This book is intended for those who have no previous acquaintance with the topics of which it treats, and no more knowledge of mathematics than can be acquired at a primary school or even at Eton. It sets forth in elementary form the logical definition of number, the analysis of the notion of order, the modern doctrine of the infinite, and the theory of descriptions and classes as symbolic fictions. The more controversial and uncertain aspects of the subject are subordinated (...) to those which can by now be regarded as acquired scientific knowledge. These are explained without the use of symbols, but in such a way as to give readers a general understanding of the methods and purposes of mathematical logic, which, it is hoped, will be of interest not only to those who wish to proceed to a more serious study of the subject, but also to that wider circle who feel a desire to know the bearings of this important modern science. (shrink)

Drawing on positioning theory this study investigates how Somali diaspora mothers actively struggle to be recognized by teachers in Danish public schools as equitable partners in their children’s education. The study takes into account the historically and politically constituted conditions for positioning work and argues that these mothers navigate skillfully in these conditions explicitly positioning themselves as both ‘supportive assistants’ and ‘responsible parents’. However, the analysis shows that these mothers have narratives of unjust treatment of both themselves and their children (...) in schools, but the struggle to be recognized as equitable partners inhibits their possibilities of taking up the position of ‘advocate for their child’. They are thereby drawn into a position of ‘passive complacency’. Additionally the article argues for a more encompassing understanding of positioning theory that takes into account the constituted conditions as well as embodied and material aspects of constitutive here-and-now negotiations. (shrink)

تسعى هذه الدراسة إلى مقاربة مرتكزات الدرس التداولي في تحليل الخطاب السيميائي للنصوص الأدبية، ليس بوصف التداولية تمثل نظرية، أو منهجا مستقيما بذاته في النقد الأدبي المعاصر، وإنما باعتبارها حقلا معرفيا قائما على شبكة من المفاهيم التي تعنى بمختلف الأعراف اللغوية التقليدية وغير التقليدية والقواعد والقوانين الكلية لاستعمال اللغة، مما يجعل التداولية تشي بانتماء جهازها المفاهيمي إلى حقول معرفية متداخلة، تتلاشى فيها المعالم والحدود.

The rapid development of medical science and technology without attention to ethical values has raised moral issues in the field of obstetrics. Medical professions have found themselves in a dilemma because they all geared for the mastery of knowledge and skills in diagnosis and scientific decision-making, but lack the skills needed for ethical assessment. Formal education and training in ethical assessment is needed to help make medical decisions that can be justified. This paper intends to describe a new approach in (...) improving the quality of medical practice in obstetric care based on competence in bioethics and clinical Ethics in accordance with the demand of society in developing countries. Ethics should be observed by every physician as indicated in the “Preamble of Indonesian Code of Medical Ethics”. It includes values such as purity of intention, generosity, humility, sincerity in work, scientific and social integrity, and amity among physicians. Ethics is related to legal aspects, and the two are complementary for achieving good practice in medicine. Obstetric care decisions cannot rely on a single approach; several alternative approaches including feminist ethics and bioethical principles should always be considered in medical decision-making. Consultation with experts in the field or a hospital ethics committee can also be helpful. Therefore no good ethical decision can be made without ethical guidance. (shrink)

For both John Rawls and Martha Nussbaum, the concept of love plays a significant role in moral psychology. Rawls views the sense of justice as grounded in parental love, and continuous with love of mankind. Nussbaum’s recent defence of patriotism revives the emotio n of love as essential for political contexts. I argue that love ought to play a substantial part in the shaping of global politics, and that a moral psychology of love based merely on a combination of Rawls’s (...) and Nussbaum’s accounts fails to produce an ad equate ground for conceptualizing moral motivation with respect to addressing transnational concerns of justice. I contend that by critically synthesizing Rawls’s and Nussbaum’s conceptions of love and moral psychology with resources from Kant’s ethics, it is possible to develop a more attractive, and potentially politically effective, conception of love of human beings in the framework of political liberalism. (shrink)

In a world where, as Martin Heidegger puts it, ‘homelessness’ has become its destiny, the colonized/Oriental Other that once exclusively constituted and was neglected from the matrix of the Western imaginary has no longer maintained its distance as ‘out there’. Instead it is embodied as a ‘refugee’ appearing on the borders of the ‘home’ with its complex cultural, colonial history. The majority of refugee studies feature the refugee as the outcome of the interplay of the two concepts of the ‘rights (...) of man’ and the ‘rights of the citizen’, who resides on the threshold of nativity and nationality as the limit phenomenon of the nation-state stands before the law in its totality but cannot be classified under any of its provisions. However, this thesis investigates the philosophical underpinnings of the emergence of the phenomenon of the refugee that appears at the threshold of one’s own experience of home as an alien who does not belong to the privileged normative structure of the home. Drawing on Anthony Steinbock’s approach to the Husserlian phenomenology of generativity, this study phenomenologically examines the possibility of an ethical relation in the Homeworld and Alienworld encounter. Focusing on the mode of givenness of the alien to the home in interpersonal relations, the main question of the thesis is:If phenomenologically the Other is accessible to home in a mode of inaccessibility, then how can the ‘I’ initiate an ethical relation to the Other?As the result of addressing this question, building on Edmund Husserl’s late project of ethical renewal and Bernhard Waldenfels’ phenomenological ethics of Responsivity alongside Jean-Luc Marion’s phenomenology of givenness, I develop a new understanding of the experience of violence versus morally experiencing the Other. Although James Dodd contributed greatly to the development of the phenomenology of violence, this thesis gives a new perspective to the concept of ‘violence’ versus the ‘ethical’ from the perspective of types of phenomena and various modes of givenness. From a phenomenological perspective, by analyzing the mode of givenness peculiar to the experience of the Other in the intersubjective realm, I propose that violence is a disposition toward receiving the Other in experience as a denigrated phenomenon. However, an ethical relation to the Other means to receiving the Other as saturated phenomenon that is non-objectifiable. Chapter One discusses how phenomenology as critique can be a critical reflection on experience in order to justify and turn back to the question that concerns the refugee subject as ‘an alien other’. Applying Besinnung enables me to unravel the meaning structure that is operative in colonial subjectification and de-subjectification and the concept of violence that is embedded in the colonial situation. Dodd’s phenomenological account of violence and Giorgio Agamben’s discussion of ‘the camp’ gives me the opportunity to analyze the current manifestation of colonial violence in Australian offshore refugee detention camps. Considering various sorts of violence that are operative in the colonial structure, Chapter Two focuses on a specific type of violence that is hidden in the cognitive structure of our consciousness: epistemic violence. Building on Miranda Fricker’s notion of ‘epistemic injustice’ and Husserl’s phenomenological notion of ‘horizon-structure of experience’ that he proposed in Experience and judgment I develop a phenomenological analysis of the horizon structure of experiencing two types of epistemic injustice, which are testimonial and hermeneutical injustice. Phenomenologically thematizing the intersubjective structure of the home, Chapter Three investigates the way the institutional violence of the colonial system can affect meaning constitution. A regressive inquiry into the pregiven lifeworld of the colonial situation as a violent situation that emerges out of the disrupted world of sense, the chapter enquires into the relation of the ‘I’ with the ‘alien’, and asks how does the ‘I’ experience the Other and constitute it as alien? Doing so, I argue that I experience the other as always present in its absence in a way that its presence is withdrawn from the accessibility of home as inaccessible. Chapter Four examines the mode of experiencing the alien Other by the home as a liminal experience in which the alienworld is inaccessible and incomprehensible to home. Furthermore, building on the work of Emmanuel Levinas and Steinbock, I intend to liberate the phenomenon of the alien from the constitutive conditions of the home by discussing how the Other person is absolved from a disposal relation with me. This is to discover the most profound relation to the other that is given in moral experience. Chapter Five analyzes the moral experience of the Other in terms of the modality of the givenness of the Other, and in terms of the type of phenomena given in vertical givenness in the intersubjective realm. Reading Steinbock together with Marion, I explore the type of phenomenality of the alien Other who is given in the mode of revelation as a saturated phenomenon. I argue that by abandoning the givenness of the Other as a saturated phenomenon, I open the possibility of violence toward the Other. This way, I propose that the two concepts of violence and ethics are phenomenological orientations toward the reception of the call of the Other as a saturated phenomenon. (shrink)

Hick’s pluralist assumption has remained the most knowable model of religious pluralism in the last few decades. Many have, from the perspectives of various major world religions, questioned his notion that the teachings of all religions are derived from the same Absolute Truth and that salvific-end is one, yet little attention has been paid to the traditions that he graded as unauthentic and non-valuable according to his soteriological and ethical criteriology. The purpose of this thesis was to demonstrate the exclusiveness (...) of Hick’s model by describing a tradition called “Chinese Folk Religion” that does not fit into his definition of ‘authentic religion’. As the study suggested, his understanding of the world religious situation is over-generalised and simplified, and his particular criteriology does not treat all traditions fairly or pluralistically. As a response, this thesis proposed a more inclusive theory that also integrates the currently disregarded tradition into the interpretation. (shrink)

The thesis explores the adequacy of five well-known conceptions of art to the case of gardens. It concludes that, of those conceptions, the cluster theory is best suited to the case of gardens.

The enthusiasm for a positivistic approach to sexuality education has begun to subside. Recognizing that sexuality is more than a biological phenomenon, and that education is more than just information, sexuality educators throughout North America are now acknowledging the importance of values. There are two problems, however, with the philosophical orientation on values within the literature. The first problem is the pervasive view that teachers should remain neutral to facilitate value clarification. The commitment to neutrality is often based on an (...) appreciation and respect for pluralism, on the subjective nature of values, and on the integrity of persons. The commitment to neutrality, however, confuses pluralism with relativism, subjectivity with subjectivism, and integrity with validity. (shrink)

One of the central problems concerning research with children is the delineation of appropriate levels of risk exposure. In the U.S. Code of Federal Regulations, the "minimal risk" concept serves as an anchoring measure for allowable risk. While the regulations sought to promote a balance between scientific advances and the protection of children's vulnerable status, ambiguities in the language of the regulations and the regulatory definition of "minimal risk" have given rise to a great deal of confusion. Research ethics boards (...) and the medical community espouse a multitude of varying opinions regarding the interpretation and application of the federal regulations with more recent research demonstrating an apparent increase in risk without corresponding benefit in pediatric research. Informed by ethical theory, law, and science, this project analyzes the apparent increase in allowable risk, calls for a reassessment of the concept of "minimal risk," and recommends modifications to the federal regulations. (shrink)

This thesis is a contribution to the ethical justification for clinical research with children. A research subject’s participation in a trial is usually justified, in part, by informed consent. Informed consent helps to uphold the moral principle of respect for persons. But children’s limited ability to make informed choices gives rise to a problem. It is unclear what, if anything, justifies their participation in research. Some research ethicists propose to resolve this problem by appealing to social utility, proxy consent, arguments (...) explaining why it is permissible to expose children to some harm, and an argument concerning the appropriate balance between research harms and benefits. I argue that each of these is a necessary part of the justification for research with children, but that the argument concerning harms and benefits is under-developed. It relies on the concept of minimal risk, but minimal risk is inadequately justified. I propose an interpretation of minimal risk. I defend the idea that minimal risk should be interpreted according to the risks of daily life. I reject the most prominent defense of daily life, which claims that daily risks are morally relevant because they replace, rather than add to, the risks a child would ordinarily face. Instead, I propose that these risks are part of a reasonable trade-off between personal safety and our ability to pursue meaningful lives. I then examine whose daily life should be captured in the concept of minimal risk. I reject arguments that minimal risk should refer to healthy children or the subjects of the research and propose instead that the referent should be children who are not unduly burdened by their lives. I argue that children are not unduly burdened when they fare well and defend the idea that children fare well when they possess sufficiently high degrees of the substantive goods of childhood. I conclude by analyzing a controversial case study using my interpretation of minimal risk. I draw on this case to argue that my interpretation offers clear guidance for research ethics review and contributes to a determination that is more plausible than its rivals. (shrink)

The Kennedy Krieger lead paint study received a lot of attention after a US Court of Appeals ruled that a parent cannot consent to the participation of a child in non-therapeutic research. The ruling has raised fears that, if it goes unchallenged, valuable research might not proceed and ultimately all children would be harmed. The author discusses significant aspects of the study that have been neglected, and argues that the study was unethical because it involved injustice and its design meant (...) that the study lacked importance and value. Issues of benefit, risk, and consent are vital, but it is sometimes a mistake to consider these issues before settling questions about justice and the importance and value of a research project. The author concludes by offering a strategy for researchers and reviewers of research to appreciate, in a vivid way, the implications of research participation. (shrink)

The claim of this paper is to present Spinoza’s view on self-esteem and positive reciprocity, which replaces the human being in a monistic psycho-dynamical affective framework, instead of a dualistic pedestal above nature. Without naturalising the human being in an eliminative materialistic view as many recent neuro-scientific conceptions of the mind do, Spinoza finds an important entry point in a panpsychist and holistic perspective, presenting the complexity of the human being, which is not reducible to the psycho-physiological conditions of life. (...) From a panpsychist point of view, qualities and values emerge from the world, in a situation similar to what could be seen in animism, or early childhood psychology, where the original distance between the mind and the exterior thing is reduced ad minima, and both can even interrelate in a confusing manner. Human reality is nevertheless a social reality, it supposes a basis for shared competencies, that we will present as grounded on the one hand of the sustaining character of the essence of the animal-man as will-to-power. Negatively speaking we all share same asocial tendencies and affects. This aspect is not only negative but it is also a will to develop and master the environment, because values have an onto-metaphysical immanent dimension in nature, not because there is an individual bottom-up will to survive, but rather a will to live in harmony with the surrounding world. On the other hand, we shall see that Spinoza understood and described perfectly the power of the mind over the power of the affects, as a co-constituting dimension, which is alienating natural dependencies, leaving an inner space for the objectification of ethical values, not related to mere compensation mechanisms. (shrink)

Under Article 74 of the Constitution, for gross violation of the Constitution or breach of oath, or if it transpires that a crime has been committed, the President of the Republic may be removed from office under procedure for impeachment proceedings. In the article the content of the constitutional delict is analysed. The President of the Republic may be brought to constitutional responsibility only for the actions which he committed while in office of the President of the Republic. The President (...) of the Republic may be removed from office not for any violation of the Constitution, but only for gross violation thereof. While implementing the powers established to him in the Constitution and laws, the President of the Republic may not breach the oath. Under Article 74 of the Constitution, the President of the Republic may be removed from office “if it transpires that a crime has been committed” – this provision means that the Constitution provides for the right of the Seimas to remove the President of the Republic from office in the absence of a court judgement recognising that the President of the Republic is guilty of commission of a crime. The Constitution commissions only the Constitutional Court to establish the fact of violation of the Constitution – whether there has been a gross violation of the Constitution and breach of oath by actions of the person. The Seimas may not change or question the conclusion of the Constitutional Court. On the grounds of the conclusion of the Constitutional Court that the actions of the President of the Republic are in conflict with the Constitution, it is only the Seimas that decides whether to remove the President of the Republic from office. The removal of the President of the Republic from office under procedure of impeachment proceedings due to a suspicion that the crime has been committed is not binding upon a court of general jurisdiction which considers the criminal case. (shrink)

Many researchers consider cancer to have molecular causes, namely mutated genes that result in abnormal cell proliferation (e.g. Weinberg 1998). For others, the causes of cancer are to be found not at the molecular level but at the tissue level where carcinogenesis consists of disrupted tissue organization with downward causation effects on cells and cellular components (e.g. Sonnenschein and Soto 2008). In this contribution, I ponder how to make sense of such downward causation claims. Adopting a manipulationist account of causation (...) (Woodward 2003), I propose a formal definition of downward causation and discuss further requirements (in light of Baumgartner 2009). I then show that such an account cannot be mobilized in support of non-reductive physicalism (contrary to Raatikainen 2010). However, I also argue that such downward causation claims might point at particularly interesting dynamic properties of causal relationships that might prove salient in characterizing causal relationships (following Woodward 2010). (shrink)

In this chapter, I describe my “post-diagnosis” experiences as the parent of an autistic child, those years in which I tried, but failed, to make sense of the overwhelming and often nonsensical information I received about autism. I argue that immediately after being given an autism diagnosis, parents are pressured into making what amounts to a life-long commitment to a therapy program that (they are told) will not only dramatically change their child, but their family’s financial situation and even their (...) entire mode of existence. Moreover, despite information overload, many treatment programs for autism rely on empty jargon and make completely unrealistic promises, so parents are left feeling overwhelmed and panicked. Even well respected therapy programs encourage parents to spend liberally. Indeed, autistic therapists, who help construct what I refer to as the Culture of Autism, advise parents to commit to a minimum of 35 to 45 hours of intensive therapy every week. The implications are clear: for a parent who works full-time, their autistic child becomes a second full-time job. Autism is big business right now, and therapists are pushing parents to the brink of desperation. So it is not too surprising that there is a desperate cry for a more permanent solution—which is why researchers seek to cure autism. But there are two ways to conceptualize cure. A Therapeutic Cure model (TC) conceives of a cure as a beneficial treatment for the patient that eliminates or ameliorates the harms of the disease or condition. But the notion of a therapeutic cure for autism is highly implausible, given the complexities of autism. Indeed, at this point, the vast majority of researchers have come to the conclusion that the idea of a therapeutic cure for autism is simply a non-starter. Therefore the bulk of research seeking a cure for autism focuses instead on a second approach, which I refer to as the Negative Eugenics Cure model (NEC). With this model, the intention is to eliminate the disease or condition without regard for the health or well-being of the organism carrying the disease or condition. So, with regard to autism, researchers are focusing on identifying genetic markers for autism that can be detected in utero, or in embryos, so that autistic fetuses can be eliminated and autism eradicated by preventing the existence of autistic individuals. I review both models and argue that both fail to provide convincing arguments that the “solution” either offers is desirable. Both rest on the assumption that autism renders a life not worth living which, all things considered, is false. Instead of pushing to cure autism, an idea pervasive in this Culture of Autism, I contend that autistics are individuals with lives worth living. Moreover, rather than expend millions on research to search for the means to eliminate autism, we should instead expend our resources to ensure autistic individuals have access to support they may need. If the phenomenology of autism were better understood and appreciated, the panicked demand for a cure for autism might abate and perhaps autism could be seen as having value in and of its own right. (shrink)

Mainstream philosophy of science has embraced an “empiricist” approach to scientific method. To be slightly more precise, I venture that most philosophers of science today would endorse the view that experience is the source of most scientific knowledge. The aim of this essay will be to challenge the consensus, by showing how we cannot and should not abandon all elements of the “rationalist” tradition, a tradition often identified with philosophers such as Descartes. There are several elements frequently identified with “rationalist” (...) science (Stump, 2005): questioning of sense experience, the attempt to rethink the “metaphysical” foundations of one’s science, using either thought experiment, or appealing to demonstrative arguments purporting to establish ‘necessary’ truths, often using either mathematics or geometry, and appeal to “virtues” not usually considered “strictly empirical,” such as simplicity. This essay explores the effective deployment of such considerations in the history and current practice of science. (shrink)

The aim of this dissertation is to compare Nietzsche's three transformations of the spirit, as set forth in Thus Spoke Zarathustra, to Confucius's personal experience of self-cultivation in the Analects . For Nietzsche, the first stage, the camel, emphasizes the willingness to be "humble" and wanting to be "well-loaded" in the teachings of the tradition. This is reflected in Confucius's first step in self-cultivation, that is, at the age of fifteen, in which he "sets his heart-mind upon learning." Nietzsche's lion (...) stage corresponds to Confucius's ages of thirty and forty. This is a period of reflective inquiry in which one goes beyond the boundaries of traditional values to evaluate critically what one has learned. Nietzsche's child stage is a new beginning where one is free from the burdens of inherited values and able to "recreate" the world. This is comparable to Confucius's ages of fifty and sixty when he creates the idea of ren and lives accordingly. Nietzsche's child stage is further developed with the formation of the ideas: amor fati and the eternal recurrence of the same. The former is the acceptance and appreciation of one's past whereas the latter is the ability to overcome the world's apparent meaninglessness and to summon the courage to say "yes" to the world and all its foibles. For Confucius, too, there is no other life but living in the world. His junzi is not beaten down by the vagaries of fate. He neither complains nor blames, but lives naturally with tianming. As a disciple of Confucius or Nietzsche, one has to learn from living in the everyday world. (shrink)

This thesis traces the dynamic between labour and learning as it was figured by Scottish writers in the period 1759-1828. Vocational specialization and engagement with a literary field that traversed professional and disciplinary boundaries were the twin imperatives of the Scottish Enlightenment’s modernising credo. But the division of labour was also associated with a narrowing of intellectual and moral capacity thought to be incompatible with the exhortations of politeness and civility. Leisured cultivation offered readers and writers a middle ground in (...) which to negotiate between these contradictory demands. This study explores the way in which this culture of intellectual improvement was claimed by authors and readers involved in manual labour as a counterinfluence to the rigours of work, and as a civilizing prerogative that extended to all social levels. But others registered significant anxiety towards the destabilising effects of excessive delicacy or refinement, and feared that these might be exacerbated by contact with the necessity of bodily labour. I argue that this contributed to a redressing of the content and purpose of popular education that sought to match it to the role of the lower classes within the economic and political order. Particular attention is paid in the following study to authors who either claimed or were ascribed a labouring identity such as Robert Burns and James Hogg, but I also deal with lesser-known writers, and frame their engagement with intellectual improvement through broader eighteenth-century discourses on the division of labour and the theory of mind. In doing so, I discuss a variety of genres and forms, including philosophical and economic treatises, poetry, memoir, biography, the novel, and the literary periodical. (shrink)

The paper discusses the context, substance and likely implications of the European Court of Human Rights’ very recent but, in our view, historic decision in the case of Lautsi v. Italy. The article offers an outline of the case and of the decision’s motivation, a presentation of the responses, and a brief discussion of its relevance to the similar Romanian case. We examine in some detail the objections leveled against the ruling, track the progress of the Court’s relevant jurisprudence on (...) the issue, and suggest some possible consequences. (shrink)

The fascinating Journey of the Renaissance Medicine.

The social and institutional background of this research can be summarized as the relation between public and governmental policies on the one hand, and the experience of patients and IVF experts on the other. Namely, one third of all pregnancies achieved in state-funded in vitro fertilizations obscure some ethical and health issues, especially among patients who abandon the state-funded IVF programme in Serbia. The goal of the current research is to identify, describe and understand ethical and social issues that parents (...) encounter in attempts to fulfil their idea of a sovereign life through IVF. The method comprised a tri-level analysis based on semi-structured interviews with participants who exhibit personal experiences of basic ethical principles and social and health needs within IVF. The results obtained indicate that all three explored levels of patients' experience build a picture of Assisted Reproductive Technology as a means of a sovereign or good life. However, the cultural image of the fulfilment of expected parental social roles resulted in a denial of autonomy and led to self-abnegation through silent acceptance of unethical practices. There is an overlap of the margins of secular ideas and roles on the one hand, and religiosity on the other, making such consent socially acceptable and more easily explainable. Finally, the conclusion reached is that apparently a decrease in sovereignty of parental decisions causes a loss of trust in state clinics and medical procedures, reduces solidarity and establishes norms and patterns of social injustice and inequality. (shrink)

Legal theorists have characterized physical evidence of brain dysfunction as a double-edged sword, wherein the very quality that reduces the defendant’s responsibility for his transgression could simultaneously increase motivations to punish him by virtue of his apparently increased dangerousness. However, empirical evidence of this pattern has been elusive, perhaps owing to a heavy reliance on singular measures that fail to distinguish between plural, often competing internal motivations for punishment. The present study employed a test of the theorized double-edge pattern using (...) a novel approach designed to separate such motivations. We asked a large sample of participants (N = 330) to render criminal sentencing judgments under varying conditions of the defendant’s mental health status (Healthy, Neurobiological Disorder, Psychological Disorder) and the disorder’s treatability (Treatable, Untreatable). As predicted, neurobiological evidence simultaneously elicited shorter prison sentences (i.e., mitigating) and longer terms of involuntary hospitalization (i.e., aggravating) than equivalent psychological evidence. However, these effects were not well explained by motivations to restore treatable defendants to health or to protect society from dangerous persons but instead by deontological motivations pertaining to the defendant’s level of deservingness and possible obligation to provide medical care. This is the first study of its kind to quantitatively demonstrate the paradoxical effect of neuroscientific trial evidence and raises implications for how such evidence is presented and evaluated. (shrink)

The aim of this thesis is to present the fundamental philosophical positions of Early German Romanticism, focusing on the three following writers: J. C. F. Holderlin, Novalis, and F. Schlegel. Chapter 1 begins with an examination of the first-philosophical, or ontological foundations of Romanticism and discusses its appropriation and critique of the work of Fichte, arriving at an elucidation of Romantic ontology as an ontology of differencing and production. The second chapter looks at how epistemology is transformed, in the hands (...) of the Romantics, and due to the attention they paid to language, semiotic theory, and the operations of irony in discourse, into poetology - a theory of knowledge, into a theory of poetic production. In the third chapter a confrontation between the philosophical positions of Romanticism and those of the main currents of German Idealism (Schelling, Hegel) is undertaken; through this confrontation, the essential trait of Romantic thought is arrived at, namely the thought of an incomplete Absolute, as opposed to the absolute as totality in Idealism. The final chapter considers the avenue left open by the notion of the incomplete Absolute, and the Romantics' chief legacy, namely the theory of literature; literature is thus seen as coextensive with philosophy, and analysed under three conceptual categories (the theory of genre, the fragment, criticism) which all betray their provenance from the thought lying at the core of Romanticism: the incomplete Absolute. Finally, in the conclusion a summation of this exposition of romanticism is presented, alongside a brief consideration of the relevance of the Romantic project in contemporary critical/philosophical debates. (shrink)

Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the (...) application of foreign law. However, these outcomes are problematic because parties are denied access to court or have their rights and responsibilities determined pursuant to the incorrect law. This Article offers an exposition of lexical meaning to explain the source of these oppositional trends and to illuminate possible solutions. Legal words and ideas transcend geographic, social, and cultural boundaries. For this reason, the words of another legal system look familiar and, thus, appear knowable to an outsider. Yet autonomous national legal systems tend to tailor the meanings of these shared words for idiosyncratic purposes. Thus, ironically even paradoxically the more commonly a word is used, the less predictable is its meaning. This differentiation of meanings makes actual knowledge of the foreign law difficult to achieve. As a framework for examining this phenomenon, this Article demonstrates that the common meaning of a word is a limited resource. The common meaning of a word erodes when legal systems assign a new meaning to a shared word. Idiosyncratic meanings are useful and generative, but they also introduce an important negative externality because the common meaning of a word is essentially the starting point for measuring the meaning of that word in a foreign system. The more robust the common meaning, the lower the measurement costs. The prototypical solutions to common-pool problems privatization and regulation are infeasible here. Moreover, ubiquitous efforts to unify, approximate, or harmonize laws tend to exacerbate the problem rather than help solve it. We could drop the pretense that we are able to understand foreign law and eliminate the demand for it. Alternatively, if the doctrines are going to presume familiarity with foreign law, we must address the supply side and ensure that courts are, in fact, better able to understand the idiosyncracies of foreign law. (shrink)