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On Human Conduct

Clarendon Press (1991)

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  1. Why Collingwood Matters: A Defence of Humanistic Understanding.Giuseppina D'Oro - 2023 - New York: Bloomsbury.
    R.G. Collingwood (1889-1943) was an English philosopher, historian and practicing archaeologist. His work, particularly in the philosophy of action and history, has been profoundly influential in the 20th and 21st century. Although the importance of his work is indisputable, this is the first book to consider how and why it actually matters. Giussepina D'oro considers the importance of Collingwood as a thinker who thinks kaleidoscopically and, unlike lots of contemporary philosophers, refuses to focus on narrow, technical interests but instead, observes (...)
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  • The problem of rule-following in Michael Oakeshott.Juan Antonio González de Requena Farré - 2021 - Revista de Humanidades de Valparaíso 17:289-310.
    The role of rules in our normative practices constitutes a relevant philosophical problema, mainly associated with Wittgenstein’s philosophy, but to which Michael Oakeshott has also attempted to answer. Not surprisingly, some scholars have found parallels between their conceptions of human practices and rule-following. Through an exegesis of the notion and uses of the rule in Oakeshott's works, this article aims to clarify the link between rule-following and normative authorization. In this way, it will be possible to to decide the originality (...)
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  • (1 other version)An Agonistic Approach to Technological Conflict.Eugen Octav Popa, Vincent Blok & Renate Wesselink - 2020 - Philosophy and Technology 34 (4):717-737.
    Traditional approaches to conflict are oriented towards establishing consensus, either in the form of a resolution of the conflict or in the form of an ‘agree-to-disagree’ standstill between the stakeholders. In this paper, we criticize these traditional approaches, each for specific reasons, and we propose and develop the agonistic approach to conflict. Based on Chantal Mouffe’s agonistic democratic theory, the agonistic approach to conflict is more welcoming of dissensus, replacing discussion stoppers with discussion starters and replacing standstills with contestation. We (...)
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  • The contradictions of digital modernity.Kieron O’Hara - 2020 - AI and Society 35 (1):197-208.
    This paper explores the concept of digital modernity, the extension of narratives of modernity with the special affordances of digital networked technology. Digital modernity produces a new narrative which can be taken in many ways: to be descriptive of reality; a teleological account of an inexorable process; or a normative account of an ideal sociotechnical state. However, it is understood that narratives of digital modernity help shape reality via commercial and political decision-makers, and examples are given from the politics and (...)
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  • Special issue of Cosmos + Taxis: Oakeshott.Leslie Marsh - 2014 - Cosmos + Taxis 1 (3).
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  • Three Approaches to Doing Philosophy: a Proposal for Grouping Philosophical Exercises in Classroom Teaching.Natascha Kienstra, Machiel Karskens & Jeroen Imants - 2014 - Metaphilosophy 45 (2):288-318.
    Classroom teaching has two aims: learning philosophy, that is, the great philosophers, and doing philosophy. This article provides an overview of thirty exercises that can be used for doing philosophy, grouped into three approaches. The first approach, doing philosophy as connective truth finding or communicative action, is related to such philosophers as Dewey and Arendt, and is illustrated by the Socratic method. The second, doing philosophy as test-based truth finding, is related to such philosophers as Popper, and is illustrated by (...)
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  • (1 other version)The Orders of Nature.Lawrence Cahoone - 2013 - State University of New York Press.
    A systematic theory of naturalism, bridging metaphysics and the science of complexity and emergence.
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  • (1 other version)Critical republicanism: J|[uuml]|rgen Habermas and Chantal Mouffe.Gulshan Khan - 2013 - Contemporary Political Theory 12 (4):318.
    Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...)
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  • Liberty versus libertarianism.Gene Callahan - 2013 - Politics, Philosophy and Economics 12 (1):48-67.
    This paper aims to persuade its reader that libertarianism, at least in several of its varieties, is a species of the genus Michael Oakeshott referred to as ‘rationalism in politics’. I hope to demonstrate, employing the work of Oakeshott, as well as Aristotle and Onora O’Neill, how many libertarian theorists, who generally have a sincere and admirable commitment to personal liberty, have been led astray by the rationalist promise that we might be able to approach deductive certainty concerning the 'correctness' (...)
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  • A Reappraisal of Friedrich A. Hayek's Cultural Evolutionism: Martin De Vlieghere.Martin de Vlieghere - 1994 - Economics and Philosophy 10 (2):285-304.
    In spite of the important discoveries made by Adam Smith and later by the economists of the Austrian School, Friedrich Hayek remained intellectually challenged by the miracle of the price mechanism. As it turned out there was still some pioneering to do in describing the price mechanism. This became clear when Hayek identified the dispersal of information relevant to exchange transactions as the central issue of economic study. In the context of his distinction between competition as a state of things (...)
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  • (1 other version)Work and human flourishing.Geoffrey Hinchliffe - 2004 - Educational Philosophy and Theory 36 (5):535–547.
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  • Possible worlds and ideology.Constant Thomas - 2017 - Dissertation, Cardiff University
    The broad aim of this thesis is to explore fruitful connections between ideology theory and the philosophy of possible worlds. Ideologies are full of modal concepts, such as possibility, potential, necessity, essence, contingency and accident. Typically, PWs are articulated for the analysis and illumination of modal concepts. That naturally suggests a method for theorising ideological modality, utilising PW theory. The specific conclusions of the thesis proffer a number of original contributions to knowledge: 1) PWs should only be used for explication (...)
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  • Practising Philosophy, the Practice of Education: Exploring the Essay Form through Lukács’ Soul and Form.Duck-Joo Kwak - 2010 - Journal of Philosophy of Education 44 (1):61-77.
    This paper attempts to explore a pedagogical form of writing in which students are allowed to have more room to converse with themselves, such that their own being is reflected in their work. The attempt is made as a response to the poverty of educationally orientated assessment methods for students' academic performance in the predominant evidence-based assessment culture of schooling today. Taking Lukács' Soul and Form as a good source for this exploration, especially his commitment to essay form as a (...)
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  • Considérations critiques sur la Constitution et les droits dans la culture juridique italienne contemporaine.Agostino Carrino - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (4):805-822.
    In the following paper is put in question the present-day dominant Italian ideology of the so called ‘new constitutionalism’, which considers human rights as an open-texture catalogue of claims which only the Constitutional Courts are entitled to interpret and implement. This ideology is considered as a tool for overcoming the traditional liberal rule of law in favor a of more and more developed rule of the courts.
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  • Constitutional patriotism.Ingram Attracta - 1996 - Philosophy and Social Criticism 22 (6):1-18.
    In this paper, I want to look at some questions that arise when we try to abandon the conceptual and political framework of the nation-state. Is it impossible to conceive the unity of the state apart from the unity of the nation? Are shared political values insufficient to account for the existence of bounded states and special duties to one's own country? In the first section I will discuss the view that the idea of the modern state is incoherent and (...)
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  • (1 other version)Stuttering Conviction: Commitment and Hesitation in William James|[rsquo]| Oration to Robert Gould Shaw.Alexander Livingston - 2013 - Contemporary Political Theory 12 (4):255.
    This article reconstructs a pragmatist conception of political conviction from the works of William James. Pragmatism is often criticized for failing to account for the force of moral convictions to motivate risky and confrontational political action. This article argues that such criticisms presume a conception of conviction as an experience of moral command that pragmatism rejects. In its place, pragmatism portrays the experience of conviction as acting on faith. Drawing on Gilles Deleuze’s notion of the stutter, I argue that this (...)
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  • (1 other version)Vision and Elusiveness in Philosophy of Education: R. S. Peters on the Legacy of Michael Oakeshott.Kevin Williams - 2009 - Journal of Philosophy of Education 43 (supplement s1):223-240.
    Despite his elusiveness on important issues, there is much in Michael Oakeshott's educational vision that Richard Peters quite rightly wishes to endorse. The main aim of this essay is, however, to consider Peters' justifiable critique of three features of Oakeshott's work. These are (1) the rigidity of his distinction between vocational and university education, (2) the lack of clarity and accuracy in his philosophy of teaching and learning, especially the under-conceptualisation of the role of example in teaching, (3) the over-emphasis (...)
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  • Hobbes and the purely artificial person of the state.Q. Skinner - 1999 - Journal of Political Philosophy 7 (1):1–29.
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  • The question of method in ethics consultation.George J. Agich - 2001 - American Journal of Bioethics 1 (4):31 – 41.
    This paper offers an exposition of what the question of method in ethics consultation involves under two conditions: when ethics consultation is regarded as a practice and when the question of method is treated systematically. It discusses the concept of the practice and the importance of rules in constituting the actions, cognition, and perceptions of practitioners. The main body of the paper focuses on three elements of the question of method: canon, discipline, and history, which are treated heuristically to outline (...)
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  • Doing philosophy effectively: student learning in classroom teaching.N. H. H. Kienstra, J. E. Imants, M. Kraskens & P. van der Heijden - unknown
    An important aim of teaching philosophy in Dutch secondary schools is to learn about philosophy by doing philosophy. We examined doing philosophy and focused specifically on the relationship between student learning activities and teacher behavior; in doing so, a qualitative cross-case analysis of eight philosophy lessons was performed. The effectiveness of doing philosophy was operationalized into five learning activities comprising rationalizing, analyzing, testing, producing criticism, and reflecting, and scored by means of qualitative graphical time registration. Using CA we find a (...)
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  • Oakeshott on Practice, Normative Thought and Political Philosophy.Davide Orsi - 2015 - British Journal for the History of Philosophy 23 (3):545-568.
    This paper examines Michael Oakeshott's ideas on the relation between political philosophy and normative thought. To this end, some of the most controversial concepts of his thought are considered in the context of the philosophical debates that developed after the success of analytic philosophy and, in particular, of Ayer's Language, Truth, and Logic. First, the paper argues that, in contrast to analytic and ordinary language thinkers, Oakeshott defends the legitimacy and the rationality of normative thinking. To this end, the importance (...)
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  • Oakeshott on the Authority of Law.Richard B. Friedman - 1989 - Ratio Juris 2 (1):27-40.
    The author explains Michael Oakeshott's distinctive theory of law through an explanation of its notion of authority. He explains the view that modern states are ambiguous, consisting partly of civil associations and partly of enterprise associations. Authority is not a function of people's attitudes to those in power, but exists when a government's action is itself accepted as sufficient reason for unconditional obedience. Authority in this sense cannot exist in enterprise association, commitment to which must be contingent on the fulfillment (...)
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  • Law as Convention.Noel B. Reynolds - 1989 - Ratio Juris 2 (1):105-120.
    The widely recognized impasse in legal theory, which requires an account of law as “both a social fact and a framework of reasons for action” has been most interestingly addressed in recent years by writers characterizing law as convention in the sense of a solution to a game theoretical “coordination problem.” As critics have neutralized most of these proposals, the author advances an account of conventionalism, drawing on economic and sociological theory, which he claims makes the bridge between positivist and (...)
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  • Tradition and cognitive science: Oakeshott’s undoing of the Kantian mind.Stephen Turner - 2003 - Philosophy of the Social Sciences 33 (1):53-76.
    In this discussion, the author asks the question if Oakeshott’s famous depiction of a practice might be understood in relation to contemporary cognitive science, in particular connectionism (the contemporary cognitive science approach concerned with the problem of skills and skilled knowing) and in terms of the now conventional view of "normativity" in Anglo-American philosophy. The author suggests that Oakeshott meant to contrast practices to an alternative "Kantian" model of a shared tacit mental frame or set of rules. If cognitive science, (...)
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  • (1 other version)Political education in/as the practice of freedom: A paradoxical defence from the perspective of Michael Oakeshott.Stephen M. Engel - 2007 - Journal of Philosophy of Education 41 (3):325–349.
    Creating education systems that promote democratic sustainability has been the concern of political thinkers as diverse as J. S. Mill, Dewey, Benjamin Barber and Derek Bok. The classic dichotomisation of democratic theory between deliberative democrats and Schumpeterian democrats suggests that education in the service of democracy can be constructive—that is, provide a student with the skills necessary to elect her leaders without changing her nature—or reconstructive—that is, fundamentally and radically reshape the student to produce a citizen whose goals are transformed (...)
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  • (1 other version)Rationalism and a Vygotskian Alternative to Business Ethics Education.David Ohreen - 2013 - Journal of Business Ethics Education 10:231-260.
    Studies have shown ethics education has not systematically improved the moral reasoning of business students and professionals and, therefore, its effectiveness should be seen as deeply questionable. Business ethics education has limited effect, in part, because it rests on rationalistic traditions within normative ethics, business theory, and cognitive psychology. Emphasis is usually placed on student’s rationally thinking about issues as a way of improving their critical analysis and reasoning skills. Yet by focusing primarily on its cognitive dimension, ethics education has (...)
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  • (1 other version)‘The politics of faith and the politics of scepticism’: Michael Oakeshott, education and extremism.Ian Frowe - 2007 - British Journal of Educational Studies 55 (3):264-285.
    This paper considers a distinction between two types of politics developed by Michael Oakeshott in his book The Politics of Faith and the Politics of Scepticism and argues that the theoretical framework proposed supplies an illuminating and productive perspective for examining the notion of political extremism. These positions are linked to two other important aspects of his work, namely his account of 'enterprise' and 'civil' association and his differentiation between abstract philosophical entities and concrete political situations. There is also a (...)
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  • Essaying and Reflective Practice in Education: The Legacy of Michel de Montaigne.David Halpin - 2015 - Journal of Philosophy of Education 49 (1):129-141.
    Although the French Renaissance sceptic Michel de Montaigne is a much-admired thinker among many literary historians and some philosophical ones, his oeuvre hardly features in critical surveys of ideas in education. This is strange given that Montaigne offers modern educators an exemplary form of communicative discourse which anticipates contemporary education theory's emphasis on the importance of reflective practice and learning from experience. While each of these themes is capable of being rendered as repetitious slogans, sound-bites even, Montaigne, through his emphasis (...)
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  • The Four Points of the Compass.James Alexander - 2012 - Philosophy 87 (1):79-107.
    Philosophy has four forms: wonder, faith, doubt and scepticism. These are not separate categories, but separate ideal possibilities. Modern academic philosophy has fallen, for several centuries, into an error: which is the error of supposing that philosophy is only what I call doubt. Philosophy may be doubt: indeed, it is part of my argument that this is undeniably one element of, or one possibility in, philosophy; but doubt is only one of four points of the compass. In this essay I (...)
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  • (1 other version)‘The politics of faith and the politics of scepticism’: Michael Oakeshott, education and extremism.Ian Frowe - 2007 - British Journal of Educational Studies 55 (3):264 - 285.
    This paper considers a distinction between two types of politics developed by Michael Oakeshott in his book The Politics of Faith and the Politics of Scepticism (1996) and argues that the theoretical framework proposed supplies an illuminating and productive perspective for examining the notion of political extremism. These positions are linked to two other important aspects of his work, namely his account of 'enterprise' and 'civil' association and his differentiation between abstract philosophical entities and concrete political situations. There is also (...)
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  • A History of Political Experience. [REVIEW]Leslie Marsh - 2006 - European Journal of Political Theory 5 (4):504-510.
    This book survives superficial but fails deeper scrutiny. A facile, undiscerning criticism of Lectures in the History of Political Thought (LHPT) is that on Oakeshott’s own account these are lectures on a non-subject: ‘I cannot detect anything which could properly correspond to the expression “the history of political thought”’ (p. 32). This is an entirely typical Oakeshottian swipe – elegant and oblique – at the title of the lecture course he inherited from Harold Laski. If title and quotation sit awkwardly (...)
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  • Oakeshott on the character of religious experience: Need there be a conflict between science and religion?Timothy Fuller - 2009 - Zygon 44 (1):153-167.
    Michael Oakeshott reflected on the character of religious experience in various writings throughout his life. In Experience and Its Modes (1933) he analyzed science as a distinctive "mode," or account of experience as a whole, identifying those assumptions necessary for science to achieve its coherent account of experience in contrast to other modes of experience whose quests for coherence depend on different assumptions. Religious experience, he thought, was integral to the practical mode. The latter experiences the world as interminable tension (...)
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  • (1 other version)Competence in the workplace: Rhetorical robbery and curriculum policy.John Halliday - 2004 - Educational Philosophy and Theory 36 (5):579–590.
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  • Time and Timelessness in Constitutional Thought.Thomas Poole - 2020 - Res Publica 27 (2):255-270.
    This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this moral community is also a jural community. The paper engages with Bernard Williams’s thought with a view to resolving the tension between two conceptions of the constitution that differ in their account (...)
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  • The structure of a metaphysical interpretation of science of history.Yunlong Guo - 2018 - Dissertation, Cardiff University
    The aim of this research is to reconstruct a metaphysical interpretation of the philosophy of history with regard to the spirit of historical thinking. The spirit of historical thinking is to emphasize the relation between what happened in the past and historical thinking about the past in the present. However, current philosophies of history, which are largely epistemologically oriented, have not adequately explored this relation. In order to investigate the relation between past and present, I refer to an Aristotelian philosophy (...)
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  • Communitas: belonging and the order of being.James Greenaway - 2018 - International Journal of Philosophy and Theology 79 (1-2):194-212.
    Human existence is intrinsically community-oriented. Persons find themselves as responsible in community. This is a classical and Christian insight that is supported by significant contemporary philosophers such as Gabriel Marcel and Emmanuel Levinas. This article makes the claim that to thrive as a person is to belong; indeed, that it is the experience of belonging that satisfies the human need for meaning, value, and purpose. The article proceeds by considering the term ‘community.’ In itself, ‘community’ is a common sense term. (...)
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  • Oakeshott on Science as a Mode of Experience.Byron Kaldis - 2009 - Zygon 44 (1):169-196.
    Abstract.I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...)
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  • The Beauty of Sport.Andrew Edgar - 2013 - Sport, Ethics and Philosophy 7 (1):100 - 120.
    (2013). The Beauty of Sport. Sport, Ethics and Philosophy: Vol. 7, Sport and Art: An Essay in the Hermeneutics of Sport, pp. 100-120. doi: 10.1080/17511321.2013.761886.
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  • Religion and the mode of practice in Michael Oakeshott.Elizabeth Corey - 2009 - Zygon 44 (1):139-151.
    Michael Oakeshott's religious view of the world stands behind much of his political and philosophical writing. In this essay I first discuss Oakeshott's view of religion and the mode of practice in his own terms. I attempt next to illuminate his idea of religion by describing it in less technical language, drawing upon other thinkers such as Georg Simmel and George Santayana, who share similar views. I then evaluate Oakeshott's view as a whole, considering whether his ideas about religion can (...)
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  • Assessing virtue: measurement in moral education at home and abroad.Hanan A. Alexander - 2016 - Ethics and Education 11 (3):310-325.
    How should we assess programs dedicated to education in virtue? One influential answer draws on quantitative research designs. By measuring the inputs and processes that produce the highest levels of virtue among participants according to some reasonable criterion, in this view, we can determine which programs engender the most desired results. Although many outcomes of character education can undoubtedly be assessed in this way, taken on its own, this approach may support favorable judgments about programs that indoctrinate rather than educate, (...)
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  • Plural Views, Common Purpose: On How to Address Moral Failure by International Political Organisations.Lynn Dobson - 2008 - Journal of International Political Theory 4 (1):34-54.
    International organisations are actors capable of bearing moral responsibilities and ought to be accountable for their failures in doing so. However, we should understand these responsibilities and respond to their failures in the light of fuller considerations about morality and the common good. The article argues that the international community should ensure victims are attended to, but also that defaulting institutions may themselves need rehabilitation for different kinds of international common purposes to be achievable. Further, the ways in which both (...)
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  • Re-imagining Leviathan: Schmitt and Oakeshott on Hobbes and the problem of political order.Jan-Werner Müller - 2010 - Critical Review of International Social and Political Philosophy 13 (2-3):317-336.
    Both Michael Oakeshott and Carl Schmitt were deeply preoccupied with what Oakeshott called ‘the experience of living in a modern European state’; both felt that the state's proper origins and trajectory had not been grasped, that proper statehood had profoundly been put into doubt in the twentieth century, and that state authority and legitimacy needed to be shored up in an age of ‘mass politics’. Not surprisingly, then, both developed their conception of political association with and sometimes against Hobbes. Both (...)
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  • Oakeshott on science as a mode of experience.ron Kaldis - 2009 - Zygon 44 (1):169-196.
    I offer a critical exposition and reconstruction of Michael Oakeshott's views on natural science. The principal aim is to enrich Oakeshott's modal schema by throwing light on it in terms of its internal consistency and by bringing to bear on it recent developments in philosophy in general and the philosophy of science in particular. The discussion brings out the special place reserved for philosophy, the crucial tenet of the separateness of these modes seen as Leibnizian monads as well as the (...)
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  • The two towers of Babel in the thought of Michael Oakeshott.Juan Antonio González de Requena Farré - 2021 - Veritas – Revista de Filosofia da Pucrs 48:9-33.
    Resumen En el pensamiento contemporáneo, el relato de Babel ha suscitado alegatos teológicos contra los proyectos titánicos del racionalismo moderno y exégesis poéticas en defensa de la diseminación idiomática. Los dos ensayos de Michael Oakeshott titulados “La Torre de Babel” permiten reconocer las principales inquietudes intelectuales del autor y los diferentes dilemas teóricos en la comprensión del Estado europeo moderno. No solo escenifican el aspecto ruinoso del racionalismo moral y el utopismo político, sino también los riesgos de la política de (...)
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  • Silly citizenship.John Hartley - 2010 - Critical Discourse Studies 7 (4):233-248.
    This paper traces historical changes in the concept of citizenship, in order to show how it has shifted from a state enterprise to a form of self-organising, user-created, ludic association, modelled by online social networks in which children – formally non-citizens but crucial to the continuing and changing discursive practices of citizenship-formation – are active agents. The implications of ‘silly’ citizenship for communication scholarship are considered.
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  • Civil association across borders: Law, morality and responsibility in the post-Brexit Era.Ronnie Hjorth - 2018 - Journal of International Political Theory 14 (3):299-313.
    Michael Oakeshott’s distinction between ‘civil association’ and ‘enterprise association’ has inspired international society theorists to conceive of international society as not just a ‘purposive association’ constructed by states to satisfy their interests but also as a ‘practical association’ providing formal and pragmatic rules that are not instrumental to particular goals of state policy. While this article is supportive of the Oakeshottian turn in international society theory, it suggests that somewhat different conclusions can be drawn from it. The article sketches out (...)
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  • What is critical about critical pedagogy? Conflicting conceptions of criticism in the curriculum.Hanan A. Alexander - 2018 - Educational Philosophy and Theory 50 (10):903-916.
    In this paper, I explore the problems of cultivating a critical attitude in pedagogy given problems with accounts grounded in critical social theory, rational liberalism and pragmatic esthetic theory. I offer instead an alternative account of criticism for education in open, pluralistic, liberal, democratic societies called 'pedagogy of difference' that is grounded in the diversity liberalism of Isaiah Berlin and the dialogical philosophy of Martin Buber. In our current condition in which there is no agreement as to the proper criteria (...)
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  • (1 other version)Instrumentalism, Civil Association and the Ethics of Health Care: Understanding the “Politics of Faith”. [REVIEW]Peter R. Sedgwick - 2013 - Health Care Analysis 21 (3):208-223.
    This paper offers critical reflection on the contemporary tendency to approach health care in instrumentalist terms. Instrumentalism is means-ends rationality. In contemporary society, the instrumentalist attitude is exemplified by the relationship between individual consumer and a provider of goods and services. The problematic nature of this attitude is illustrated by Michael Oakeshott’s conceptions of enterprise association and civil association. Enterprise association is instrumental; civil association is association in terms of an ethically delineated realm of practices. The latter offers a richer (...)
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  • Quakes of Development.Michael Cowen - 2000 - Historical Materialism 6 (1):149-214.
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  • Institutionalism Old and New.Massimo la Torre - 1993 - Ratio Juris 6 (2):190-201.
    The author deals with the legal theoretical approach that has been labelled “legal institutionalism.” An old and a new version of this approach are singled out: The old one is identified with the theory defended by the Italian public lawyer Santi Romano in the first half of this century; the second one is seen in the recent work by Ota Weinberger and Neil MacCormick. After a short presentation of Romano's work, his ideas and the development proposed by MacCormick and Weinberger (...)
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