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Author: Mariano Croce Publisher: Stanford University Press ISBN: 1503613127 Category : Law Languages : en Pages : 304
Book Description
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
Author: Mariano Croce Publisher: Stanford University Press ISBN: 1503613127 Category : Law Languages : en Pages : 304
Book Description
How should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
Author: Brendan Sweetman Publisher: CUA Press ISBN: 9780966922615 Category : Philosophy Languages : en Pages : 284
Book Description
The contributors to The Failure of Modernism are influenced by the view that modernism has failed, and most of the essays attempt to critique specific features of modernism, often from a more traditional perspective. Modernism in philosophy is characterized by skepticism and anti-realism in epistemology, and by relativism in ethics and politics.
Author: Alan Roland Publisher: Routledge ISBN: 1135234272 Category : Psychology Languages : en Pages : 250
Book Description
Cultural Pluralism and Psychoanalysis explores the creative dialogue that the major psychoanalysts since Freud have had with the modern Northern European/North American culture of individualism and tries to resolve major problems that occur when psychoanalysis, with its cultural legacy of individualism, is applied to those from various Asian cultures. Roland examines the theoretical issues involved in developing a multicultural psychoanalysis, and then looks at the interface between Asian-Americans and other Americans, discussing the frequent dissonances, miscommunications, and misunderstandings that result from each coming from vastly different cultural and psychological realms.
Author: Dalia Tsuk Mitchell Publisher: Cornell University Press ISBN: 9780801439568 Category : Biography & Autobiography Languages : en Pages : 392
Book Description
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of 1934, the Indian Claims Commission Act of 1946, and, as head of the Indian Law Survey, authoring The Handbook of Federal Indian Law (1941), which promoted the protection of tribal rights and continues to serve as the basis for developments in federal Indian law.In Architect of Justice, Dalia Tsuk Mitchell provides the first intellectual biography of Cohen, whose career and legal philosophy she depicts as being inextricably bound to debates about the place of political, social, and cultural groups within American democracy. Cohen was, she finds, deeply influenced by his own experiences as a Jewish American and discussions within the Jewish community about assimilation and cultural pluralism as well the persecution of European Jews before and during World War II.Dalia Tsuk Mitchell uses Cohen's scholarship and legal work to construct a history of legal pluralism--a tradition in American legal and political thought that has immense relevance to contemporary debates and that has never been examined before. She traces the many ways in which legal pluralism informed New Deal policymaking and demonstrates the importance of Cohen's work on behalf of Native Americans in this context, thus bringing federal Indian law from the margins of American legal history to its center. By following the development of legal pluralism in Cohen's writings, Architect of Justice demonstrates a largely unrecognized continuity in American legal thought between the Progressive Era and ongoing debates about multiculturalism and minority rights today. A landmark work in American legal history, this biography also makes clear the major contribution Felix S. Cohen made to America's legal and political landscape through his scholarship and his service to the American government.
Author: Scott W. Sunquist Publisher: InterVarsity Press ISBN: 0830850945 Category : Religion Languages : en Pages : 243
Book Description
This collection of essays explores the legacy of Lesslie Newbigin's classic work, The Gospel in a Pluralist Society, critically analyzing the nature of Western pluralism and discussing the influence of Newbigin's work on the field of missiology. By looking backward, this volume advances a vision for Christian witness in the pluralistic world of the twenty-first century.
Author: Mark Lilla Publisher: New York Review of Books ISBN: 9781590170090 Category : Biography & Autobiography Languages : en Pages : 222
Book Description
In the fall of 1998, one year after the death of Isaiah Berlin, the New York Institute for the Humanities organized a conference to consider his intellectual legacy. The scholars who participated devoted much of their attention to the question of pluralism, which for Berlin was central to liberal values. His belief in pluralism was at the core of his philosophical writings as well as his studies of contemporary politics and the history of ideas. The papers given at the conference and collected in this volume concentrate on three aspects of Berlin's concept of pluralism. Aileen Kelly, Mark Lilla, and Steven Lukes trace the development and consequences of his distinction between hedgehogs, thinkers who have a single, unified theory of human action and history, and foxes, who believe in multiplicity and resist the impulse to subject humanity to a universal vision. Ronald Dworkin, Bernard Williams, Thomas Nagel, and Charles Taylor examine how liberalism can be sustained in the face of Berlin's insight that equally legitimate values, such as liberty and equality, may come into irreconcilable conflict. Avishai Margalit, Richard Wollheim, Michael Walzer, and Robert Silvers take up Berlin's advocacy for the State of Israel and his hopes for it as a place where the often contrary values of liberalism and nationalism might find harmonious resolution. The Legacy of Isaiah Berlin includes not only the panelists' contributions but also transcripts of the lively exchanges among themselves and with audience members following each session. The two days of discussion preserved here demonstrate the continuing vitality and relevance of Isaiah Berlin's thought in today's social and political debates.
Author: Michael C. Steiner Publisher: University Press of Kansas ISBN: 0700629548 Category : Political Science Languages : en Pages : 254
Book Description
The Harvard-educated, Jewish American philosopher Horace Meyer Kallen (1882–1974) is commonly credited with the concept of cultural pluralism, which envisioned immigrant and minority groups cultivating their distinctive social worlds and interacting to create an inclusive, ever-changing true American culture. Though living and teaching in Madison, Wisconsin, when he developed this influential theory, Kallen’s seven-year sojourn in the Midwest (1911–1918) rarely figures in accounts of the theory’s origins. And yet, Michael C. Steiner suggests, the Midwest, far from being a mere interruption in Kallen’s thought, was in fact the essential catalyst for the theory of cultural pluralism, a concept that continues to shape public debate a century later. The Midwest in the first decades of the twentieth century was a youthful region experiencing massive immigration and the xenophobic fervor of approaching war. In this milieu Steiner locates a pervasive pluralist zeitgeist rife with urban- and rural-based intellectuals and public figures deeply critical of both the all-absorbing melting pot ideology and white racist Anglo-Saxon exclusionism. Early proponents of diversity who interacted with Kallen to forge a pluralist sensibility and ideology as the Midwest was becoming the nation’s dominant region included public figures Hamlin Garland, Frederick Jackson Turner, and Jane Addams; African American activists Reverdy Ransom and Ida B. Wells; Norwegian American writers Ole E. Rølvaag and Waldemar Ager; and intellectuals Randolph Bourne and John Dewey. Tracing how Kallen’s interaction with these figures and his regional experience expanded his vision and added the final touch and crucial spatial dimension to his theory, Horace M. Kallen in the Heartland enhances our understanding of cultural pluralism. The book has direct bearing on the present, as once again denunciation of diversity and mass migration challenge the tenets and advocates of pluralism.
Author: Fred Dallmayr Publisher: University Press of Kentucky ISBN: 0813139457 Category : Philosophy Languages : en Pages : 248
Book Description
In addition to war, terrorism, and unchecked military violence, modernity is also subject to less visible but no less venomous conflicts. Global in nature, these "culture wars" exacerbate the tensions between tradition and innovation, virtue and freedom. Internationally acclaimed scholar Fred Dallmayr charts a course beyond these persistent but curable dichotomies in Integral Pluralism: Beyond Culture Wars. Consulting diverse fields such as philosophy, literature, political science, and religious studies, Dallmayr equates modern history with a process of steady pluralization. This process, which Dallmayr calls "integral pluralism," requires new connections and creates ethical responsibilities. Dallmayr critically compares integral pluralism against the theories of Carl Schmitt, the Religious Right, international "realism," and so-called political Islam. Drawing on the works of James, Heidegger, Gadamer, and Merleau-Ponty, Integral Pluralism offers sophisticated and carefully researched solutions for the conflicts of the modern world.
Author: Joseph Mali Publisher: Cambridge University Press ISBN: 1139561154 Category : Political Science Languages : en Pages :
Book Description
In this highly original study Joseph Mali explores how four attentive and inventive readers of Giambattista Vico's New Science (1744) – the French historian Jules Michelet (1798–1874), the Irish writer James Joyce (1882–1941), the German literary scholar Erich Auerbach (1892–1957) and the English philosopher Isaiah Berlin (1909–1997) – came to find in Vico's work the inspiration for their own modern theories (or, in the case of Joyce, stories) of human life and history. Mali's reconstruction of the specific biographical and historical occasions in which these influential men of letters encountered Vico reveals how their initial impressions and interpretations of his theory of history were decisive both for their intellectual development and their major achievements in literature and thought. This new interpretation of the legacy of Vico's New Science is essential reading for all those engaged in the history of ideas and modern cultural history.
Author: Mariano Croce
Author: Mariano Croce
Author: Brendan Sweetman
Author: Wendy Doniger
Author: Alan Roland
Author: Dalia Tsuk Mitchell
Author: Scott W. Sunquist
Author: Mark Lilla
Author: Michael C. Steiner
Author: Fred Dallmayr
Author: Joseph Mali