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This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.
Sovereignty as Symbolic Form by Jens Bartelson Pdf
This book is a critical inquiry into sovereignty and argues that the meaning and functions performed by this concept have changed significantly during the past decades, with profound implications for the ontological status of the state and the modus operandi of the international system as a whole. Although we have grown accustomed to regarding sovereignty as a defining characteristic of the modern state and as a constitutive principle of the international system, Sovereignty as Symbolic Form argues that recent changes indicate that sovereignty has been turned into something granted, contingent upon its responsible exercise in accordance with the norms and values of an imagined international community. Hence we need a new understanding of sovereignty in order to clarify the logic of its current usage in theory and practice alike, and its connection to broader concerns of social ontology: what kind of world do we inhabit, and of what kind of entities is this world composed? This book will be of interest to students of International Relations, Critical Security and International Politics.
The Origins of the Philosophy of Symbolic Forms by Donald Phillip Verene Pdf
The Origins of the Philosophy of Symbolic Forms marks the culmination of Donald Phillip Verene’s work on Ernst Cassirer and heralds a major step forward in the critical work on the twentieth-century philosopher. Verene argues that Cassirer’s philosophy of symbolic forms cannot be understood apart from a dialectic between the Kantian and Hegelian philosophy that lies within it. Verene takes as his departure point that Cassirer never wishes to argue Kant over Hegel. Instead he takes from each what he needs, realizing that philosophical idealism itself did not stop with Kant but developed to Hegel, and that much of what remains problematic in Kantian philosophy finds particular solutions in Hegel’s philosophy. Cassirer never replaces transcendental reflection with dialectical speculation, but he does transfer dialectic from a logic of illusion, that is, the form of thinking beyond experience as Kant conceives it in the Critique of Pure Reason, to a logic of consciousness as Hegel employs it in the Phenomenology of Spirit. Cassirer rejects Kant’s thing-in-itself but he also rejects Hegel’s Absolute as well as Hegel’s conception of Aufhebung. Kant and Hegel remain the two main characters on his stage, but they are accompanied by a large secondary cast, with Goethe in the foreground. Cassirer not only contributes to Goethe scholarship, but in Goethe he finds crucial language to communicate his assertions. Verene introduces us to the originality of Cassirer’s philosophy so that we may find access to the riches it contains.
Perspective as Symbolic Form by Erwin Panofsky Pdf
Erwin Panofsky’s Perspective as Symbolic Form is one of the great works of modern intellectual history, the legendary text that has dominated all art-historical and philosophical discussions on the topic of perspective in this century. Finally available in English, this unrivaled example of Panofsky’s early method places him within broader developments in theories of knowledge and cultural change. Here, drawing on a massive body of learning that ranges over ancient philosophy, theology, science, and optics as well as the history of art, Panofsky produces a type of “archaeology” of Western representation that far surpasses the usual scope of art historical studies. Perspective in Panofsky’s hands becomes a central component of a Western “will to form,” the expression of a schema linking the social, cognitive, psychological, and especially technical practices of a given culture into harmonious and integrated wholes. He demonstrates how the perceptual schema of each historical culture or epoch is unique and how each gives rise to a different but equally full vision of the world. Panofsky articulates these distinct spatial systems, explicating their particular coherence and compatibility with the modes of knowledge, belief, and exchange that characterized the cultures in which they arose. Our own modernity, Panofsky shows, is inseparable from its peculiarly mathematical expression of the concept of the infinite, within a space that is both continuous and homogenous.
Hans Kelsen and the Natural Law Tradition by Peter Langford,Ian Bryan,John McGarry Pdf
Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.
The Evolution of Blake’s Myth by Sheila A. Spector Pdf
Interpreting Blake has always proved challenging. Hermeneutics, as the on-going negotiation between the horizon of expectations and a given text, hinges on the preconceptions that structure thought. The structure, in turn, is derived from myth, a cultural narrative predicated on a particular set of foundational principles, and organized in terms of the resulting symbolic form. The primary impediment to interpreting Blake has been the failure to recognize that he and much of his audience have thought in terms of two radically different myths. In The Evolution of Blake’s Myth, Sheila A. Spector establishes the dimensions of the myth that structures Blake’s thought. In the first of three parts, she uses Jerusalem, Blake’s most complete book, as the basis for extrapolating the components of the consolidated myth. She then traces the chronological development of the myth from its origin in the late 1780s through its crystallization in Milton. Finally, she demonstrates how Blake used the myth hermeneutically, as the horizon of expectations for interpreting not only his own work, but the Bible and the visionary texts of others, as well.
Sebastian Luft explores the philosophy of culture championed by the Marburg School of Neo-Kantianism. Following a historical trajectory from Hermann Cohen to Paul Natorp and through to Ernst Cassirer, he defends the attractiveness of a philosophical culture in the transcendental vein.
Religious Symbols and the Intervention of the Law by Sylvie Bacquet Pdf
In contemporary pluralist states, where faith communities live together, different religious symbols and practices have to coexist. This may lead to conflicts between certain minority practices and the dominant majority, particularly around the manifestation of belief in the public domain which may be seen both by the religious and secular majorities as a threat to their cultural heritage or against the secular values of the host country. The law has to mitigate those tensions in order to protect the public from harm and preserve order but in doing so, it may where necessary have to limit citizens’ ability to freely manifest their religion. It is those limitations that have been disputed in the courts on grounds of freedom of religion and belief. Religious symbols are often at the heart of legal battles, with courts called upon to consider the lawfulness of banning or restricting certain symbols or practices. This book analyses the relationship between the state, individuals and religious symbols, considering the three main forms of religious expression, symbols that believers wear on their body, symbols in the public space such as religious edifices and rituals that believers perform as a manifestation of their faith. The book looks comparatively at legal responses in England, the U.S.A and France comparing different approaches to the issues of symbols in the public sphere and their interaction with the law. The book considers religious manifestation as a social phenomenon taking a multidisciplinary approach to the question mixing elements of the anthropology, history and sociology of religion in order to provide some context and examine how this could help inform the law.
The Oxford Handbook of Law and Humanities by Simon Stern Pdf
How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.
Author : Dorothy C. Wong Publisher : University of Hawaii Press Page : 249 pages File Size : 52,6 Mb Release : 2004-09-30 Category : Social Science ISBN : 9780824861872
Buddhist steles represent an important subset of early Chinese Buddhist art that flourished during the Northern and Southern Dynasties period (386–581). More than two hundred Chinese Buddhist steles are known to have survived. Their brilliant imagery has long captivated scholars, yet until now the Buddhist stele as a unique art form has received little scholarly attention. Dorothy Wong rectifies that insufficiency by providing in this well-illustrated volume the first comprehensive investigation of this group of Buddhist monuments. She traces the ancient roots of the Chinese stele tradition and investigates the process by which Chinese steles were adapted for Buddhist use. She arranges the known corpus of Buddhist steles into broad chronological and regional groupings and analyzes not only their form and content but also the nexus of complex issues surrounding this art form—from cultural symbolism to the interrelations between religious doctrine and artistic expression, economic production, patronage, and the synthesis of native and foreign art styles. In her analysis of Buddhism’s dialogue with native traditions, Wong demonstrates how the Chinese artistic idiom planted the seeds for major achievements in figural and landscape arts in the ensuing Sui and Tang periods.
This analysis deals with Old Testament law in the form of legal symbolic acts, defined as non-verbal acts which fulfil a legal function when performed under the proper circumstances and when the legal function is different from the physical result of the act. Legal symbolic acts belong to customary law. Since the customary law of ancient Israel is not as well-known as the codified law, these acts provide important information regarding the customary law of ancient Israel. Legal symbolic acts are also conventional, i.e., they are not so much dependent upon their performance for their meaning as upon the general agreement attached to the acts by those who form the surrounding socio-cultural context. This invites a contextual approach to the texts in which the acts are described. Such a contextual approach also restricts the use of comparative material to an illustrative function. Only when the literary context cannot be used to conclude whether it is a case of a legal symbolic act or not, will the comparative material be used in a further, explanatory sense. The analysis focuses on the three aspects of performance, legal function, and historical explanation, and includes the following acts: raising the hand, shaking the hand, putting the hand under the thigh, walking through a divided animal, sharing a meal, piercing the ear of a slave, anointing the head with oil, grasping the horns of the altar, transferring the mantle, covering a woman with the mantle, removing the sandal, and putting a child on the knees.
Author : Austin D. Sarat,Jonathan Simon Publisher : Duke University Press Page : 380 pages File Size : 46,8 Mb Release : 2003-07-03 Category : Law ISBN : 0822331438
Cultural Analysis, Cultural Studies, and the Law by Austin D. Sarat,Jonathan Simon Pdf
DIVThis interdisciplinary collection demonstrates the purchase of cultural studies frameworks for thinking about legal questions beyond the reach of the Law & Economics framework./div
This title is no longer stocked by us. It is now available directly from Christopher Enright: [email protected] How should lawyers go about their tasks in working with law, in making, interpreting, using, reading and writing law? Enright's book describes clear and simple techniques for working with law. It explains why the technique is needed and what it achieves, and then provides a model for doing it. Each model consists of a step by step guide for performing the relevant task. Legal Technique is structured to be the textbook in an introductory law course where the techniques are described, and intended for re-use in later courses on substantive law where these techniques must be further taught and practised in the context of those subjects. Legal Technique is accompanied by a free Legal Technique eWorkbook (see Supplement) containing materials, questions and answers. Included are exercises for working with statutes, cases, legal texts and for solving legal problems; further exercises to practise approaches to common law and statutory law subjects generally; and specific exercises for the subjects 'Introduction to Law', 'Constitutional Law', and 'Property Law'.
The Philosophy of Symbolic Forms by Ernst Cassirer Pdf
The Symbolic Forms has long been considered the greatest of Cassirer's works. Into it he poured all the resources of his vast learning about language and myth, religion, art, and science--the various creative symbolizing activities and constructions through which man has expressed himself and given intelligible objective form to this experience. "These three volumes alone (apart from Cassirer's other papers and books) make an outstanding contribution to epistemology and to the human power of abstraction. It is rather as if 'The Golden Bough' had been written in philosophical rather than in historical terms."--F.I.G. Rawlins, Nature
Ernst Cassirer (1874–1945) occupies a unique place in 20th-century philosophy. His view that human beings are not rational but symbolic animals and his famous dispute with Martin Heidegger at Davos in 1929 are compelling alternatives to the deadlock between 'analytic' and 'continental' approaches to philosophy. An astonishing polymath, Cassirer's work pays equal attention to mathematics and natural science but also art, language, myth, religion, technology, and history. However, until now the importance of his work has largely been overlooked. In this outstanding introduction Samantha Matherne examines and assesses the full span of Cassirer’s work. Beginning with an overview of his life and works she covers the following important topics: Cassirer’s neo-Kantian background Philosophy of mathematics and natural science, including Cassirer’s first systematic work, Substance and Function, and subsequent works, like Einstein’s Theory of Relativity The problem of culture and the ground-breaking The Philosophy of Symbolic Forms Cassirer’s ethical and political thought and his diagnosis of fascism in The Myth of the State Cassirer’s influence and legacy. Including chapter summaries, suggestions for further reading, and a glossary of terms, this is an ideal introduction to Cassirer’s thought for anyone coming to his work for the first time. It is essential reading for students in philosophy as well as related disciplines such as intellectual history, art history, politics, and literature.