unjustified government intrusion. Policing has a binary nature to it. Policing agencies engage in two types of searches: (1) They investigate, based on individualized suspicion (“cause”) to believe a person has committed a crime; and (2) they engage in suspicionless searches that seek, in a program- matic or deterrent way, to curb a social problem and prevent criminal con- duct. -
Empiricism, Stances, and the Problem of Voluntarism
Swarthmore College Works Philosophy Faculty Works Philosophy 1-1-2011 Empiricism, Stances, And The Problem Of Voluntarism Peter Baumann Swarthmore College, [email protected] Follow this and additional works at: https://works.swarthmore.edu/fac-philosophy Part of the Philosophy Commons Let us know how access to these works benefits ouy Recommended Citation Peter Baumann. (2011). "Empiricism, Stances, And The Problem Of Voluntarism". Synthese. Volume 178, Issue 1. 27-36. DOI: 10.1007/s11229-009-9519-7 https://works.swarthmore.edu/fac-philosophy/13 This work is brought to you for free by Swarthmore College Libraries' Works. It has been accepted for inclusion in Philosophy Faculty Works by an authorized administrator of Works. For more information, please contact [email protected]. Empiricism, Stances and the Problem of Voluntarism Peter Baumann Synthese 178, 2011, 207-224 Empiricism can be very roughly characterized as the view that our knowledge about the world is based on sensory experience. Our knowledge about the world is "based" on sensory experience in the sense that we could not know what we know without relying on sense experience. This leaves open the possibility that sense experience is only necessary but not sufficient for the knowledge based upon it1-as long as the non-empirical elements are not themselves sufficient for the relevant piece of knowledge.2 The basing relation is not just a genetic one but also a justificatory one: Sense experience does not only lead to beliefs which happen to count as knowledge but also qualifies them as knowledge. In his important book The Empirical Stance Bas van Fraassen characterizes traditional empiricism at one point in a more negative way-as involving the rejection of "metaphysical" explanations which proceed by postulating the existence of something not 1 "But although all our cognition commences with experience, yet it does not on that account all arise from experience." (Kant, CpR, B1). -
Untangling the Web of Canadian Privacy Laws
Reproduced by permission of Thomson Reuters Canada Limited from Annual Review of Civil Litigation 2020, ed. The Honourable Mr. Justice Todd L. Archibald. Shining a Light on Privacy: Untangling the Web of Canadian Privacy Laws BONNIE FISH AND ALEXANDER EVANGELISTA1 It was terribly dangerous to let your thoughts wander when you were in any public place or within range of a telescreen. The smallest thing could give you away. George Orwell, 1984 I. THE GENESIS OF PRIVACY LITIGATION Although there are more Canadian privacy laws than ever before and the right to privacy has quasi-constitutional status,2 Canadian citizens have never had greater cause for concern about their privacy. Our devices make public a dizzying amount of our personal information.3 We share information about our preferences and location with retailers and data brokers when shopping for online products and when shopping in physical stores using our credit cards, payment cards or apps. Smart homes and smart cities make possible Orwellian surveillance and data capture that previously would have been illegal without a judicial warrant.4 The illusion of anonymous or secure internet activity has been shattered5 by large scale privacy breaches that have exposed the vulnerability of our personal information to hackers.6 The COVID-19 crisis raises new privacy concerns as governments and private institutions exert extraordinary powers to control the outbreak, including the use of surveillance technologies.7 1 Bonnie Fish is a Partner and the Director of Legal Research at Fogler, Rubinoff LLP, Alexander Evangelista is an associate in the litigation department of Fogler, Rubinoff LLP. -
Annas: Aristotle on Substance, Accident and Plato's Forms
Aristotle on Substance, Accident and Plato's Forms Author(s): Julia Annas Reviewed work(s): Source: Phronesis, Vol. 22, No. 2 (1977), pp. 146-160 Published by: BRILL Stable URL: http://www.jstor.org/stable/4182011 . Accessed: 27/04/2012 02:48 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. BRILL is collaborating with JSTOR to digitize, preserve and extend access to Phronesis. http://www.jstor.org Aristotleon Substance, Accidentand Plato's Formns JULIA ANNAS At Metaphysics 990 b 27-991a 8 (= 1079a 19-b3) there is a very puzzling argument of Aristotle's against Platonic Forms. Aristotle is trying to embarrass the Platonists with a contra- diction in their theory. On the one hand they want to say that there are Forms not only of substances but also of accidents of substances (qualities, relations, etc.) On the other hand, they are committed to the belief that there are Forms only of substances. The contradiction shows that they should give up at least one of the beliefs concerned. Clearly, however, Aristotle thinks that a more radical response is called for, namely, rejection of the theory of Forms altogether. -
PETA, Et Al., Vs. Stein, Et Al., Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA PEOPLE FOR THE ETHICAL ) TREATMENT OF ANIMALS, INC.; ) CENTER FOR FOOD SAFETY; ANIMAL ) LEGAL DEFENSE FUND; FARM ) SANCTUARY; FOOD & WATER WATCH; ) GOVERNMENT ACCOUNTABILITY ) PROJECT; FARM FORWARD; and ) AMERICAN SOCIETY FOR THE ) PREVENTION OF CRUELTY TO ) ANIMALS, ) ) Plaintiffs, ) ) v. ) 1:16CV25 ) JOSH STEIN, in his official ) capacity as Attorney General ) of North Carolina, and DR. ) KEVIN GUSKIEWICZ, in his ) official capacity as ) Chancellor of the University ) of North Carolina-Chapel Hill, ) ) Defendants, ) ) And ) ) NORTH CAROLINA FARM BUREAU ) FEDERATION, INC., ) ) Intervenor-Defendant. ) MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, Chief District Judge. Plaintiffs People for the Ethical Treatment of Animals, Inc. (“PETA”), Center for Food Safety (“CFS”), Animal Legal Defense Fund (“ALDF”), Farm Sanctuary, Food & Water Watch (“FWW”), Government Accountability Project (“GAP”), Farm Forward, and the American Society for the Prevention of Cruelty to Animals (“ASPCA”) seek to permanently enjoin North Carolina Attorney General, Josh Stein, and University of North Carolina-Chapel Hill Chancellor, Dr. Kevin Guskiewicz, from enforcing subsections of North Carolina General Statute § 99A-2 as unconstitutional under the First and Fourteenth Amendments to the United States Constitution. (Doc. 21 ¶ 142.) Before the court are cross-motions for summary judgment filed by Plaintiffs (Doc. 98) and Defendants (Doc. 107), as well as Intervenor-Defendant North Carolina Farm Bureau Federation, Inc. (“Intervenor”) (Doc. 109). With leave of court, amici Reporters Committee for Freedom of the Press and twenty-one other organizations1 have filed a brief in support of Plaintiffs’ motion for summary judgment. (Doc. 106.) The motions have been fully briefed, and the court held oral argument on February 6, 2020. -
Interpreting the Charter of Rights: Generosity and Justification
Osgoode Hall Law Journal Volume 28 Issue 4 Volume 28, Number 4 (Winter 1990) Article 3 10-1-1990 Interpreting the Charter of Rights: Generosity and Justification Peter W. Hogg Osgoode Hall Law School of York University Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/ohlj Part of the Constitutional Law Commons Article This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Hogg, Peter W.. "Interpreting the Charter of Rights: Generosity and Justification." Osgoode Hall Law Journal 28.4 (1990) : 817-838. https://digitalcommons.osgoode.yorku.ca/ohlj/vol28/iss4/3 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons. Interpreting the Charter of Rights: Generosity and Justification Abstract The author argues that there is a close relationship between the scope of the rights guaranteed by the Charter and the standard of justification equirr ed under section 1. The broader the scope of a right, the more relaxed the standard of justification must be. A generous interpretation of a right is incompatible with the stringent Oakes standard of justification. However, a purposive interpretation of a right, confining the right to conduct that is worthy of constitutional protection, is compatible with a stringent standard of justification. Keywords Canada. Canadian Charter of Rights and Freedoms; Constitutional law--Interpretation and construction; Canada Creative Commons License This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.