IDEAL TYPES and the PROBLEM of REIFICATION Fred Eidlin
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Reification in Law and Legal Theory
BOUNDED RATIONALITY, THE DOCTRINE OF IMPRACTICABILITY, AND THE GOVERNANCE OF RELATIONAL CONTRACTS DONALD J. SMYTHE♦ This article uses a behavioral economics approach to analyze the effects of the doctrine of impracticability on “relational” contracts – long- term contractual agreements that are typically adapted to changed circumstances and unforeseen contingencies as they arise. In contrast to conventional legal and economic theory, the article concludes that the impracticability doctrine has the potential to improve the efficiency and productivity of a wide range of long-term contractual agreements and offers normative guidelines as to how the doctrine should be applied to produce such an effect. The article also examines and rejects various philosophical objections to the impracticability doctrine, such as the arguments that it interferes with principles of economic liberty and voluntary exchange, interferes with the internal ethics of relational agreements, and clashes with principles of moral desert. INTRODUCTION The doctrine of impracticability is an affirmative defense to a complaint seeking specific performance or damages for an alleged breach of contract. It may be interpreted as a default rule that attaches an implied term to every contract that would excuse the parties from their obligations in the event that some unforeseen contingency makes their performances “impracticable.” Although its precise meaning is unclear, the term “impracticable” connotes severe – perhaps even catastrophic – consequences. In this respect, the doctrine is tantamount to an implied force majeure clause that applies whenever the impracticability is the result of circumstances that were in some sense unforeseen at the time the contract was formed. Although the criteria for establishing whether the circumstances were “unforeseen” are also unclear, they subsume, at the very least, the idea that the circumstances were not explicitly provided for under the contract. -
Reification, Agency and the Discourse on Identity and Difference
PINS, 2017, 53, 1 – 29, http://dx.doi.org/10.17159/2309-8708/2017/n53a1 Writing outside history: Reification, agency and the discourse on identity and difference Abstract Raphael Mackintosh1 The recent debates about the transformation, or & Wahbie Long decolonization, of higher education in South Africa have Department of Psychology underscored the continuing salience of “identity” in University of Cape Town post-apartheid political discourse. Disillusioned with the Rondebosch 7700 token equality of liberal politics, student-led movements now demand that their manifestos be granted legitimacy Keywords precisely on particularistic grounds. With the aim of political identity, agency, understanding what conception of social change these ontology, social change, demands entail, this archival study analyzes how political decolonization, reification, identity and agency have been constructed in contemporary metapsychology South African academic discourse. More specifically, this study identifies the different kinds of ontological and epistemological presuppositions that particular uses of language are necessarily committed to, and therefore necessarily limited by (both politically and conceptually). Utilizing Scopus, a bibliographic database, the five most relevant and highly cited articles were selected and subsequently analyzed using the logical rules governing both predicate ascription and presupposition. Two main uses of language were isolated based on common sets of presuppositions: 1) A non-human ontology of agents, and 2) Agency as a property of antecedently given identities. Each use of language was found to comprise two further subcategories respectively: 1.1) Psychological agencies, 1.2) External agencies; and 2.1) Realist view of political identity, 2.2) Constructivist view of political identity. The results of the data analysis suggest that the two main uses of language are mutually reinforcing. -
Charismatic Leadership and Democratization : a Weberian Perspective 1
CHARISMATIC LEADERSHIP AND DEMOCRATIZATION : A WEBERIAN PERSPECTIVE 1 Michael Bernhar d Associate Professor of Political Science The Pennsylvania State University SUMMARY 2 In at least three cases of democratization in Eastern and Central Europe (ECE), charismati c leaders have played an important role in overthrowing the old regime and in shaping the pattern of new institutions . In addition to Lech Wa łęsa in Poland, Vaclav Havel of the Czech (and formerly Slovak) Republic, and Boris Yeltsin of Russia, can be classified as charismatic leaders with littl e controversy . While there are other charismatic leaders in the region, their commitments t o democracy are quite shaky, and thus they fall outside the scope of this paper . The greatest contribution to our understanding of charisma as a social force has been the wor k of Max Weber. His sociological writings on charisma serve as the point of departure for this paper . After surveying Weber's analysis of charisma, this study turns to what his writings tell us about th e relationship between charisma and democracy. It then addresses the question of the impact tha t democratization has on charismatic leadership and use this to interpret the political fortunes of Lec h Wałęsa, Vaclav Havel, and Boris Yeltsin . It concludes with a discussion of the role of charisma i n both democracy and dictatorship in the contemporary era . Despite their pivotal role in the demise of the communist regimes in their countries and thei r leadership during key phases of the democratization process, none of the three leaders have bee n fully successful in translating their visions for their respective countries into reality . -
Law As Story: a Civic Concept of Law (With Constitutional Illustrations)
STRAND_ARTICLE_V.3 6/11/2012 3:34 PM LAW AS STORY: A CIVIC CONCEPT OF LAW (WITH CONSTITUTIONAL ILLUSTRATIONS) PALMA JOY STRAND* ABSTRACT This Article introduces a civic concept of law, which emphasizes that law is grounded in citizens. This view of law is consonant with the powerful themes of broad civic contribution in the recent political campaign of Barack Obama, and it challenges approaches to law, such as originalism, that emphasize tight control. Just as everyone can contribute to politics, everyone can contribute to law. And, as with politics, the more people who contribute, the richer and more resilient law becomes. We use stories to organize our experiences and to create meaning from those experiences. Stories evolve over time to accommodate new experiences, and individual stories weave together into collective stories. Stories bind us together: Sharing a story means sharing an identity. In this sense, law—and the Constitution in particular—is our story. The law is a reflection of the people living under it, the same people who create it. The law represents our values and understandings of the world, and it changes as we change. As our story, law tells us who we are and how we are to be with each other—the political, social, and economic roles we are to play. This Article explores the dynamic process that is law-as-story and the continual renewal, refreshment, renovation, and revolution of that story. In particular, it presents a sociological view of law * Assistant Professor of Law, Creighton Law School. B.S. Stanford University (1978); J.D. -
Alfred Weber, Theory of the Location of Industries, 1909
UC Santa Barbara CSISS Classics Title Alfred Weber, Theory of the Location of Industries, 1909. CSISS Classics Permalink https://escholarship.org/uc/item/1k3927t6 Author Fearon, David Publication Date 2002 eScholarship.org Powered by the California Digital Library University of California CSISS Classics - Alfred Weber: Theory of the Location of Industries, 1909 Alfred Weber: Theory of the Location of Industries, 1909 By David Fearon Background Alfred Weber (1868–1958), like his older brother Max Weber, started his academic career in Germany as an economist, then became a sociologist. While schooled at a time when European economics was emphasizing historical analysis, Weber was among those reintroducing theory and causal models to the field. He is best remembered, particularly in economics, regional science and operations research, for early models of industrial location (discussed below). When his work turned to sociology, however, Weber maintained a commitment to the "philosophy of history" traditions, developing theories for analyzing social change in Western civilization as a confluence of civilization (intellectual and technological), social processes (organizations) and culture (art, religion, and philosophy). He also published empirical and historical analyses of the growth and geographical distribution of cities and capitalism. Weber remained in Nazi Germany during the war, but was a leader in intellectual resistance. After the war his writings and teaching was influential both in and out of academic circles in promoting a philosophical and political recovery for the German people. Innovation With the publication of Über den Standort der Industrie (Theory of the Location of Industries) in 1909, Alfred Weber put forth the first developed general theory of industrial location [references here are to the 1929 translation of the 1909 book by Carl Friedrich]. -
The Reification of Consciousness
The Reification of Consciousness: Husserl’s Phenomenology in Lukács’s Identical Subject-Object Richard Westerman Georg Lukács’s History and Class Consciousness has suffered the pecu- liar indignity of being criticized by its admirers for the very theory they take from it. Like Karl Korsch’s Marxism and Philosophy, also published in 1923, Lukács’s book explored the proletariat’s stubborn refusal to rise in support of revolutionary regimes in Germany and Hungary; eschewing allegedly scien- tific analyses of the supposedly necessary collapse of capitalism, Korsch and Lukács focused on what happened in consciousness, not behind it, to under- stand society. Korsch’s dialectical account of the relationship between phi- losophy and society and Lukács’s attempt to ground the very structures of subjectivity of individuals in their society are now seen as the foundations of “Western” Marxism. Yet while many have adopted Lukács’s account of the reification of consciousness, few have accepted his argument that this very problem produces a revolutionary subjectivity in those most affected by it. Max Horkheimer and Theodor W. Adorno’s Dialectic of Enlightenment is a case in point: though inspired by Lukács in criticizing the total rationalization of society, epitomized by the “culture industry,” they reject his optimistic I would like to thank John Abromeit, Naomi Beck, Jocelyn Benoist, Steven Crowell, Raymond Geuss, and Martin Ruehl for their comments on various versions of this piece and for their many helpful suggestions; the remaining mistakes and flaws are, of course, my own responsibility. New German Critique 111, Vol. 37, No. 3, Fall 2010 DOI 10.1215/0094033X-2010-016 © 2010 by New German Critique, Inc. -
The Reification of Celebrity : Global Newspaper Coverage of the Death of David Bowie
The reification of celebrity : global newspaper coverage of the death of David Bowie BLACK, Jack <http://orcid.org/0000-0002-1595-5083> Available from Sheffield Hallam University Research Archive (SHURA) at: http://shura.shu.ac.uk/13788/ This document is the author deposited version. You are advised to consult the publisher's version if you wish to cite from it. Published version BLACK, Jack (2016). The reification of celebrity : global newspaper coverage of the death of David Bowie. International Review of Sociology, 27 (1), 202-224. Copyright and re-use policy See http://shura.shu.ac.uk/information.html Sheffield Hallam University Research Archive http://shura.shu.ac.uk This is an author’s accepted manuscript for ‘International Review of Sociology’, online November 2016, copyright Taylor & Francis Online. To link to this article: http://www.tandfonline.com/doi/full/10.1080/03906701.2016.1254393 The Reification of Celebrity: Global Newspaper Coverage of the Death of David Bowie Dr. Jack Black, Academy of Sport and Physical Activity, Faculty of Health and Wellbeing, Sheffield Hallam University, Collegiate Hall, Collegiate Crescent, Sheffield, S10 2BP 1 The Reification of Celebrity: Global Newspaper Coverage of the Death of David Bowie Jack Black, PhD Academy of Sport and Physical Activity, Sheffield Hallam University, Sheffield, UK Abstract This paper examines global English language newspaper coverage of the death of David Bowie. Drawing upon the concept of reification, it is argued that the notion of celebrity is discursively (re)produced and configured through a ‘public face’ that is defined, maintained and shaped via media reports and public responses that aim to know and reflect upon celebrity. -
BASEES Sampler
R O U T L E D G E . TAYLOR & FRANCIS Slavonic & East European Studies A Chapter and Journal Article Sampler www.routledge.com/carees3 Contents Art and Protest in Putin's Russia by Laurien 1 Crump Introduction Freedom of Speech in Russia edited by Piotr 21 Dutkiewicz, Sakwa Richard, Kulikov Vladimir Chapter 8: The Putin regime: patrimonial media The Capitalist Transformation of State 103 Socialism by David Lane Chapter 11: The move to capitalism and the alternatives Europe-Asia Studies 115 Identity in transformation: Russian speakers in Post- Soviet Ukrane by Volodymyr Kulyk Post-Soviet Affairs 138 The logic of competitive influence-seeking: Russia, Ukraine, and the conflict in Donbas by Tatyana Malyarenko and Stefan Wolff 20% Discount Available Enjoy a 20% discount across our entire portfolio of books. Simply add the discount code FGT07 at the checkout. Please note: This discount code cannot be combined with any other discount or offer and is only valid on print titles purchased directly from www.routledge.com. www.routledge.com/carees4 Copyright Taylor & Francis Group. Not for distribution. 1 Introduction It was freezing cold in Moscow on 24 December 2011 – the day of the largest mass protest in Russia since 1993. A crowd of about 100 000 people had gathered to protest against electoral fraud in the Russian parliamentary elections, which had taken place nearly three weeks before. As more and more people joined the demonstration, their euphoria grew to fever pitch. Although the 24 December demonstration changed Russia, the period of euphoria was tolerated only until Vladimir Putin was once again installed as president in May 2012. -
Discerning Truth: Exposing Errors in Evolutionary Arguments See Creationists Committing Logical Fallacies As Well
First printing: July 2010 Copyright © 2010 by Jason Lisle. All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission of the publisher, except in the case of brief quotations in articles and reviews. For information write: Master Books®, P.O. Box 726, Green Forest, AR 72638 Master Books is a division of the New Leaf Publishing Group, Inc. ISBN: 978-0-89051-594-5 Library of Congress Number: 2010929901 Cover by Diana Bogardus Unless otherwise noted, all Scripture is from the New American Standard Bible. Printed in the United States of America Please visit our website for other great titles: www.masterbooks.net For information regarding author interviews, please contact the publicity department at (870) 438-5288. ® Contents Preface ................................................................................................7 Introduction ......................................................................................11 1. Reification .............................................................................15 2. Equivocation .........................................................................19 3. Begging the Question ............................................................23 4. Question-Begging Epithet .....................................................33 5. Complex Question ................................................................39 6. Bifurcation ............................................................................43 7. Ad Hominem ........................................................................47 -
Weber's Ideal Types and Idealization
Weber’s ideal types and idealization Juraj Halas Max Weber’s “ideal types” (its) have long drawn the attention of philosophers of science. Proponents of the Poznan School have formulated at least two different methodological reconstructions of Weber’s conception. One, by Izabella Nowakowa, views its as extreme elements of classifications and argues that the procedure employed in constructing its is but a special case of the method of idealization. Another, by Leszek Nowak, explicates ideal-typical statements as analytic statements which perform explanatory or heuristic functions. In this paper, I assess these reconstructions and confront them with Weber’s original writings. I show that both are inadequate and propose a new one, based on a revised conception of abstraction and idealization. I show that the heuristic function of its, as discussed by Weber, consists in their role in formulating contrastive explanations. This work was supported by the Slovak Research and Development Agency under the contract No. APVV-0149-12. Introduction Max Weber’s writings on “ideal types” (its) have been an important influence in the debates on the philosophy and methodology of social sciences and the hu- manities. In the context of the Poznan School of philosophy of science, at least two contributions to the reconstruction of its have emerged. Unlike Hempel, both emphasize the role of idealization. The historically prior approach is due to Leszek Nowak and was first formulated in English in his (1980). The second approach was presented by Izabella Nowakowa in (2007). This paper critically examines both contributions. In the first part, I briefly restate the accounts weber’s ideal types and idealization 2 and argue that neither of them adequately captures the intent of Weber’s con- ception. -
The London School of Economics and Political Science Stigmatisation In
The London School of Economics and Political Science Stigmatisation in International Relations: Russia, the West and International Society from the Cold War to Crimea Adrian Rogstad A thesis submitted to the Department of International Relations of the London School of Economics for the degree of Doctor of Philosophy, London, September 2019. 1 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. I declare that my thesis consists of 96,546 words. Statement of use of third party for editorial help I can confirm that my thesis was copy edited for conventions of language, spelling and grammar by Paul Mothersdill. 2 Abstract This study analyses the effect of stigmatisation – the process of marking certain actors, behaviours or attributes as deviant in order to reinforce the norms of a social order – on Russian-Western relations from 1991 to 2016 and the broader normative fabric of post- Cold War international society. Building on the stigma literature in Sociology and recent applications of stigma theory in International Relations, stigmatisation is conceptualised as a relational process central to how international politics works, most notably in terms of what it means to be a ‘normal’ state. -
Current Trends in Theories of Religious Studies: a Clue to Proliferation of Religions Worldwide
Global Journal of Arts Humanities and Social Sciences Vol.2,No.7, pp. 27-46, September 2014 Published by European Centre for Research Training and Development UK (www.eajournals.org) CURRENT TRENDS IN THEORIES OF RELIGIOUS STUDIES: A CLUE TO PROLIFERATION OF RELIGIONS WORLDWIDE Nathaniel Aminorishe Ukuekpeyetan--Agbikimi -- Ph. D ABSTRACT: The thrust of this paper is to unveil the current trends in the theories of religious studies since 1970 till date and to show how they have led to proliferation of religious groups worldwide. The presupposition here is that there has been existing theories in comparison to happenings in contemporary times. The existing theories include: (1) theories of religion propounded for the primitive period, which have a leaning towards distinguishing between the sacred and the profane; and (2) those for the Middle Ages that orchestrated polemic and apologetic writings as a result of the renaissance. Thus, the need for a comparative treatment of religion became clear, and this prepared the way for more modern developments that paved way for Pentecostalism, Spiritism sects, etc. The sacred defines the world of reality, which is the basis for all meaningful forms and behaviours in the society. The profane is the opposite of the sacred. By theories of religion one means a body of explanations, rules, ideas, principles, and techniques that are systematically arranged to guide and guard religious practices for comprehension. These theories are categorized into substantive theories, focusing on what the value of religion for its adherents is, and functional or reductionist theories, focusing on what it does. The method adopted to obtain the goal of this study is through library research.