Comment on Mr. Corwin's Paper

1925 ◽  
Vol 19 (2) ◽  
pp. 305-308
Author(s):  
Thomas Reed Powell

The function of the discusser of a paper is, I take it, like that of Antony at the funeral of Caesar: to bury Corwin, not to praise him. Unfortunately Mr. Corwin has been wanting in the good intentions to pave the way for such a sepulchral performance on my part. He has himself recognized the force of the objections which I would urge to the first half of his paper, had that been all of it, and he has made clear that we cannot tell to what extent constitutional theory is a crutch grabbed to help a wayfarer hobble on to his chosen journey's end, and to what extent it is like a flood or a landslide which sweeps a passive person willy-nilly along its own appointed way. Even worse than this, Mr. Corwin confesses that his game is to indoctrinate his hearers with his own preferred brand of constitutional theory. How can one expose a confidence man who takes us all into his confidence like this? If Mr. Corwin's heart were not as hard as his head, he might have shown more sympathy for his commentator and left him a few soft spots where he might dig in with his intellectual toes.

1983 ◽  
Vol 13 (4) ◽  
pp. 277-298
Author(s):  
Henry Burmester

The presumption of constitutionality has been frequently invoked in recent judgments of Murphy J in the High Court. The article examines the use of the presumption in the United States and Canada. It then considers the way in which the presumption has been applied in Australia and the justification given for it. It is suggested that although the presumption does not have a clearly recognised place in Australian constitutional theory, the presumption is important and it should be given much greater prominence. For this to happen will require changes in judicial attitude. It also requires Parliament to reassert its role in the determination of constitutional questions.


2017 ◽  
Vol 9 (2) ◽  
pp. E-119-E-153 ◽  
Author(s):  
Leonardo Pierdominici

Abstract The paper deals with the validity of constitutional pluralism as a constitutional theory for the European Union and a paradigm for the understanding of EU law in the current times of crisis. It reconstructs the way in which constitutional pluralism came to the fore, the different ways in which the theory was presented, and considers historical criticism it has faced. It then looks at the anomalies that, allegedly, cannot be explained today by constitutional pluralism as a paradigm, linked to the current economic and political crises in the Union. The reconstruction of the debate is complemented with reflections on both the descriptive and normative validity of EU constitutional pluralism’s claims.


2009 ◽  
Vol 29 ◽  
pp. 273-289
Author(s):  
Justin J. Wert

This article details the origins of the Bush administration’s policies with respect to executive power and access to the writ of habeas corpus. I argue that the administration’s policies devised to prosecute the “War on Terror” were simply extensions of already developing patterns of conservative legal and constitutional theory. This account suggests that as an “Orthodox Innovator” president, it is likely that President Bush’s particular developments and additions to this larger regime stance went too far to continue to remain legitimate, but not in the way that the literature suggests. As a result of the Bush presidency, then, dissent is more likely to come from the judiciary and not the party faithful.


PMLA ◽  
1954 ◽  
Vol 69 (3) ◽  
pp. 365-391
Author(s):  
Walter E. Bezanson

With ten volumes of prose fiction behind him, Herman Melville (1819-91) turned to writing poetry at the age of forty. When inability to market his first volume of verse set him to studying poets and poetry it was natural that he include Matthew Arnold (1822-88). Arnold had emerged as an important though not popular young poet in the mid-fifties. Whether or not Melville watched his rise in the British periodicals, which were reviewing his own books, he must have noted it in the pages of Putnam's Monthly Magazine, to which he was a regular contributor and subscriber. By the time Melville passed through England on his way to the Mediterranean late in 1856, Arnold was a figure of some repute. On the way back Melville dropped in at Longmans (27 April 1857), publishers that month of The Confidence-Man; they were Arnold's publishers too and were currently bringing out a third edition of the Poems. Later in the week Melville spent a memorable Sunday at Oxford University. “Most interesting spot I have seen in England,” he wrote in his journal. “Made tour of all colleges. It was here I first confessed with gratitude my mother land, & hailed her with pride… . Amity of art & nature. Accord… . Learning lodged like a faun… . Sacred to beauty & tranquility… . Soul & body equally cared for… . I know nothing more fitted by mild & beautiful rebuke to chastise the (presumptuous) ranting of Yankees… .” Melville's temporary yearning for the peace and tranquility of Oxford life, as he imagined it, where “learning lodged like a faun,” coincided almost exactly with Arnold's moment of consummation. Three days later (5 May) Arnold was elected by convocation to the Oxford Professorship of Poetry. Melville's words had not been those of an innocent abroad; they sheltered the value judgments of one who anticipated difficult years of wide-open readjustment. Melville's destiny lay elsewhere, but the Oxford incident marks symbolically the dawning community of interests between the later Melville and Arnold. For a moment the American scholar-gipsy looked down on the lights of Oxford, turned, and was gone. Five years later he began to read the Professor's poetry with a sense of coming upon a major contemporary.


2018 ◽  
Vol 41 ◽  
Author(s):  
Maria Babińska ◽  
Michal Bilewicz

AbstractThe problem of extended fusion and identification can be approached from a diachronic perspective. Based on our own research, as well as findings from the fields of social, political, and clinical psychology, we argue that the way contemporary emotional events shape local fusion is similar to the way in which historical experiences shape extended fusion. We propose a reciprocal process in which historical events shape contemporary identities, whereas contemporary identities shape interpretations of past traumas.


2020 ◽  
Vol 43 ◽  
Author(s):  
Aba Szollosi ◽  
Ben R. Newell

Abstract The purpose of human cognition depends on the problem people try to solve. Defining the purpose is difficult, because people seem capable of representing problems in an infinite number of ways. The way in which the function of cognition develops needs to be central to our theories.


1976 ◽  
Vol 32 ◽  
pp. 233-254
Author(s):  
H. M. Maitzen

Ap stars are peculiar in many aspects. During this century astronomers have been trying to collect data about these and have found a confusing variety of peculiar behaviour even from star to star that Struve stated in 1942 that at least we know that these phenomena are not supernatural. A real push to start deeper theoretical work on Ap stars was given by an additional observational evidence, namely the discovery of magnetic fields on these stars by Babcock (1947). This originated the concept that magnetic fields are the cause for spectroscopic and photometric peculiarities. Great leaps for the astronomical mankind were the Oblique Rotator model by Stibbs (1950) and Deutsch (1954), which by the way provided mathematical tools for the later handling pulsar geometries, anti the discovery of phase coincidence of the extrema of magnetic field, spectrum and photometric variations (e.g. Jarzebowski, 1960).


Author(s):  
W.M. Stobbs

I do not have access to the abstracts of the first meeting of EMSA but at this, the 50th Anniversary meeting of the Electron Microscopy Society of America, I have an excuse to consider the historical origins of the approaches we take to the use of electron microscopy for the characterisation of materials. I have myself been actively involved in the use of TEM for the characterisation of heterogeneities for little more than half of that period. My own view is that it was between the 3rd International Meeting at London, and the 1956 Stockholm meeting, the first of the European series , that the foundations of the approaches we now take to the characterisation of a material using the TEM were laid down. (This was 10 years before I took dynamical theory to be etched in stone.) It was at the 1956 meeting that Menter showed lattice resolution images of sodium faujasite and Hirsch, Home and Whelan showed images of dislocations in the XlVth session on “metallography and other industrial applications”. I have always incidentally been delighted by the way the latter authors misinterpreted astonishingly clear thickness fringes in a beaten (”) foil of Al as being contrast due to “large strains”, an error which they corrected with admirable rapidity as the theory developed. At the London meeting the research described covered a broad range of approaches, including many that are only now being rediscovered as worth further effort: however such is the power of “the image” to persuade that the above two papers set trends which influence, perhaps too strongly, the approaches we take now. Menter was clear that the way the planes in his image tended to be curved was associated with the imaging conditions rather than with lattice strains, and yet it now seems to be common practice to assume that the dots in an “atomic resolution image” can faithfully represent the variations in atomic spacing at a localised defect. Even when the more reasonable approach is taken of matching the image details with a computed simulation for an assumed model, the non-uniqueness of the interpreted fit seems to be rather rarely appreciated. Hirsch et al., on the other hand, made a point of using their images to get numerical data on characteristics of the specimen they examined, such as its dislocation density, which would not be expected to be influenced by uncertainties in the contrast. Nonetheless the trends were set with microscope manufacturers producing higher and higher resolution microscopes, while the blind faith of the users in the image produced as being a near directly interpretable representation of reality seems to have increased rather than been generally questioned. But if we want to test structural models we need numbers and it is the analogue to digital conversion of the information in the image which is required.


1979 ◽  
Vol 44 (1) ◽  
pp. 3-30 ◽  
Author(s):  
Carol A. Pruning

A rationale for the application of a stage process model for the language-disordered child is presented. The major behaviors of the communicative system (pragmatic-semantic-syntactic-phonological) are summarized and organized in stages from pre-linguistic to the adult level. The article provides clinicians with guidelines, based on complexity, for the content and sequencing of communicative behaviors to be used in planning remedial programs.


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