“Everything Flows”: Mark Tushnet's Rights Revolution and the Impact of Constitutional Dialogue

2009 ◽  
Vol 42 (3) ◽  
pp. 472-482 ◽  
Author(s):  
Margit Cohn
Keyword(s):  
Liberal Democracy ◽  
Historical Analysis ◽  
History Of ◽  
The Subject ◽  
The Impact ◽  
Different Levels

It is my pleasure to contribute to the workshop on Mark Tushnet's manuscript. Good literature is sometimes identified by its ability to elicit responses on different levels. While reading Tushnet's compelling manuscript, my thoughts about the validity of the historical analysis were supplemented by immediate comparisons to the much shorter history of the rise of “rightspeak” in Israel. Then there were some thoughts about the possible links between this manuscript and Tushnet's earlier works and between this manuscript and other studies of the subject. Finally, I found myself linking and comparing Tushnet's implicit normative arguments with my own views on the role of courts in liberal democracy.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals Unwanted Conflict? The Analysis of the Impact of Misperception, Beliefs and Psychology of President Nasser at the Outbreak of the Six Day War

2019 ◽  
Vol 01 (02) ◽  
pp. 1950003
Author(s):  
Janko Šćepanović
Keyword(s):  
Decision Making ◽  
Decision Makers ◽  
Structural Explanation ◽  
Defining Moments ◽  
The Us ◽  
History Of ◽  
The Subject ◽  
Six Day War ◽  
The Impact

The Six Day War was one of the most defining moments in the history of the Modern Middle East. This paper seeks to add to the existing scholarship on the subject by going beyond the structural explanation. It gives special attention to the role of unit-level variables like perception, personality, and political psychology of decision-makers. As one scholar noted, threats are not perceived in a vacuum, and are, instead, products of complex synthesis of subjective appraisal of events by the decision-makers. The focus will be on the beliefs and perceptions of the most impactful actor in this crisis: Egyptian President Nasser. As will be argued, his decision-making was shaped by his experience with foreign imperialism, a general misconception of super power intentions, an incorrect analogy between two crucial crisis situations with Israel: the February 1960 Rotem Crisis, and the build-up to the June War in 1967, and especially his complicated relations with the US leaders.

scholarly journals The impact of graphic works of Giovanni Battista Piranesi upon the formation of conceptual architecture and real architectural space

2020 ◽  
pp. 10-18
Author(s):  
Aleksei Yur'evich Lysenkov ◽  
Liliya Faatovna Lysenkova
Keyword(s):  
Research Method ◽  
Practical Importance ◽  
Main Research ◽  
Architectural Space ◽  
History Of Art ◽  
History Of ◽  
The Subject ◽  
The Impact ◽  
Art And Architecture

The subject of this research is the graphic heritage of the prominent Venetian master of the XVIII century Giovanni Battista Piranesi. The goal consists in examination of the role of Piranesi’s heritage in history of art and architecture. The author demonstrates the key milestones of his creative path, reveals the fundamental conceptual questions and themes of his graphic compositions. The defining influence of the depicted architectural compositions of Piranesi on the formation of one or another architectural object is viewed on the particular historical examples. The main research method consists in drawing parallels and designation of continuity of architectural ideas between the works of Giovanni Battista Piranesi and such architects successors as Joseph Paxton, Antonio Sant'Elia, Tony Garnier, Pietro di Gottardo Gonzaga, Ivan Leonidov, etc. The scientific novelty and practical importance of the article lies in tracing the trajectory of influence of the ideas, themes and architectural-spatial solutions of the great aquafortist upon his contemporaries and all following generations of architects. Particular historical examples demonstrate the defining influence of the depicted architectural compositions of Piranesi on the formation of one or another architectural object, as well as the emergence of famous conceptual architectural projects (including projects-utopias) in historical retrospective until the present time.

French Sport: Caught between Universalism and Exceptionalism

2011 ◽  
Vol 19 (4) ◽  
pp. 509-525 ◽  
Author(s):  
Paul Dietschy
Keyword(s):  
Fundamental Problem ◽  
The Other ◽  
Sports History ◽  
Institutional Structures ◽  
History Of ◽  
The Subject ◽  
Invented Traditions ◽  
The One ◽  
The Impact

This article argues that the question of national perspectives is a fundamental problem in the writing of European sports history. It does so by demonstrating that France has an equal pedigree, in terms of diffusion and exceptionalism, as Britain, and pleads for a less skewed approach to the history of the subject in general. The article shows, first, that France contributed significantly to the internationalization of sport in the nineteenth and early twentieth centuries, with French networks facilitating the spread of sports across the globe. It considers the impact of French universalism on the institutional structures of world sport and assesses the importance of sport to governmental diplomacy. Second, it proposes that France occupies a special place in the history of European sport, halfway between that of the British on the one hand and other continental sporting cultures on the other. It discusses the role of central and regional administrations in the creation of a sports space that is distinctly marked by a lack of football hegemony. French sport, the article concludes, is characterized by a peculiar mix of anglomanie, invented traditions, internationalism, state interventionism and eclecticism.

The Impact of Quantitative Easing on Emerging Markets – Literature Review

e-Finanse ◽  
2018 ◽  
Vol 14 (4) ◽  
pp. 67-76
Author(s):  
Piotr Bartkiewicz
Keyword(s):  
Emerging Markets ◽  
Large Scale ◽  
Empirical Literature ◽  
Quantitative Easing ◽  
Methodological Choices ◽  
The Subject ◽  
Methodological Approaches ◽  
The Impact ◽  
Sufficient Precision

AbstractThe article presents the results of the review of the empirical literature regarding the impact of quantitative easing (QE) on emerging markets (EMs). The subject is of interest to policymakers and researchers due to the increasingly larger role of EMs in the world economy and the large-scale capital flows occurring after 2009. The review is conducted in a systematic manner and takes into consideration different methodological choices, samples and measurement issues. The paper puts the summarized results in the context of transmission channels identified in the literature. There are few distinct methodological approaches present in the literature. While there is a consensus regarding the direction of the impact of QE on EMs, its size and durability have not yet been assessed with sufficient precision. In addition, there are clear gaps in the empirical findings, not least related to relative underrepresentation of the CEE region (in particular, Poland).

Stress, Cortisol and Suicide Risk

2019 ◽  
Author(s):  
Daryl Brian O'Connor
Keyword(s):  
Risk Factors ◽  
Suicidal Behavior ◽  
Suicide Risk ◽  
Stressful Events ◽  
Additional Risk ◽  
Global Health Issue ◽  
History Of ◽  
Hpa Axis Activity ◽  
The Impact

Suicide is a global health issue accounting for at least 800,000 deaths per annum. Numerous models have been proposed that differ in their emphasis on the role of psychological, social, psychiatric and neurobiological factors in explaining suicide risk. Central to many models is a stress-diathesis component which states that suicidal behavior is the result of an interaction between acutely stressful events and a susceptibility to suicidal behavior (a diathesis). This article presents an overview of studies that demonstrate that stress and dysregulated hypothalamic-pituitary-adrenal (HPA) axis activity, as measured by cortisol levels, are important additional risk factors for suicide. Evidence for other putative stress-related suicide risk factors including childhood trauma, impaired executive function, impulsivity and disrupted sleep are considered together with the impact of family history of suicide, perinatal and epigenetic influences on suicide risk.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

Setting the Stage

2017 ◽  
Author(s):  
Fred L. Borch
Keyword(s):  
World War Ii ◽  
Japanese Occupation ◽  
East Indies ◽  
Indonesian Archipelago ◽  
Ethical Policy ◽  
Netherlands East Indies ◽  
History Of ◽  
Colonial Economy ◽  
The Impact

Explores the role of the Dutch in the Indies from 1595, when sailors from Amsterdam first arrived in the islands, to 1942, when the Japanese invaded the colony and inflicted a devastating defeat upon the Dutch. The history of the Dutch in the Indonesian archipelago is critical to understanding the impact of the Japanese occupation after 1942, and the nature of the war crimes committed by the Japanese. This is because the ultimate goal of the Japanese occupiers was to erase all aspects of Dutch culture and influence the islands. The chapter begins with an examination of the early Dutch settlement of the islands, and the development of the colonial economy. It then discusses the so-called “Ethical Policy,” which sought to unify the islands under Dutch rule and implement European ideas about civilization, culture, and prosperity. The chapter looks at the colony’s social structure prior to World War II and closes with a discussion of the colony’s preparations for war with the Japanese in 1942. A short postscript explains what occurred between August 1945, when the Japanese surrendered, and December 1949, when the Netherlands East Indies ceased to exist.

A Rhetorics of the Word

2019 ◽  
Author(s):  
George Pattison
Keyword(s):  
Political Discourse ◽  
Philosophical Tradition ◽  
Final Part ◽  
Communications Technology ◽  
Christian Life ◽  
Call And Response ◽  
Hermann Broch ◽  
The Subject ◽  
The Impact

A Rhetorics of the Word is the second volume of a three-part philosophy of Christian life. It approaches Christian life as expressive of a divine calling or vocation. The word Church (ekklesia) and the role of naming in baptism indicate the fundamental place of calling in Christian life. However, ideas of vocation are difficult to access in a world shaped by the experience of disenchantment. The difficulties of articulating vocation are explored with reference to Weber, Heidegger, and Kierkegaard. These are further connected to a general crisis of language, manifesting in the degradation of political discourse (Arendt) and the impact of new communications technology on human discourse. This impact can be seen as reinforcing an occlusion of language in favour of rationality already evidenced in the philosophical tradition and technocratic management. New possibilities for thinking vocation are pursued through the biblical prophets (with emphasis on Buber’s and Rosenzweig’s reinterpretation of the call of Moses), Saint John, and Russian philosophies of language (Florensky to Bakhtin). Vocation emerges as bound up with the possibility of being name-bearers, enabling a mutuality of call and response. This is then evidenced further in ethics and poetics, where Levinas and Hermann Broch (The Death of Virgil) become major points of reference. In conclusion, the themes of calling and the name are seen to shape the possibility of love—the subject of the final part of the philosophy of Christian life: A Metaphysics of Love.

The Role of Oil and Gas in the Economic Development of the Global Economy

2018 ◽  
Author(s):  
Paul Stevens
Keyword(s):  
Economic Development ◽  
Global Economy ◽  
Oil And Gas ◽  
Primary Energy ◽  
Oil And Gas Producers ◽  
The Future ◽  
History Of ◽  
Factor Inputs ◽  
The Impact

This chapter is concerned with the role of oil and gas in the economic development of the global economy. It focuses on the context in which established and newer oil and gas producers in developing countries must frame their policies to optimize the benefits of such resources. It outlines a history of the issue over the last twenty-five years. It considers oil and gas as factor inputs, their role in global trade, the role of oil prices in the macroeconomy and the impact of the geopolitics of oil and gas. It then considers various conventional views of the future of oil and gas in the primary energy mix. Finally, it challenges the drivers behind these conventional views of the future with an emphasis on why they may prove to be different from what is expected and how this may change the context in which producers must frame their policy responses.

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