Common Laborers? Industrial Pluralists, Legal Realists, and the Law of Industrial Disputes, 1915–1943

1993 ◽  
Vol 11 (1) ◽  
pp. 59-100 ◽  
Author(s):  
Daniel R. Ernst
Keyword(s):  
Twentieth Century ◽  
Moral Philosophy ◽  
William James ◽  
Social Practices ◽  
Legal Thought ◽  
Standards Of Conduct ◽  
Industrial Disputes ◽  
The Law ◽  
The Individual ◽  
Developing Society

At the turn of the twentieth century, when highbrow political thinkers rebelled against the consensual epistemology and ethics of the Victorians, when they argued, as William James did, that “neither the whole of truth nor the whole of good is revealed to any single observer,” when they declared themselves to be living in “a world where truth and justice are to be carved from culture rather than found already etched in reason,” they created an unprecedented problem in liberal political and legal thought. Previous thinkers could take the individual as the fundamental political unit and attribute to “him” a capacity for knowing and doing right that “he” shared with all God's children (as “commonsense” moral philosophy held) or all participants in a consensual, organically developing society (as historicist scholarship had it). Armed with such premises, they could confidently judge diverse social practices against universal standards of conduct.

Gewalt und Kommunikation

2011 ◽  
Vol 2011 (1) ◽  
pp. 5-28
Author(s):  
Jens Bonnemann
Keyword(s):  
Twentieth Century ◽  
Moral Philosophy ◽  
The Other ◽  
Practical Philosophy ◽  
Valuable Contribution ◽  
Human Species ◽  
Normal Case ◽  
Jean Paul ◽  
Philosophy Of Dialogue ◽  
The Individual

In ethics, when discussing problems of justice and a just social existence one question arises obviously: What is the normal case of the relation between I and you we start from? In moral philosophy, each position includes basic socio-anthropological convictions in that we understand the other, for example, primarily as competitor in the fight for essential resources or as a partner in communication. Thus, it is not the human being as isolated individual, or as specimen of the human species or socialised member of a historical society what needs to be understood. Instead, the individual in its relation to the other or others has been studied in phenomenology and the philosophy of dialogue of the twentieth century. In the following essay I focus on Martin Buber’s and Jean-Paul Sartre’s theories of intersubjectivity which I use in order to explore the meaning of recognition and disrespect for an individual. They offer a valuable contribution to questions of practical philosophy and the socio-philosophical diagnosis of our time.

Development of Comparative Law in France

2019 ◽  
pp. 28-53
Author(s):  
Bénédicte Fauvarque-Cosson
Keyword(s):  
Twentieth Century ◽  
Comparative Law ◽  
Distinctive Features ◽  
The Third ◽  
Legal Thought ◽  
The Law

France has a long and solid tradition of comparative law. This article traces the discipline’s development in France, describing its strengths and weaknesses. As universal a science as it is, comparative law has distinctive features in each country. While there is currently no such thing as French or Italian comparative law in the sense that there is French or Italian contracts law, there is an identifiable French style in comparative law that is closely related to the development of French legal thought in general. The never-ending question of the purpose of comparative law emerges as one of the fundamental jurisprudential debates of the twentieth century. The first section of this article details the historical rise of comparative law in France. The second section chronicles its decline. The third section predicts its renaissance, provided French scholars, practitioners, and judges give the study of comparative law the regard it is due, in the light of the internationalization and Europeanization of the law.

Dangers that Lurk in a Kiss: Quarantining the American Mouth, 1890–1920

2021 ◽  
Author(s):  
Peter C Baldwin
Keyword(s):  
Public Health ◽  
Twentieth Century ◽  
Progressive Era ◽  
Human Sexuality ◽  
Spatial Separation ◽  
Social Practices ◽  
Individual Autonomy ◽  
Recent Advances ◽  
Public Health Officials ◽  
The Individual

Abstract Affluent women, with the inconsistent support of some medical experts, led an early twentieth-century push to stop the practice of kissing. Imogene Rechtin of Cincinnati and likeminded activists argued that all forms of kissing spread harmful bacteria. The anti-kissing campaign was part of a larger effort to impose stricter discipline over the mouth, which thanks to recent advances in bacteriology had been identified as a dangerous vector of disease. Shaped by the Progressive Era inclination to solve problems through strategies of spatial separation, the effort to “quarantine” the American mouth involved disrupting social practices such as sharing the communion chalice and using a common cup at drinking fountains. The anti-kissing movement also attempted to protect women from unsolicited social kisses from other women and uninvited erotic kisses by men. Though public health officials strongly supported other mouth reforms, they opposed the anti-kissing campaign, largely on the nonmedical grounds that it was an impossible rejection of human sexuality. Then as now, public health arguments over mouth practices have been shaped by deeper battles over individual autonomy and the obligations of the individual to society.

scholarly journals Pleasure and Variety in Thomas More’s Utopia

Moreana ◽  
2016 ◽  
Vol 53 (Number 203- (1-2) ◽  
pp. 147-170
Author(s):  
Mariano A. Vilar
Keyword(s):  
Social Organization ◽  
Moral Philosophy ◽  
Social Practices ◽  
Thomas More ◽  
Main Hypothesis ◽  
The Social ◽  
Individual Nature ◽  
The Individual

The goal of this article is to provide a better understanding of the organization of pleasure (voluptas) in the moral philosophy and in the social practices of the inhabitants of Utopia, the fictional island created by Thomas More. For this purpose, we will focus on the classifications of pleasure into a series of species which tend to suppress the individual nature of pleasure and its connection to subjectivity in order to establish the traits of “natural pleasures,” which fit perfectly the social organization of the island. Our main hypothesis is that this is accomplished by breaking the connection of pleasure and “variety” (varietas), which was firmly established by many of the authors (ancient or modern) that discussed this topic. In this article, we argue that the use of the Epicurean texts circulating at the beginning of the 16th century were instrumental in the elaboration of a theory of “negative pleasures” which are used to keep the homeostasis of the society in Utopia.

The Reconstitution of Upper Canadian Legal Thought in the Late-Victorian Empire

1985 ◽  
Vol 3 (2) ◽  
pp. 219-292 ◽  
Author(s):  
G. Blaine Baker
Keyword(s):  
Twentieth Century ◽  
North American ◽  
Legal Culture ◽  
Legal Positivism ◽  
Upper Canada ◽  
Legal Thought ◽  
Upper Canadian ◽  
The Law ◽  
British North American ◽  
The Way

Theavailabilityof the literature of the law, an aspect of legal culture rarely considered in twentieth century Canadian commentary on the ‘reception’ of imperial laws, must have had a great deal to do with the way that sources of law informed and reflected the developing jural values, doctrine, and methodology of the British North American provinces. Yet locally-prevalent versions of legal positivism, which find expression in formalistic, contemporary constitutional scholarship on transferral issues, have tended to suppress or render irrelevant inquiries into the way that such intellectual forces as law books actually affected the development of the legal culture of Upper Canada/Ontario.

Perceptual-Imaginative Space and the Beautiful Ecologies of Rose Lowder's Bouquets

Paragraph ◽  
2020 ◽  
Vol 43 (3) ◽  
pp. 314-329
Author(s):  
Sarah Cooper
Keyword(s):  
Twentieth Century ◽  
Moral Philosophy ◽  
Ecological Principles ◽  
Short Films ◽  
Ecological Concern

Experimental filmmaker Rose Lowder is an intricate explorer of perception. Many of her exquisite silent short films feature flowers that are scrutinized frame by frame in shots that appear to have layers, as well as volume, and to quiver between simultaneity and succession. Yet these perceptual palimpsests that present almost too much for the eye to take in also reveal an as yet unexplored relation to imagination. Informed by ecological principles and foregrounding floral beauty, Lowder's Bouquets create a striking bond between perceptual and imaginative space. This article draws upon twentieth-century phenomenological accounts of perception before delving into earlier historical discussions of beauty in nature and in art, and bringing out connections to moral philosophy and feminist ecophilosophy, in order to understand how the beautiful entwines with ecological concern in the perceptual-imaginative space of her films.

Conscientious Objection (European and American approaches)

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 115-144
Keyword(s):  
Deep Understanding ◽  
Legal Protection ◽  
Legal Aspects ◽  
Conscientious Objection ◽  
State Regulation ◽  
Legal Responsibility ◽  
State Regulations ◽  
Conscientious Objectors ◽  
The Law ◽  
The Individual

The Article concerns the legal issues, connected with the situation, when a person (or group of people) disobey requirements of the Law or other State regulations on the basis of religious or nonreligious belief. The Author analyses almost all related issues – whether imposing certain obligation on individuals, to which the individual has a conscientious objection based on his/her religious beliefs, always represents interference with his/her religion rights, and if it does, then what is subject of the interference – forum integrum or forum externum; whether neutral regulation, which does not refer to religion issues at all, could ever be regarded as interference into someone’s religious rights; whether opinion or belief, on which the individual’s objection and the corresponding conduct is based, must necesserily represent the clear “manifest” of the same religion or belief in order to gain legal protection; what is regarded as “manifest” of the religion or other belief in general and whether a close and direct link must exist between personal conduct and requirements of the religious or nonreligious belief; what are the criteria of the “legitimacy” of the belief; to what extent the following factors should be taken into consideration : whether the personal conduct of the individual represents the official requirements of corresponding religion or belief, what is the burden which was imposed on the believer’s religious or moral feelings by the State regulation, also, proportionality and degree of sincerity of the individual who thinks that his disobidience to the Law is required by his/her religious of philosofical belief. The effects (direct or non direct) of the nonfulfilment of the law requirement (legal responsibility, lost of the job, certain discomfort, etc..) are relevant factors as well. By the Author, all these circumstances and factors are essencial while estimating, whether it arises, actually, a real necessity and relevant obligation before a state for making some exemptions from the law to the benefi t of the conscientious objectors, in cases, if to predict such an objection was possible at all. So, the issues are discussed in the prism of the negative and positive obligations of a State. Corresponding precedents of the US Supreme Court and European Human Rights Court have been presented and analysed comparatively by the Author in the Article. The Article contains an important resume, in which the main points, principal issues and conclusion remarks are delivered. The Author shows, that due analysis of the legal aspects typical to “Conscientious objection” is very important for deep understanding religious rights, not absolute ones, and facilitates finding a correct answer on the question – how far do their boundaries go?

Authority by Aggregation and Abstraction

2017 ◽  
Author(s):  
Rebecca Skreslet Hernandez
Keyword(s):  
Pragmatic Theory ◽  
Legal Thought ◽  
Universal Principles ◽  
Legal Literature ◽  
Religious Learning ◽  
The Law ◽  
Substantive Law ◽  
Lasting Influence

In addition to his views on ijtihād and tajdīd, al-Suyūṭī’s lasting influence in Islamic legal thought lies in the area of legal precepts (pithy maxims or questions that sum up areas of the law). Al-Suyūṭī’s al-Ashbāh wa-l-naẓāʾir stands as a core work in this genre of legal literature and is still a popular textbook for students at Egypt’s premier institution of religious learning, al-Azhar. Using the pragmatic theory of Grice and others, I argue that legal precepts fulfill a number of key discursive functions for the jurist. It is with al-Suyūṭī’s Ashbāh that he is most successful in asserting his authority as an aggregator, abstractor, and framer of the law. The power of framing lies in the ability to distill key universal principles from the vast corpus of Islamic substantive law and to assert that these principles represent the essence and spirit of the Sharīʿa.

Hobbes among the Classic Jurists

2018 ◽  
Author(s):  
David Boucher
Keyword(s):  
International Relations ◽  
International Law ◽  
The State ◽  
Law Of Nature ◽  
Law Of Nations ◽  
Complete Identification ◽  
The Law ◽  
The Individual ◽  
Hedley Bull ◽  
Hans Morgenthau

The classic foundational status that Hobbes has been afforded by contemporary international relations theorists is largely the work of Hans Morgenthau, Martin Wight, and Hedley Bull. They were not unaware that they were to some extent creating a convenient fiction, an emblematic realist, a shorthand for all of the features encapsulated in the term. The detachment of international law from the law of nature by nineteenth-century positivists opened Hobbes up, even among international jurists, to be portrayed as almost exclusively a mechanistic theorist of absolute state sovereignty. If we are to endow him with a foundational place at all it is not because he was an uncompromising realist equating might with right, on the analogy of the state of nature, but instead to his complete identification of natural law with the law of nations. It was simply a matter of subject that distinguished them, the individual and the state.

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