17 found
Order:
Disambiguations
William Conklin [13]William E. Conklin [4]
See also
William Conklin
University of Windsor
  1.  48
    A Phenomenological Theory of the Human Rights of an Alien.William E. Conklin - 2006 - Ethical Perspectives 13 (3):411-467.
    International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  2.  43
    Lon Fuller’s Phenomenology of Language.William E. Conklin - 2006 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 19 (2):93-125.
    This essay retrieves Lon Fuller's theory of language and the role of experience in such a theory. The essay distinguishes meaning from signification. A sign signifies or represents an object. Meaning is experienced before one ever signifies an object. Signification is cognitive. Meaning is bodily. Fuller locates meaning in what Hart excluded from legality as "pre-legal." In the pre-legal realm, meant ob­jects draw from memories and expectations. The memories may have been personally or collectively experienced. The analysis of rules takes (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  3.  75
    Notes . Discussion . Book Reviews Hans Kelsen on Norm and Language.William E. Conklin - 2006 - Ratio Juris 19 (1):101-126.
    This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  4. Derrida's Kafka and the Imagined Boundary of Legal Knowledge.William Conklin - 2016 - Law, Culture and the Humanities 12 (1):1-27.
    This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...)
    Download  
     
    Export citation  
     
    Bookmark  
  5. Invisible Author of Legal Authority.William E. Conklin - 1996 - Law and Critique 7 (2):173-192.
    The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...)
    Download  
     
    Export citation  
     
    Bookmark  
  6. Statelessness and Bernhard Waldenfels' Phenomenology of the Alien.William Conklin - 2007 - Journal of the British Society for Phenomenology 38 (3):280-296.
    This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  7. Human Rights and the Forgotten Acts of Meaning in the Social Conventions of Conceptual Jurisprudence.William Conklin - 2014 - Metodo. International Studies in Phenomenology and Philosophy 2 (1):169-199.
    This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...)
    Download  
     
    Export citation  
     
    Bookmark  
  8. Husserl, the Differend and Kafka's 'The Trial'.William Conklin - 1996 - Analecta Husserliana 49:115-125.
    Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal experts (...)
    Download  
     
    Export citation  
     
    Bookmark  
  9.  97
    Legal Modernity and Early Amerindian Laws.William Conklin - 1999 - Sociology of Law, Social Problems and Legal Policy:115-128.
    This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, clashes such a view with (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10.  29
    Legal Time.William Conklin - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):281-322.
    This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11.  63
    Which Takes Precedence: Collective Rights or Culture?William Conklin - 2015 - In Almed Momeni-Rad, Arian Petoft & Alireza Sayadmansom (eds.), Cultural Rights: an Anthology. Tehran, Iran: Iranian Cultural Services Society. pp. 115-152.
    This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12.  52
    Lon Fuller's Legal Structuralism.William Conklin - 2012 - In Bjarne Melkevik (ed.), Standing Tall Hommages a Csaba Varga. Budapest: Pazmany Press. pp. 97-121.
    Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  13.  40
    Whither Justice: The Common Problematic of Five Models of 'Access to Justice'.William Conklin - 2001 - Windsor Yearbook of Access to Justice 19:297-316.
    This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  14.  33
    'Access to Justice' as Access to a Lawyer's Language.William Conklin - 1990 - Windsor Yearbook of Access to Justice 10:454-467.
    This essay claims that ‘access to justice’ has erroneously been assumed to be synonymous with invisible concepts instead of access to a lawyer’s language. The Paper outlines how a language concerns the relation between signifiers, better known as word-images, on the one hand, with signfieds, better known as concepts, on the other. The signifieds are universal, artificial and empty in content. Taking the Canadian Charter of Rights and Freedoms as an example, officials have assumed that Charter knowledge has involved signifieds (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15.  33
    Derrida's Territorial Knowledge of Justice.William Conklin - 2012 - In Ruth Buchanan, Stewart Motha & Sunday Pahuja (eds.), Reading Modern Law: Critical Methodologies and Sovereign Formations. London: Rutledge. pp. 102-129.
    Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...)
    Download  
     
    Export citation  
     
    Bookmark  
  16.  25
    The Political Theory of Mr Justice Holmes.William Conklin - 1978 - Chitty's Law Journal 26 (6):200-211.
    Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper especially examines his (...)
    Download  
     
    Export citation  
     
    Bookmark  
  17.  21
    Clear Cases.William Conklin - 1981 - University of Toronto Law Journal 31:231-248.
    Theorists of the legal process in common law countries have, in recent years, been preoccupied with hard cases. A hard case occurs where a legal rule or legal rules cannot determine a uniquely correct result when applied to given facts. This paper examines what theorists and law practitioners alike have believed to be a very different kind of case: the clear case. Practising lawyers assure us that clear cases occupy a large percentage of their case load. Professional law teachers design (...)
    Download  
     
    Export citation  
     
    Bookmark