The Intellectual Commitments of Modern Juridical Thought

2010 ◽  
Vol 23 (2) ◽  
pp. 461-482
Author(s):  
Sean Coyle

To modern writers, the distinctive achievement of twentieth-century jurisprudence can be viewed as its emancipation from the narrow confines of English utilitarianism, and the subsequent development of perspectives rooted in the fundamental values of justice and rights. The central jurisprudential task of the new century is thus the exploration of a deeper, more elusive moral standpoint, the most profound intellectual commitments of which are yet to be fully digested and understood. My aim in this essay is to reveal something of the character of those commitments by considering the relationship of our present thinking about law and morality to its historical development.

2019 ◽  
Vol 58 (2) ◽  
pp. 249-259
Author(s):  
Joseph Acquisto

This essay examines a polemic between two Baudelaire critics of the 1930s, Jean Cassou and Benjamin Fondane, which centered on the relationship of poetry to progressive politics and metaphysics. I argue that a return to Baudelaire's poetry can yield insight into what seems like an impasse in Cassou and Fondane. Baudelaire provides the possibility of realigning metaphysics and politics so that poetry has the potential to become the space in which we can begin to think the two of them together, as opposed to seeing them in unresolvable tension. Or rather, the tension that Baudelaire animates between the two allows us a new way of thinking about the role of esthetics in moments of political crisis. We can in some ways see Baudelaire as responding, avant la lettre, to two of his early twentieth-century readers who correctly perceived his work as the space that breathes a new urgency into the questions of how modern poetry relates to the world from which it springs and in which it intervenes.


2020 ◽  
Vol 38 (1) ◽  
pp. 44-66
Author(s):  
Christine Adams

The relationship of the French king and royal mistress, complementary but unequal, embodied the Gallic singularity; the royal mistress exercised a civilizing manner and the soft power of women on the king’s behalf. However, both her contemporaries and nineteenth- and early twentieth-century historians were uncomfortable with the mistress’s political power. Furthermore, paradoxical attitudes about French womanhood have led to analyses of her role that are often contradictory. Royal mistresses have simultaneously been celebrated for their civilizing effect in the realm of culture, chided for their frivolous expenditures on clothing and jewelry, and excoriated for their dangerous meddling in politics. Their increasing visibility in the political realm by the eighteenth century led many to blame Louis XV’s mistresses—along with Queen Marie-Antoinette, who exercised a similar influence over her husband, Louis XVI—for the degradation and eventual fall of the monarchy. This article reexamines the historiography of the royal mistress.


Author(s):  
Alison James

This book studies the documentary impulse that plays a central role in twentieth-century French literature. Focusing on nonfiction narratives, it analyzes the use of documents—pieces of textual or visual evidence incorporated into the literary work to relay and interrogate reality. It traces the emergence of an enduring concern with factual reference in texts that engage with current events or the historical archive. Writers idealize the document as a fragment of raw reality, but also reveal its constructed and mediated nature and integrate it as a voice within a larger composition. This ambivalent documentary imagination, present in works by Gide, Breton, Aragon, Yourcenar, Duras, and Modiano (among others), shapes the relationship of literature to visual media, testimonial discourses, and self-representation. Far from turning away from realism in the twentieth century, French literature often turns to the document as a site of both modernist experiment and engagement with the world.


PEDIATRICS ◽  
1982 ◽  
Vol 69 (5) ◽  
pp. 537-543
Author(s):  
Marie C. McCormick ◽  
Sam Shapiro ◽  
Barbara Starfield

A mother's expectations about the development of her infant have been found to be a strong determinant of child development, but little is known about the factors that may affect maternal assessment of development. In this study, the relationship of the mother's opinion of the development of her infant with several sociodemographic, antenatal, intrapartum, and infant health variables was examined for a large sample of 1-year-old infants for whom gross motor observations were also obtained at the time of the interview. Among those observed to be developing at an appropriate rate, 4.0% were perceived by their mothers as developing more slowly than the mothers considered normal; among infants developing more slowly, 28.6% were considered to be developing slowly by their mothers. In both groups, the major determinants of maternal opinion of slow development concerned the infant's health: low birth weight, congenital anomalies regardless of severity, hospitalization during the first year of life, and high ambulatory care use. These results indicate that maternal perception of infant development may not reflect the infant's level, but past or present illness, and raise questions about the influence of infant health on maternal-infant interactions and the effect of such interactions on subsequent development in the child.


Author(s):  
Sanford Levinson

This chapter considers the relationship between the Constitution—and the sovereign people ostensibly represented in its terms—and morality. Constitution faith requires the linkage of law and morality even as most twentieth-century jurisprudence has emphasized their analytic separation. All calls for renewed faith in the rule of law and renewal of the constitutional covenant imply that submission to the Constitution will create not only order but also the conditions of a social order worthy of respect. In order to see the logic and desirability of submission to the rule of the Constitution, the assumed linkage between it and morality must be closely examined.


Author(s):  
Thomas Barfield

This chapter looks at the first decade of the twenty-first century in Afghanistan. As the twentieth century ended, ever-larger numbers of Afghans had become caught up in political and military struggles from which they had been previously isolated. Whether as fighters, refugees, or just victims of war and disorder, few escaped the turmoil that roiled the country. Ethnic and regional groups in Afghanistan had become politically and militarily empowered, reversing the process of centralization that had been imposed by Amir Abdur Rahman. Yet when the international community set about creating the new Afghan constitution, it did not start afresh but attempted to restore the institutions of old. This brought to the surface long-simmering disputes about the relationship of the national government to local communities, the legitimacy of governments and rulers, and the relationship that Afghanistan should have with the outside world.


Author(s):  
Joseph Lawson

This chapter considers the history of alcohol in Nuosu Yi society in relation to the formal codification of a Yi heritage of alcohol-related culture, and the question of alcohol in Yi health. The relationship of newly invented tradition to older practice and thought is often obscure in studies that lack historical perspective. Examining the historical narratives associated with the exposition of a Yi heritage of alcohol, this study reveals that those narratives are woven from a tapestry of threads with histories of their own, and they therefore shape present-day heritage work. After a brief overview of ideas about alcohol in contemporary discourses on Yi heritage, the chapter then analyses historical texts to argue that many of these ideas are remarkably similar to ones that emerged in the context of nineteenth and early twentieth century contact between Yi and Han communities.


2010 ◽  
Vol 1 (3) ◽  
pp. 227-238 ◽  
Author(s):  
Kai P. Purnhagen

Rarely has international law been investigated from a Business to Agency (B2A) or even Agency to Agency (A2A) perspective. In recent years, the “mushrooming” of agencies at European level has triggered the importance of looking more closely into the relationship of the agencies towards each other. Is there a struggle over competences and regulatory objects, and would such competition lead to desirable outcomes? In this paper I will first show that, due to the historical development of administrative law in Europe and the USA, the perception of the desirability of agency competition differs. I will then contrast these findings with EU pharmaceutical law and show that it tends to avoid competition. Also, in practice, competition among agencies is still exceptional for European pharmaceutical regulation. Finally, I conclude these findings and hint at the limits of the desired process for further coherence. Although a move towards even greater convergence in European risk regulation is desirable, it does have its limits set by the principle of conferral in Article 5 (1, 2) EU read in conjunction with the areas of shared competence and the competence to support, coordinate and supplement.


1975 ◽  
Vol 7 (1) ◽  
pp. 1-4 ◽  
Author(s):  
John A. Ewing

The historical development of Agricultural Economics as a field of applied economics has been well-documented in books and journals by scholars within the profession. The relationship of Agricultural Economics to other social, biological and natural sciences has changed as the discipline has emerged and as forces of science and technology have been brought to bear on problems of our society.The objective of this paper is to define or establish the parameters of Agricultural Economics but offer personal views on how economic forces within our economy have influenced program development in research involving many disciplines. In this process I will emphasize some of the areas where Agricultural Economics has made a major contribution and, in my judgement, can play an important role in the future.


Author(s):  
Randall Halle

This chapter looks at the latter part of the nineteenth century when film makes its appearance, and at which point old multiethnic empires such as the Austro-Hungarian, the Russian, or the Ottoman competed with the colonial powers of France and Great Britain, and new rising powers like the German Empire, for world domination. The moving image that entered into the medial apparatus intimately connected to questions of nationalism and imperialism. The chapter focuses on the historical development of cinema from the early silent to early sound eras. It seeks to revise that history by considering the relationship of the cinematic apparatus to the imperial and national social configuration, while underscoring the production of interzones in those relationships.


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