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Book The Pragmatism and Prejudice of Oliver Wendell Holmes Jr

Download or read book The Pragmatism and Prejudice of Oliver Wendell Holmes Jr written by Seth Vannatta and published by Rowman & Littlefield. This book was released on 2019-06-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which various scholarly labels are appropriate for the work of Oliver Wendell Holmes, Jr. As Louis Menand wrote, “Holmes has been called a formalist, a positivist, a utilitarian, a realist, a historicist, a pragmatist, (not to mention a nihilist).” Each of the eight chapters investigates one label, analyzes the secondary texts that support the use of the term to characterize Holmes’s philosophy, and takes a stand on whether or not the category is appropriate for Holmes by assessing his judicial and nonjudicial publications, including his books, articles, and posthumously published correspondences. The thrust of the collection as a whole, nevertheless, bends toward the stance that Holmes is a pragmatist in his jurisprudence, ethics, and politics. The final chapter, by Susan Haack, makes that case explicitly. Edited by Seth Vannatta, this book will be of particular interest to students and faculty working in law, jurisprudence, philosophy, intellectual history, American Studies, political science, and constitutional theory.

Book Stereoscopic Law

    Book Details:
  • Author : Alexander Lian
  • Publisher : Cambridge University Press
  • Release : 2020-12-03
  • ISBN : 1108600689
  • Pages : 537 pages

Download or read book Stereoscopic Law written by Alexander Lian and published by Cambridge University Press. This book was released on 2020-12-03 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.

Book Quine  Conceptual Pragmatism  and the Analytic Synthetic Distinction

Download or read book Quine Conceptual Pragmatism and the Analytic Synthetic Distinction written by Robert Sinclair and published by Rowman & Littlefield. This book was released on 2022-08-01 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: W. V. Quine’s occasional references to his ‘pragmatism’ have often been interpreted as suggesting a possible link to the American Pragmatism of Peirce, James, and Dewey. Quine, Conceptual Pragmatism, and the Analytic-Synthetic Distinction argues that the influence of pragmatism on Quine’s philosophy is more accurately traced to his teacher C.I. Lewis and his conceptual pragmatism from Mind and the World Order, and his later An Analysis of Knowledge and Valuation. Quine’s epistemological views share many affinities with Lewis’s conceptual pragmatism, where knowledge is conceived as a conceptual framework pragmatically revised in light of what future experience reveals. Robert Sinclair further defends and elaborates on this claim by showing how Lewis’s influence can be seen in several key episodes in Quine’s philosophical development. This not only highlights a forgotten element of the epistemological backdrop to Quine’s mid-century criticism of the analytic-synthetic distinction, but Sinclair further argues that it provides the central epistemological framework for the form and content of Quine’s later naturalized conception of epistemology.

Book Pragmatism  Logic  and Law

    Book Details:
  • Author : Frederic Kellogg
  • Publisher : Rowman & Littlefield
  • Release : 2020-12-10
  • ISBN : 1793616981
  • Pages : 203 pages

Download or read book Pragmatism Logic and Law written by Frederic Kellogg and published by Rowman & Littlefield. This book was released on 2020-12-10 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.

Book Pragmatist and American Philosophical Perspectives on Resilience

Download or read book Pragmatist and American Philosophical Perspectives on Resilience written by Kelly A. Parker and published by Rowman & Littlefield. This book was released on 2019-12-03 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in Pragmatist and American Philosophical Perspectives on Resilience offer a survey of the ways that “resilience” is becoming a key concept for understanding our world, as well as providing deeper insight about its specific actual and proposed applications. As a concept with multiple theoretical and practical meanings, “resilience” promises considerable explanatory power. At the same time, current uses of the concept can be diverse and at times inconsistent. The American philosophical tradition provides tools uniquely suited for clarifying, extending, and applying emerging concepts in more effective and suggestive ways. This collection explores the usefulness of theoretical work in American philosophy and pragmatism to practices in ecology, community, rurality, and psychology.

Book Peirce Mattering

    Book Details:
  • Author : Dorothea Sophia
  • Publisher : Rowman & Littlefield
  • Release : 2023-04-15
  • ISBN : 1793654115
  • Pages : 231 pages

Download or read book Peirce Mattering written by Dorothea Sophia and published by Rowman & Littlefield. This book was released on 2023-04-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores "real" valuation through tracing the pragmatic meanings of "mattering." Employing Peirce's overall pragmatic method and realism to understand what we mean when we say something "matters," it encourages consideration of the practices we engage in, the values attached to those practices, and their consequences.

Book From American Empire to Am  rica C  smica Through Philosophy

Download or read book From American Empire to Am rica C smica Through Philosophy written by Terrance MacMullan and published by Rowman & Littlefield. This book was released on 2023-08-08 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines points of meaningful affinity as well as contention and misrecognition between philosophical traditions of the Americas. Using Rodó’s metaphors from The Tempest, it reflects on the perils and possibilities for Inter-American philosophy as an established historical fact, a form of propaganda, or as a legitimate aspiration.

Book William James  Essays in Radical Empiricism

Download or read book William James Essays in Radical Empiricism written by H. G. Callaway and published by Rowman & Littlefield. This book was released on 2022-06-06 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: H.G. Callaway’s critical edition of William James's Essays in Radical Empiricism evaluates this classic work of American philosophy and the pragmatist tradition partly on the basis of the functional psychology of James's magnum opus, The Principles of Psychology. The edition also brings in later, Darwinian-functionalist, American psychology—which James did much to inspire—and contemporary developments in functional, cognitive psychology and neuroscience. James’s own text has been annotated throughout to render his references and theoretical concerns explicit and to briefly indicate points of criticism. The edition features an expanded bibliography that includes both historical and contemporary sources, as well as a new, comprehensive index. The chief arguments of the edition center on criticism of James's claims for "radical empiricism," his doctrine of "pure experience," and the doubtful role as evidence James attributed to stand-alone introspection and Jamesian “retrospection.” Enlisting results from the logic of relations, contemporary empiricism, historical and contemporary developments in cognitive psychology, and experimental neuroscience, Callaway argues for the importance of James on functional relations—to be interpreted in the manner of the scientific naturalism prominent in The Principles of Psychology. Too often, James’s late philosophical views have overshadowed the accomplishments of his earlier work in psychology. Overall, this new edition indicates the scientific virtues of functionalism in cognitive psychology and shows the relevance of James’s functional psychology to contemporary cognitive theory.

Book Reconstructing the Personal Library of William James

Download or read book Reconstructing the Personal Library of William James written by Ermine L. Algaier and published by Rowman & Littlefield. This book was released on 2019-11-23 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: While a reconstruction of the whole of William James’s personal library isn’t feasible, there are significant portions of it that reside within the Harvard University Library system and this book is a partial reconstruction of their story. Reconstructing the Personal Library of William James offers a new, comprehensive account of the James collection at Harvard University, bringing together all known Harvard-owned entries into one comprehensive volume. The annotated bibliography contains data on 2,554 entries (2,862 volumes) from James’s personal library, including both the 1923 “Philosophical Library” and all known additional donations by James and his family. . Each entry, when applicable, contains the following data points: Harvard Library location and call number, provenance, bookplate, accession record, autographs, inscriptions, ownership marks, indexical annotations, markings, and marginalia. To orient the reader, Ermine L. Algaier IV supplements the bibliography with essays that examine the history of the James’s library at Harvard, assess the size of the collection and how it came to reside at Harvard, and showcase patterns that emerge from looking at the collection as a whole. Additional essays are devoted to explaining the source lists and archival resources used in reconstructing James’s personal library, as well as outlining steps for continued research on the collection.

Book Endurance Sport and the American Philosophical Tradition

Download or read book Endurance Sport and the American Philosophical Tradition written by Douglas Hochstetler and published by Rowman & Littlefield. This book was released on 2020-01-15 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Endurance Sport and the American Philosophical Tradition, edited by Douglas R. Hochstetler, analyzes the relationship between endurance sports—such as running, cycling, and swimming–and themes from the American philosophical tradition. The contributors enter into dialogue with writers such as Ralph Waldo Emerson, William James, Henry David Thoreau, and John Dewey, as well as more recent scholars such as John McDermott and bell hooks. Examining American philosophical themes informs issues in endurance sport, and the experiential nature of endurance sport helps address philosophical issues and explain philosophical themes in American philosophy. The chapters bear witness to the fact that philosophy is not limited to abstract notions such as justice, truth, happiness, and so forth, but intersects with and has a bearing on our human endeavors of work and play. Furthermore, the themes centrally related to the American philosophical tradition align closely with the challenges and experiences present and faced by runners, cyclists, swimmers, and endurance athletes in general.

Book Richard Rorty and the Problem of Postmodern Experience

Download or read book Richard Rorty and the Problem of Postmodern Experience written by Tobias Timm and published by Rowman & Littlefield. This book was released on 2019-07-05 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard Rorty, perhaps the most important philosopher of the past century, refused to write meaningfully about experience due to his postmodern inclination to associate experience with a belief in objectivity and foundational truths. Richard Rorty and the Problem of Postmodern Experience: A Reconstruction explores the context, reasoning, and consequences of this resistance. While for much of our history experience was valued for its potential to teach us about the world, Rorty and his fellow postmodern thinkers encouraged us to doubt the narrative that we can use experience to make epistemological progress. Rather than pursue universal truths about the world, Rorty suggested that we recognize all of our beliefs about the world as being social constructions. In his project to recover a concept of experience from within the framework Rorty has constructed, Tobias Timm describes how classical pragmatist theories of experience are naïve about the problem of foundationalism. He also explains how the most common phenomenological work lacks an active subject; experience here is simply something that happens to us, rather than something we actively seek to improve. Timm demonstrates that despite Rorty’s insistence that we talk about language instead of experience, there are strong experiential elements in his work. Rorty’s romanticism, and his optimism about the accomplishments of western culture, are remedial to the pessimism of postmodern discussions about experience.

Book Rorty  Religion  and Metaphysics

Download or read book Rorty Religion and Metaphysics written by John Owens and published by Rowman & Littlefield. This book was released on 2019-09-05 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Believing that humanity would be better off if it simply dropped its traditional religious and metaphysical beliefs, Richard Rorty proposes an alternative approach, drawn from the American pragmatist tradition, where things get their significance against a background of broad human interests, and knowledge is regarded as part of the active pursuit of a better world. Rorty, Religion, and Metaphysics argues that while Rorty’s case is clearly and robustly made, it is fundamentally challenged by the phenomenon of human recognition, the relationship that arises between people when they talk to one another. John Owens demonstrates that recognition, so central to human life, cannot be accommodated within Rorty’s proposals, given that it precisely attributes a reality to others that goes beyond anything a pragmatist framework can offer. It follows that there is more to human interaction than can be explained by Rorty’s pragmatism.

Book Ontology after Philosophical Psychology

Download or read book Ontology after Philosophical Psychology written by Michela Bella and published by Rowman & Littlefield. This book was released on 2019-08-21 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ontology after Philosophical Psychology addresses the question of William James’s continuity of consciousness, with a view to its possible actualizations. In particular, Michela Bella critically delineates James's discourse. In the wake of Darwin's theory of evolution at the end of the nineteenth century, James's reflections emerged in the field of physiological psychology, where he developed for the case for a renewed epistemology and a new metaphysical framework to help us understand the most interesting theories and scientific discoveries about the human mind. Bella’s analysis of the theme of continuity makes it possible to appreciate, both historically and theoretically, the importance of James's gradual transition from making observations of experimental psychology on the continuity of thought to developing an epistemological and ontological argument that continuity is a characteristic of experience and reality. This analysis makes it possible both to clarify James's position in relation to his historical context and to highlight the most original results of his work.

Book The Three Ps of Liberty

Download or read book The Three Ps of Liberty written by Allen Mendenhall and published by Springer Nature. This book was released on 2020-03-12 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the “three Ps” of liberty: pragmatism, pluralism, and polycentricity. These concepts enrich the complex tradition of classical liberal jurisprudence, providing workable solutions based on the decentralization, diffusion, and dispersal of power.

Book Competing Orders of Medical Care in Ethiopia

Download or read book Competing Orders of Medical Care in Ethiopia written by Pino Schirripa and published by Rowman & Littlefield. This book was released on 2019-08-27 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on Pino Schirripa’s fieldwork, Competing Orders of Medical Care in Ethiopia traces the development of pharmaceutical products and medical remedies in the health sector. Schirripa analyzes the production and distribution of medications and examines how local politics, financial resources, social relations, and neoliberal beliefs can make some treatments more widespread and accepted than others. Schirripa’s observations of Ethiopian healing systems and social relations provide new insight into the complex process of prescription.

Book The Legacy of Oliver Wendell Holmes  Jr

Download or read book The Legacy of Oliver Wendell Holmes Jr written by Robert Watson Gordon and published by Stanford University Press. This book was released on 1992 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On his retirement from the Supreme Court at the age of 90 in 1932, Oliver Wendell Holmes, Jr. was celebrated as few judges have ever been, beloved and revered as a national treasure. Holmes's influence, magnified into legend by the attention he has continued to receive, has helped to constitute the identity of the legal profession, the conception of the judicial function, and the role of the public intellectual in modern American culture." "The present collection of seven essays attempts to view Holmes's work apart from the restricted framework supplied by traditional jurisprudence by reassessing Holmes as an intellectual, a legal theorist, and an iconic public figure and culture hero. Each essay adds something new and distinctive to the scholarly controversies that have surrounded Holmes for over a century." "J. W. Burrow begins the volume by looking at Holmes's relations to various strands of Victorian social thought. she next three essays approach, each from a different angle, the problem of Holmes's relationship to formalism or classical orthodoxy in legal thought. Morton Horwitz provides a sweeping reassessment of the development of Holmes's legal thinking between the early period of the 1870's and 1880's and "The Path of the Law" in 1897. Mathias Reimann presents the first thorough exploration of Holmes's use - misuse, more often - of German philosophy, notably his discrediting, in The Common Law, of the legacy of Kant and Hegel. Stephen Diamond approaches Holmes's jurisprudence and his broader social and personal views by another original pathway, his legal opinions in taxation cases and his private views on taxation." "The final three essays consider Holmes as a man of letters and "representative" man of the American scene, both as he created himself and as he was created by others. Robert Ferguson shows how Holmes deliberately went about the work of fashioning the public persona of a judge. Peter Gibian shows how Holmes's construction of his public style was formed as a deliberate reaction against that of his famous father, Dr. Oliver Wendell Holmes, Sr. The final essay by David Hollinger has a dual purpose: to ask what Holmes meant by the "scientific way of looking at the world" and to discover how Holmes came to be such a hero to liberal Jewish intellectuals like Felix Frankfurter and Harold J. Laski."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Book The Promise of Pragmatism

    Book Details:
  • Author : John Patrick Diggins
  • Publisher : University of Chicago Press
  • Release : 1995-05-15
  • ISBN : 9780226148793
  • Pages : 534 pages

Download or read book The Promise of Pragmatism written by John Patrick Diggins and published by University of Chicago Press. This book was released on 1995-05-15 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of our century, pragmatism has enjoyed a charmed life, holding the dominant point of view in American politics, law, education, and social thought in general. After suffering a brief eclipse in the post-World War II period, pragmatism has enjoyed a revival, especially in literary theory and such areas as poststructuralism and deconstruction. In this sweeping critique of pragmatism and neopragmatism, one of our leading intellectual historians traces the attempts of thinkers from William James to Richard Rorty to find a response to the crisis of modernism. John Patrick Diggins analyzes the limitations of pragmatism from a historical perspective and dares to ask whether America's one original contribution to the world of philosophy has actually fulfilled its promise. In the late nineteenth century, intellectuals felt themselves in the grips of a spiritual crisis. This confrontation with the "acids of modernity" eroded older faiths and led to a sense that life would continue in the awareness, of absences: knowledge without truth, power without authority, society without spirit, self without identity, politics without virtue, existence without purpose, history without meaning. In Europe, Friedrich Nietzsche and Max Weber faced a world in which God was "dead" and society was succumbing to structures of power and domination. In America, Henry Adams resigned from Harvard when he realized there were no truths to be taught and when he could only conclude: "Experience ceases to educate." To the American philosophers of pragmatism, it was experience that provided the basis on which new methods of knowing could replace older ideas of truth. Diggins examines how, in different ways, William James, Charles Peirce, John Dewey, George H. Mead, and Oliver Wendell Holmes, Jr., demonstrated that modernism posed no obstacle in fields such as science, education, religion, law, politics, and diplomacy. Diggins also examines the work of the neopragmatists Jurgen Habermas and Richard Rorty and their attempt to resolve the crisis of postmodernism. Using one author to interrogate another, Diggins brilliantly allows the ideas to speak to our conditions as well as theirs. Did the older philosophers succeed in fulfilling the promises of pragmatism? Can the neopragmatists write their way out of what they have thought themselves into? And does America need philosophers to tell us that we do not need foundational truths when the Founders already told us that the Constitution would be a "machine" that would depend more upon the "counterpoise" of power than on the claims of knowledge? Diggins addresses these and other essential questions in this magisterial account of twentieth-century intellectual life. It should be read by everyone concerned about the roots of postmodernism (and its links to pragmatism) and about the forms of thought and action available for confronting a world after postmodernism.