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Law as Symbolic Form

Author : Deniz Coskun
Publisher : Springer Science & Business Media
Release : 2007-07-17
Category : Law
ISBN : 9781402062568

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Book Law as Symbolic Form Description/Summary:

This book describes the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force. It synthesizes a vast amount of current Cassirer-literature and makes a contribution to jurisprudence. The book is the first systematic elaboration on law as a symbolic form and it sheds new light on a still dark area of intellectual and jurisprudential thought.

Sovereignty as Symbolic Form

Author : Jens Bartelson
Publisher : Routledge
Release : 2014-05-09
Category : Political Science
ISBN : 9781317685821

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Book Sovereignty as Symbolic Form Description/Summary:

This book is a critical inquiry into sovereignty and argues that the meaning and functions performed by this concept have changed significantly during the past decades, with profound implications for the ontological status of the state and the modus operandi of the international system as a whole. Although we have grown accustomed to regarding sovereignty as a defining characteristic of the modern state and as a constitutive principle of the international system, Sovereignty as Symbolic Form argues that recent changes indicate that sovereignty has been turned into something granted, contingent upon its responsible exercise in accordance with the norms and values of an imagined international community. Hence we need a new understanding of sovereignty in order to clarify the logic of its current usage in theory and practice alike, and its connection to broader concerns of social ontology: what kind of world do we inhabit, and of what kind of entities is this world composed? This book will be of interest to students of International Relations, Critical Security and International Politics.

The Origins of the Philosophy of Symbolic Forms

Author : Donald Phillip Verene
Publisher : Northwestern University Press
Release : 2011-12-30
Category : Philosophy
ISBN : 9780810127784

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Book The Origins of the Philosophy of Symbolic Forms Description/Summary:

The Origins of the Philosophy of Symbolic Forms marks the culmination of Donald Phillip Verene’s work on Ernst Cassirer and heralds a major step forward in the critical work on the twentieth-century philosopher. Verene argues that Cassirer’s philosophy of symbolic forms cannot be understood apart from a dialectic between the Kantian and Hegelian philosophy that lies within it. Verene takes as his departure point that Cassirer never wishes to argue Kant over Hegel. Instead he takes from each what he needs, realizing that philosophical idealism itself did not stop with Kant but developed to Hegel, and that much of what remains problematic in Kantian philosophy finds particular solutions in Hegel’s philosophy. Cassirer never replaces transcendental reflection with dialectical speculation, but he does transfer dialectic from a logic of illusion, that is, the form of thinking beyond experience as Kant conceives it in the Critique of Pure Reason, to a logic of consciousness as Hegel employs it in the Phenomenology of Spirit. Cassirer rejects Kant’s thing-in-itself but he also rejects Hegel’s Absolute as well as Hegel’s conception of Aufhebung. Kant and Hegel remain the two main characters on his stage, but they are accompanied by a large secondary cast, with Goethe in the foreground. Cassirer not only contributes to Goethe scholarship, but in Goethe he finds crucial language to communicate his assertions. Verene introduces us to the originality of Cassirer’s philosophy so that we may find access to the riches it contains.

Cassirer's Metaphysics of Symbolic Forms

Author : Thora Ilin Bayer
Publisher : Yale University Press
Release : 2008-10-01
Category : Philosophy
ISBN : 9780300127171

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Book Cassirer's Metaphysics of Symbolic Forms Description/Summary:

This book—the first commentary on Ernst Cassirer’s Metaphysics of Symbolic Forms—provides an introduction to the metaphysical views that underlie the philosopher’s conceptions of symbolic form and human culture. Thora Ilin Bayer focuses on the meaning of Cassirer’s claim that philosophy is not itself a symbolic form but the thought around which all aspects of human activity are seen as a whole. Underlying the symbolic forms are Cassirer’s two metaphysical principles, spirit (Geist) and life, which interact to produce the reality of the human world. Bayer shows how these two principles of Cassirer’s early philosophy are connected with the phenomenology of his later philosophy, which centers on his conception of “basis phenomena”—self, will, and work.

Symbolic Forms for a New Humanity

Author : Drucilla Cornell,Kenneth Michael Panfilio
Publisher : Fordham Univ Press
Release : 2010
Category : Philosophy
ISBN : 9780823232505

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Book Symbolic Forms for a New Humanity Description/Summary:

In dialogue with afro-caribbean philosophy, this book seeks in Cassirer's philosophy of symbolic forms a new vocabulary for approaching central intellectual and political issues of our time. For Cassirer, what makes humans unique is that we are symbolizing creatures destined to come into a world through varied symbolic forms; we pluralistically work with and develop these forms as we struggle to come to terms with who we are and our place in the universe. This approach can be used as a powerful challenge to hegemonic modes of study that mistakenly place the Western world at the center of intellectual and political life. Indeed, the authors argue that the symbolic dimension of Cassirer's thinking of possibility can be linked to a symbolic dimension in revolution via the ideas of Frantz Fanon, who argued that revolution must be a thoroughgoing cultural process, in which what is at stake is nothing less than how we symbolize a new humanity and bring into being a new set of social institutions worthy of that new humanity.

Hans Kelsen and the Natural Law Tradition

Author : Peter Langford,Ian Bryan,John McGarry
Publisher : BRILL
Release : 2019-03-19
Category : Philosophy
ISBN : 9789004390393

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Book Hans Kelsen and the Natural Law Tradition Description/Summary:

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.

The Space of Culture

Author : Sebastian Luft
Publisher : Oxford University Press, USA
Release : 2015-10-01
Category : Culture
ISBN : 9780198738848

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Book The Space of Culture Description/Summary:

Sebastian Luft explores the philosophy of culture championed by the Marburg School of Neo-Kantianism. Following a historical trajectory from Hermann Cohen to Paul Natorp and through to Ernst Cassirer, he defends the attractiveness of a philosophical culture in the transcendental vein.

The Evolution of Blake’s Myth

Author : Sheila Spector
Publisher : Routledge
Release : 2020-05-11
Category : Literary Criticism
ISBN : 9781351108416

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Book The Evolution of Blake’s Myth Description/Summary:

Interpreting Blake has always proved challenging. Hermeneutics, as the on-going negotiation between the horizon of expectations and a given text, hinges on the preconceptions that structure thought. The structure, in turn, is derived from myth, a cultural narrative predicated on a particular set of foundational principles, and organized in terms of the resulting symbolic form. The primary impediment to interpreting Blake has been the failure to recognize that he and much of his audience have thought in terms of two radically different myths. In The Evolution of Blake’s Myth, Sheila A. Spector establishes the dimensions of the myth that structures Blake’s thought. In the first of three parts, she uses Jerusalem, Blake’s most complete book, as the basis for extrapolating the components of the consolidated myth. She then traces the chronological development of the myth from its origin in the late 1780s through its crystallization in Milton. Finally, she demonstrates how Blake used the myth hermeneutically, as the horizon of expectations for interpreting not only his own work, but the Bible and the visionary texts of others, as well.

The Oxford Handbook of Law and Humanities

Author : Simon Stern
Publisher : Oxford University Press, USA
Release : 2020-01-16
Category : Law
ISBN : 9780190695620

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Book The Oxford Handbook of Law and Humanities Description/Summary:

How does materiality matter to legal scholarship? What can affect studies offer to legal scholars? What are the connections among visual studies, art history, and the knowledge and experience of law? What can the disciplines of book history, digital humanities, performance studies, disability studies, and post-colonial studies contribute to contemporary and historical understandings of law? These are only some of the important questions addressed in this wide-ranging collection of law and humanities scholarship. Collecting 45 new essays by leading international scholars, The Oxford Handbook of Law and Humanities showcases the work of law and humanities across disciplines, addressing methods, concepts and themes, genres, and areas of the law. The essays explore under-researched domains such as comics, videos, police files, form contracts, and paratexts, and shed new light on traditional topics, such as free speech, intellectual property, international law, indigenous peoples, immigration, evidence, and human rights. The Handbook provides an exciting new agenda for scholarship in law and humanities, and will be essential reading for anyone interested in the intersections of law and humanistic inquiry.

The Philosophy of Symbolic Forms

Author : Ernst Cassirer
Publisher : Yale University Press
Release : 1955-01-01
Category : Philosophy
ISBN : 0300000375

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Book The Philosophy of Symbolic Forms Description/Summary:

The Symbolic Forms has long been considered the greatest of Cassirer's works. Into it he poured all the resources of his vast learning about language and myth, religion, art, and science--the various creative symbolizing activities and constructions through which man has expressed himself and given intelligible objective form to this experience. "These three volumes alone (apart from Cassirer's other papers and books) make an outstanding contribution to epistemology and to the human power of abstraction. It is rather as if 'The Golden Bough' had been written in philosophical rather than in historical terms."--F.I.G. Rawlins, Nature

Legal Technique

Author : Christopher Enright
Publisher : Federation Press
Release : 2002
Category : Law
ISBN : 1862874123

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Book Legal Technique Description/Summary:

This title is no longer stocked by us. It is now available directly from Christopher Enright: [email protected] How should lawyers go about their tasks in working with law, in making, interpreting, using, reading and writing law? Enright's book describes clear and simple techniques for working with law. It explains why the technique is needed and what it achieves, and then provides a model for doing it. Each model consists of a step by step guide for performing the relevant task. Legal Technique is structured to be the textbook in an introductory law course where the techniques are described, and intended for re-use in later courses on substantive law where these techniques must be further taught and practised in the context of those subjects. Legal Technique is accompanied by a free Legal Technique eWorkbook (see Supplement) containing materials, questions and answers. Included are exercises for working with statutes, cases, legal texts and for solving legal problems; further exercises to practise approaches to common law and statutory law subjects generally; and specific exercises for the subjects 'Introduction to Law', 'Constitutional Law', and 'Property Law'.

Cultural Analysis, Cultural Studies, and the Law

Author : Austin D. Sarat,Jonathan Simon
Publisher : Duke University Press
Release : 2003-07-03
Category : Law
ISBN : 9780822384755

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Book Cultural Analysis, Cultural Studies, and the Law Description/Summary:

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power. Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts. Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

Cassirer

Author : Samantha Matherne
Publisher : Routledge
Release : 2021-04-26
Category : Philosophy
ISBN : 9781351048842

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Book Cassirer Description/Summary:

Ernst Cassirer (1874–1945) occupies a unique place in 20th-century philosophy. His view that human beings are not rational but symbolic animals and his famous dispute with Martin Heidegger at Davos in 1929 are compelling alternatives to the deadlock between 'analytic' and 'continental' approaches to philosophy. An astonishing polymath, Cassirer's work pays equal attention to mathematics and natural science but also art, language, myth, religion, technology, and history. However, until now the importance of his work has largely been overlooked. In this outstanding introduction Samantha Matherne examines and assesses the full span of Cassirer’s work. Beginning with an overview of his life and works she covers the following important topics: Cassirer’s neo-Kantian background Philosophy of mathematics and natural science, including Cassirer’s first systematic work, Substance and Function, and subsequent works, like Einstein’s Theory of Relativity The problem of culture and the ground-breaking The Philosophy of Symbolic Forms Cassirer’s ethical and political thought and his diagnosis of fascism in The Myth of the State Cassirer’s influence and legacy. Including chapter summaries, suggestions for further reading, and a glossary of terms, this is an ideal introduction to Cassirer’s thought for anyone coming to his work for the first time. It is essential reading for students in philosophy as well as related disciplines such as intellectual history, art history, politics, and literature.

Northrop Frye on Myth

Author : Ford Russell
Publisher : Routledge
Release : 2021-12-13
Category : Religion
ISBN : 9781000525960

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Book Northrop Frye on Myth Description/Summary:

Nortrop Frye differed from other theorists of myth in tracing all of the major literary genres--romance, comedy, satire, not just tragedy--to myth and ritual. This volume is the most thorough presentation of his thinking on the subject.

Perspective as Symbolic Form

Author : Erwin Panofsky
Publisher : Princeton University Press
Release : 2020-09-01
Category : Art
ISBN : 9780942299472

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Book Perspective as Symbolic Form Description/Summary:

Erwin Panofsky’s Perspective as Symbolic Form is one of the great works of modern intellectual history, the legendary text that has dominated all art-historical and philosophical discussions on the topic of perspective in this century. Finally available in English, this unrivaled example of Panofsky’s early method places him within broader developments in theories of knowledge and cultural change. Here, drawing on a massive body of learning that ranges over ancient philosophy, theology, science, and optics as well as the history of art, Panofsky produces a type of “archaeology” of Western representation that far surpasses the usual scope of art historical studies. Perspective in Panofsky’s hands becomes a central component of a Western “will to form,” the expression of a schema linking the social, cognitive, psychological, and especially technical practices of a given culture into harmonious and integrated wholes. He demonstrates how the perceptual schema of each historical culture or epoch is unique and how each gives rise to a different but equally full vision of the world. Panofsky articulates these distinct spatial systems, explicating their particular coherence and compatibility with the modes of knowledge, belief, and exchange that characterized the cultures in which they arose. Our own modernity, Panofsky shows, is inseparable from its peculiarly mathematical expression of the concept of the infinite, within a space that is both continuous and homogenous.

Landscapes of Law

Author : Carol J. Greenhouse,Christina L. Davis
Publisher : University of Pennsylvania Press
Release : 2020-06-05
Category : Social Science
ISBN : 9780812297119

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Book Landscapes of Law Description/Summary:

International scholars offer ethnographic analyses of the relations between transnationalism, law, and culture The recent surge of right-wing populism in Europe and the United States is widely perceived as evidence of ongoing challenges to the policies and institutions of globalization. But as editors Carol J. Greenhouse and Christina L. Davis observe in their introduction to Landscapes of Law, the appeal to national culture is not restricted to the ethno-nationalisms of the developing world outside of industrial democracies nor to insurgent groups within them. The essays they have collected in this volume reveal how claims of national culture emerge in the pursuit of transnationalism and, under some circumstances, become embedded within international law. The premise that there is inherent tension between nationalism and globalism is misleading. Whether asserted explicitly as state sovereignty or implicitly as cultural community, claims of national culture mediate how governments assert their interests and values when engaging with transnational law. Landscapes of Law demonstrates how nationalism operates in the contested zone between borderless capital and bordered states. Drawing from the fields of anthropology, international relations, law, political science, and sociology, the book's international contributors examine the ways in which claims of national differences are produced within transnational institutions. Insights from case studies across a wide range of topics reveal how such claims may be worked into policy prescriptions and legal arrangements or provide ad hoc bargaining chips. Together, they show that expressions of national culture outside of state boundaries consolidate claims of sovereignty. The contributors offer innovative frameworks for analyzing the relationships among transnationalism, law, and cultural claims at various levels and scales. They demonstrate how overlapping communities use law to define borders and shape relationships among actors rather than to generate a single social ordering. Landscapes of Law traces the theoretical implications generated by an understanding of transnational law that challenges the conventional separation of individual, community, society, national, and international spaces. Contributors: Katayoun Alidadi, Tugba Basaran, Rachel Brewster, Sandra Brunnegger, Christina L. Davis, Sara Dezalay, Marie-Claire Foblets, Henry Gao, Carol J. Greenhouse, David Leheny, Mark Fathi Massoud, Teresa Rodríguez-de-las-Heras Ballell, Gregory Shaffer, Mariana Valverde.

Cassirer and Langer on Myth

Author : William Schultz
Publisher : Routledge
Release : 2013-09-13
Category : Literary Criticism
ISBN : 9781135628819

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Book Cassirer and Langer on Myth Description/Summary:

First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Philosophy, Science, and History

Author : Lydia Patton
Publisher : Routledge
Release : 2014-06-27
Category : Philosophy
ISBN : 9781136626890

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Book Philosophy, Science, and History Description/Summary:

Philosophy, Science, and History: A Guide and Reader is a compact overview of the history and philosophy of science that aims to introduce students to the groundwork of the field, and to stimulate innovative research. The general introduction focuses on scientific theory change, assessment, discovery, and pursuit. Part I of the Reader begins with classic texts in the history of logical empiricism, including Reichenbach’s discovery-justification distinction. With careful reference to Kuhn’s analysis of scientific revolutions, the section provides key texts analyzing the relationship of HOPOS to the history of science, including texts by Santayana, Rudwick, and Shapin and Schaffer. Part II provides texts illuminating central debates in the history of science and its philosophy. These include the history of natural philosophy (Descartes, Newton, Leibniz, Kant, Hume, and du Châtelet in a new translation); induction and the logic of discovery (including the Mill-Whewell debate, Duhem, and Hanson); and catastrophism versus uniformitarianism in natural history (Playfair on Hutton and Lyell; de Buffon, Cuvier, and Darwin). The editor’s introductions to each section provide a broader perspective informed by contemporary research in each area, including related topics. Each introduction furnishes proposals, including thematic bibliographies, for innovative research questions and projects in the classroom and in the field.

Symbolic Legislation Theory and Developments in Biolaw

Author : Bart van Klink,Britta van Beers,Lonneke Poort
Publisher : Springer
Release : 2016-08-31
Category : Law
ISBN : 9783319333656

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Book Symbolic Legislation Theory and Developments in Biolaw Description/Summary:

This edited volume covers new ground by bringing together perspectives from symbolic legislation theory on the one hand, and from biolaw and bioethics on the other hand. Symbolic legislation has a bad name. It usually refers to instances of legislation which are ineffective and that serve other political and social goals than the goals officially stated. Recently, a more positive notion of symbolic legislation has emerged in legislative theory. From this perspective, symbolic legislation is regarded as a positive alternative to the more traditional, top-down legislative approach. The legislature no longer merely issues commands backed up with severe sanctions, as in instrumental legislation. Instead, lawmakers provide open and aspirational norms that are meant to change behavior not by means of threat, but indirectly, through debate and social interaction. Since the 1990s, biomedical developments have revived discussions on symbolic legislation. One of the reasons is that biomedical legislation touches on deep-rooted, symbolic-cultural representations of the biological aspects of human life. Moreover, as it is often impossible to reach consensus on these controversial questions, legislators have sought alternative ways to develop legal frameworks. Consequently, communicative and interactive approaches to legislation are prominent within the governance of medical biotechnology. The symbolic dimensions of biolaw are often overlooked. Yet, it is clear that the symbolic is at the heart of many legal-political debates on bioethical questions. Since the rise of biomedical technologies, human body materials have acquired a scientific, medical and even commercial value. These new approaches, which radically question existing legal symbolizations of the human body, raise the question whether and how the law should continue to reflect symbolic values and meanings. Moreover, how can we decide what these symbolic values are, given the fact that we live in a pluralistic society?

Nature's Principles

Author : Jan Faye,Paul Needham,Uwe Scheffler,Max Urchs
Publisher : Springer Science & Business Media
Release : 2006-03-30
Category : Science
ISBN : 9781402032585

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Book Nature's Principles Description/Summary:

One of the most basic problems in the philosophy of science involves determining the extent to which nature is governed by laws. This volume presents a wide-ranging overview of the contemporary debate and includes some of its foremost participants. It begins with an extensive introduction describing the historical, logical and philosophical background of the problems dealt with in the essays. Among the topics treated in the essays is the relationship between laws of nature and causal laws as well as the role of ceteris paribus clauses in scientific explanations. Traditionally, the problem of the unity of science was intimately connected to the problem of understanding the unity of nature. This fourth volume of Logic, Epistemology, and the Unity of Science tackles these problems as part of our consideration of the most fundamental aspects of scientific understanding.