Results for 'Judicial Review'

820 found
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  1. Is judicial review undemocratic?Annabelle Lever - 2009 - Perspectives on Politics 7 (4):897-915.
    This paper examines Jeremy Waldron’s ‘core case’ against judicial review. Waldron’s arguments, it shows, exaggerate the importance of voting to our judgements about the legitimacy and democratic credentials of a society and its government. Moreover, Waldron is insufficiently sensitive to the ways that judicial review can provide a legitimate avenue of political activity for those seeking to rectify historic injustice. While judicial review is not necessary for democratic government, the paper concludes that Waldron is (...)
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  2. Balancing Procedures and Outcomes Within Democratic Theory: Corey Values and Judicial Review.Corey Brettschneider - 2005 - Political Studies 53:423-451.
    Democratic theorists often distinguish between two views of democratic procedures. ‘Outcomes theorists’ emphasize the instrumental nature of these procedures and argue that they are only valuable because they tend to produce good outcomes. In contrast, ‘proceduralists’ emphasize the intrinsic value of democratic procedures, for instance, on the grounds that they are fair. In this paper. I argue that we should reject pure versions of these two theories in favor of an understanding of the democratic ideal that recognizes a commitment to (...)
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  3. Judicial Review, Constitutional Juries and Civic Constitutional Fora: Rights, Democracy and Law.Christopher Zurn - 2011 - Theoria: A Journal of Social and Political Theory 58 (127):63-94.
    This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for (...)
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  4. On the Value of Constitutions and Judicial Review.Laura Valentini - 2017 - Criminal Law and Philosophy 11 (4):817-832.
    In his thought-provoking book, Why Law Matters, Alon Harel defends two key claims: one ontological, the other axiological. First, he argues that constitutions and judicial review are necessary constituents of a just society. Second, he suggests that these institutions are not only means to the realization of worthy ends, but also non-instrumentally valuable. I agree with Harel that constitutions and judicial review have more than instrumental value, but I am not persuaded by his arguments in support (...)
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  5. “Ken Livingstone demanded a judicial review in 2017-Do you remember?”.Sally Serena Ramage - 2022 - Criminal Law News 2022 (116 Jan-Mar 2022):2-53.
    This article was born of memories of minority groups' plights in the United Kingdom some decades ago and illustrates how opinions become entrenched in citizens minds mainly due to what they read in the media at the time. Today in the UK we still have much ethnic minority groups suffering plain -/- discrimination at work and in society at large. UK police spent 8 million pounds between years 2000 and 2008 doing footwork to relieve this injustice. Nothing came of it (...)
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  6. Philosophical Foundations of Judicial Review.Cristina Lafont - 2016 - In David Dyzenhaus & Malcolm Thorburn (eds.), Philosophical Foundations of Constitutional Law. Oxford, United Kingdom: Oxford University Press UK. pp. 265-282.
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  7. Strategies of judicial review. Exercising judicial discretion in administrative cases involving business entities.Marcin Matczak & Denis Galligan - 2005 - E&Y Better Government Programme.
    This report presents the results of a research project which examined how Polish administrative courts exercise discretionary powers when deciding cases related to business activity. When a business enterprise asks the court to review actions taken by administration, judges decide whether an administrative body has used its powers in accordance with the law. The law in this case includes both the relevant statutory regulations but also more general principles originating from other sources, such as the Constitution or European Union (...)
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  8. Judicial Democracy.Robert C. Hughes - 2019 - Loyola University Chicago Law Journal 51:19-64.
    Many scholars believe that it is procedurally undemocratic for the judiciary to have an active role in shaping the law. These scholars believe either that such practices as judicial review and creative statutory interpretation are unjustified, or that they are justified only because they improve the law substantively. This Article argues instead that the judiciary can play an important procedurally democratic role in the development of the law. Majority rule by legislatures is not the only defining feature of (...)
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  9. Judicial Activism in the World Trade Organization: A Conundrum and Selective Approach.Kiyoung Kim - 2020 - Beijing Law Review 11 (4):827-855.
    With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature (...)
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  10. Deliberative Democracy and Constitutional Review.Christopher F. Zurn - 2002 - Law and Philosophy 21 (4/5):467 - 542.
    Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different (...)
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  11. Escepticismo ante las reglas y pedigree democrático de la dificultad contramayoritaria.Sebastián Reyes Molina - 2021 - DOXA 1 (44):219-232.
    The counter majoritarian difficulty is one of the main objections against the judicial review. In this paper, this objection is analyzed from the standpoint of the norm formulation/norm distinction. By stressing the distinc- tion between norm formulations and norms, I claim that when judicial review prevents the application of a norm to an individual case the counter majoritarian difficulty objection does not hold.
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  12. The Debate on Constitutional Courts and Their Authority between Legal and Political Constitutionalism.Valerio Fabbrizi - 2016 - Philosophica Critica 2 (2):47-70.
    The paper is focused on the criticisms that theorists of political constitutionalism raise against legal constitutionalism, especially with regard to the idea of representation and political sovereignty. At the same time, the intention is to reconstruct the debate between legal and political constitutionalism in contemporary liberalism, starting from the so-called counter-majoritarian difficulty. This debate concerns two different approaches: the political one rejects the idea of judicial review by the Supreme Court because it may establish a possible rule of (...)
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  13. Constitutional Interpretation and Public Reason: Seductive Disanalogies.Christopher F. Zurn - 2020 - In Silje Langvatn, Wojciech Sadurski & Mattias Kumm (eds.), Public Reason and Courts. Cambridge University Press. pp. 323-349.
    Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...)
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  14. What is Justiciability?Damian Williams - forthcoming - Forthcoming.
    Justiciability sets the boundaries of judicial review and the rule of law. A justiciable issue is that which is appropriate within a judicial forum. That is, where an "independent and impartial body" can remedy rights violations of identifiable claimants, the issue before it is justiciable. If it falls beyond what is judicially determinable, it is 'non-justiciable'. The principle is not fixed, as it does not permanently set the boundaries of that which is appropriate for judicial determination. (...)
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  15. Republicanism and Markets.Robert S. Taylor - 2019 - In Yiftah Elazar & Geneviève Rousselière (eds.), Republicanism and the Future of Democracy. New York, NY: Cambridge University Press. pp. 207-223.
    The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...)
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  16. democratic equality and freedom of religion.Annabelle Lever - 2016 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 6 (1):55-65.
    According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I believe, (...)
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  17. The Twilight of Legality.John Gardner - 2019 - Australasian Journal of Legal Philosophy 43 (1):1-16.
    This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...)
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  18. On the Fundamentals of Law and Public Policy.Kiyoung Kim - 2015 - SSRN.
    We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...)
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  19. Between “Research” and “Innovative Therapy”: An Unsettled Moral Dilemma in the Muizelaar Case.Norman Swazo - manuscript
    Introduction In 2013, Dr. J. Muizelaar and Dr. R. Schrot, two neurosurgeons at the University of California Davis Medical Center (UCDMC), were found guilty of research misconduct due to failure to comply with institutional policies as well as Food and Drug Administration (FDA) regulations governing human subjects research. At issue here, however, is the difference between research and innovative therapy in the clinical setting of patient care where clinical judgment is reasonably to be privileged. Methods The UCDMC investigative document is (...)
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  20. Surrounding the Hole in the Doughnut: Discretion and Deference in U.S. Immigration Law.Daniel Kanstroom - 1997 - Tulane Law Review 71:703-818.
    Among the many problems facing u.s. immigration law is a crisis of discretion and judicial deference. Through two recently passed laws, the United States Congress and the President have seriously limited judicial review o f discretionary immigration decisions o f the Board ofImmigration Appeals. This Article focuses on this preclusion of judicial review of discretionary agency decisions. The Article begins with an examination ofdiscretion from a theoretical perspective, and goes on to examine areas o f (...)
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  21. Neither a State of Nature nor a State of Exception.José Jorge Mendoza - 2011 - Radical Philosophy Review 14 (2):187-195.
    Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine (...)
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  22. The bureaucratization of war: moral challenges exemplified by the covert lethal drone.Richard Adams & Chris Barrie - 2013 - Ethics and Global Politics 6 (4):245-260.
    This article interrogates the bureaucratization of war, incarnate in the covert lethal drone. Bureaucracies are criticized typically for their complexity, inefficiency, and inflexibility. This article is concerned with their moral indifference. It explores killing, which is so highly administered, so morally remote, and of such scale, that we acknowledge a covert lethal program. This is a bureaucratized program of assassination in contravention of critical human rights. In this article, this program is seen to compromise the advance of global justice. Moreover, (...)
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  23. Democratic Constitutional Change: Assessing Institutional Possibilities.Christopher Zurn - 2016 - In Thomas Bustamante and Bernardo Gonçalves Fernandes (ed.), Democratizing Constitutional Law: Perspectives on Legal Theory and the Legitimacy of Constitutionalism. pp. 185-212.
    This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...)
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  24.  94
    Major Questions Doctrine: Real of Fantasy?Vincent Samar - 2024 - Capital University Law Review 52 (1):1-40.
    In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I (...)
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  25. Les contraintes juridiques de la hiérarchie des normes.Raphaël Paour - forthcoming - Revus 21:201-218.
    Existe-il une corrélation entre le pouvoir d’un organe et le rang hiérarchique de ses normes ? La théorie réaliste de l’interprétation pourrait sembler indiquer le contraire. En effet, si, comme elle l’enseigne, c’est l’interprète d’un énoncé qui en détermine la signification, les agents de l’administration qui mettent en œuvre les politiques publiques devraient exercer un pouvoir plus important que le législateur qui les élabore. L’auteur de l’article soutient toutefois qu’une semblable conclusion serait erronée car les organes qui produisent les énoncés (...)
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  26. ‘Troubling’ Chastisement: A Comparative Historical Analysis of Child Punishment in Ghana and Ireland.Michael Rush & Suleman Lazarus - 2018 - Sociological Research Online 1 (23):177-196.
    This article reviews an epochal change in international thinking about physical punishment of children from being a reasonable method of chastisement to one that is harmful to children and troubling to families. In addition, the article suggests shifts in thinking about physical punishment were originally pioneered as part and parcel of the dismantling of national laws granting fathers’ specific rights to admonish children under conventions of patria potestas. A comparative historical framework of analysis involving two case studies of Ireland and (...)
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  27. Political Control of Independent Administrative Agencies.Lucinda Vandervort - 1979 - Ottawa, ON, Canada: Law Reform Commission of Canada, 190 pages.
    This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation (...)
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  28. La injusticia epistémica en el proceso penal.Andrés Páez & Janaina Matida - 2023 - Milan Law Review 4 (2):114-136.
    Cada día es más evidente que existen muchas formas sutiles de exclusión y parcialidad que afectan el correcto funcionamiento de los sistemas jurídicos. El concepto de injusticia epistémica, introducido por la filósofa Miranda Fricker, ofrece una herramienta conceptual útil para comprender estas formas de exclusión y parcialidad judicial que a menudo pasan desapercibidas. En este artículo presentamos la teoría original de Fricker y algunas de las aplicaciones del concepto de injusticia epistémica en los procesos jurídicos. En particular, queremos demostrar (...)
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  29. Problem aktywizmu i prawotwórstwa sędziowskiego w świetle współczesnych teorii interpretacji.Michał Wieczorkowski - 2018 - Warsaw University Law Review 17 (2):169-200.
    It causes many difficulties for jurisprudence to define the notion of judicial activism. At the very beginning it had rather a journalistic character, but but over time it has become a serious charge against these judges who act on the basis of their vision of what the law ought to be like rather than what it actually is like. On the ground of the polish legal theory the echoes of the dispute about judicial activism are reflected in the (...)
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  30. Assessing Randomness in Case Assignment: The Case Study of the Brazilian Supreme Court.Julio Michael Stern, Diego Marcondes & Claudia Peixoto - 2019 - Law, Probability and Risk 18 (2/3):97-114.
    Sortition, i.e. random appointment for public duty, has been employed by societies throughout the years as a firewall designated to prevent illegitimate interference between parties in a legal case and agents of the legal system. In judicial systems of modern western countries, random procedures are mainly employed to select the jury, the court and/or the judge in charge of judging a legal case. Therefore, these random procedures play an important role in the course of a case, and should comply (...)
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  31. "One Day in the Life of David Hicks". [REVIEW]D. N. Byrne - 2015 - Drawing Board 2015.
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  32. The Burqa Ban: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations.Ryan Long, Erik Baldwin, Anja Matwijkiw, Bronik Matwijkiw, Anna Oriolo & Willie Mack - 2018 - International Studies Journal 15 (1):157-206.
    As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...)
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  33. The Best and the Rest: Idealistic Thinking in a Non-Ideal World.David Wiens - manuscript
    Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...)
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  34. Locke's State of Nature.Chris Lazarski - 2013 - In Janusz Grygiensl (ed.), Human Rights and Politics. Erida.
    Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way (...)
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  35. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...)
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  36. The Reach of Amnesty for Political Crimes: Which Extra-Legal Burdens on the Guilty does National Reconciliation Permit?Thaddeus Metz - 2011 - Constitutional Court Review 3:243-270.
    Suppose that it can be right to grant amnesty from criminal and civil liability to those guilty of political crimes in exchange for full disclosure about them. There remains this important question to ask about the proper form that amnesty should take: Which additional burdens, if any, should the state lift from wrongdoers in the wake of according them freedom from judicial liability? I answer this question in the context of a recent South African Constitutional Court case that considered (...)
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  37. Legal Formalism, Legal Realism, and the Interpretation of Statutes and the Constitution.Richard Posner - 1986 - Case Western Reserve Law Review 37 (2):179–217.
    A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...)
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  38. The Utilitarian Theory of Equality Before the Law.William E. Conklin - 1976 - Ottawa Law Review 8 (3):485-517.
    This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies the reasonable (...)
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  39. Crushing Animals and Crashing Funerals: The Semiotics of Free Expression.Harold Anthony Lloyd - 2012 - First Amendment Law Review 12.
    With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains (...)
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  40. The Prejudicial Effects of 'Reasonable Steps' in Analysis of Mens Rea and Sexual Consent: Two Solutions.Lucinda Vandervort - 2018 - Alberta Law Review 55 (4):933-970.
    This article examines the operation of “reasonable steps” as a statutory standard for analysis of the availability of the defence of belief in consent in sexual assault cases and concludes that application of section 273.2(b) of the Criminal Code, as presently worded, often undermines the legal validity and correctness of decisions about whether the accused acted with mens rea, a guilty, blameworthy state of mind. When the conduct of an accused who is alleged to have made a mistake about whether (...)
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  41. Frederick’s “Greatness”.Cody Franchetti - 2013 - International Review of Social Sciences and Humanities 5 (2):159-167.
    This essay attempts to identify the various qualities that made Frederick II of Prussia’s just appellation ‘the Great’. Frederick employed a completely new type of rule, which was not only unique in the eighteenth century but also prefigured modern governance in many respects. Frederick personified the "raison d’etat" and came to exemplify the rational use of state power for the creation of a completely new standard of judicious kingship. As a visionary ruler of his day, Frederick foreshadowed modern principles of (...)
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  42. Argument and the "Moral Impact" Theory of Law.Alani Golanski - 2019 - Washington University Jurisprudence Review 11:293-343.
    The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable (...)
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  43. Sexual Consent as Voluntary Agreement: Tales of “Seduction” or Questions of Law?Lucinda Vandervort - 2013 - New Criminal Law Review 16 (1):143-201.
    This article proposes a rigorous method to “map” the law on to the facts in the legal analysis of “sexual consent” using a series of mandatory questions of law designed to eliminate the legal errors often made by decision-makers who routinely rely on personal beliefs about and attitudes towards “normal sexual behavior” in screening and deciding cases. In Canada, sexual consent is affirmative consent, the communication by words or conduct of “voluntary agreement” to a specific sexual activity, with a specific (...)
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  44. The Court, FCC and Internet Policy: Partly with.Kiyoung Kim - 2017 - Beijing Law Review 8:373-396.
    The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research (...)
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  45.  15
    Inclusive Legal Positivism and the Fallibility of Officials.Kenneth M. Ehrenberg - 2024 - In Thomas Bustamante, Saulo de Matos & André L. S. Coelho (eds.), Law, Morality and Judicial Reasoning: Essays on W.J. Waluchow's Jurisprudence and Constitutional Theory. Cham, Switzerland: Springer. pp. 23-40.
    Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...)
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  46. Review: Paul Katsafanas, Agency and the Foundations of Ethics: Nietzschean Constitutivism. [REVIEW]Review by: Luca Ferrero - 2015 - Ethics 125 (3):883-888,.
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  47. David Davies, art as performance.Reviews by Robert Stecker & John Dilworth - 2005 - Journal of Aesthetics and Art Criticism 63 (1):75–80.
    In his absorbing book Art as Performance, David Davies argues that artworks should be identified, not with artistic products such as paintings or novels, but instead with the artistic actions or processes that produced such items. Such a view had an earlier incarnation in Currie’s widely criticized “action type hypothesis”, but Davies argues that it is instead action tokens rather than types with which artworks should be identified. This rich and complex work repays the closest study in spite of some (...)
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  48. John Searle's the construction of social reality.Review Author[S.]: David-Hillel Ruben - 1997 - Philosophy and Phenomenological Research 57 (2):443-447.
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  49. (1 other version)Open data, open review and open dialogue in making social sciences plausible.Quan-Hoang Vuong - 2017 - Nature: Scientific Data Updates 2017.
    Nowadays, protecting trust in social sciences also means engaging in open community dialogue, which helps to safeguard robustness and improve efficiency of research methods. The combination of open data, open review and open dialogue may sound simple but implementation in the real world will not be straightforward. However, in view of Begley and Ellis’s (2012) statement that, “the scientific process demands the highest standards of quality, ethics and rigour,” they are worth implementing. More importantly, they are feasible to work (...)
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  50. (1 other version)A Critical Review of the Mainstream Reading of Kripke’s Wittgenstein: On Misunderstanding Kripke’s Wittgenstein (In Persian).Ali Hossein Khani - forthcoming - Journal of Philosophical Investigations at University of Tabriz.
    In this paper, I will argue against certain criticisms of Kripke’s Wittgenstein’s sceptical argument and sceptical solution, made especially by Baker and Hacker, McGinn, and McDowell. I will show that their interpretation of Kripke’s Wittgenstein’s view is misplaced. According to Kripke’s Wittgenstein’s sceptical argument, there is no fact as to what someone means by her words. For Kripke, this conclusion, combined with Classical Realist view of meaning, leads to the Wittgensteinian paradox, according to which there is no such thing as (...)
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