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Judged: The Value of Being Misunderstood
by Ziyad MararEveryone worries about being judged. One foolish tweet can destroy a career, one careless image can ruin a reputation. Yet judgement is inescapable; we cannot be social beings without judging and being judged. We're stuck with judgement and all the awkwardness, embarrassment, shame, guilt and loneliness that can come with that. Yet all is not lost in this arena of snap verdicts and social misfires. In this sensitive and creative book, Ziyad Marar reclaims judgement proposing that we need it in order to value ourselves and others; we can't live abundantly without the peaks and troughs of judgement. Drawing upon psychology, philosophy, TV, Film, poetry and literature, Marar reveals a world which takes seriously our need to reach out and connect and one where hope, however tentative, can blossom. There are no easy answers here, but there are moments where our judging can become generous and forgiving; moments where the cracks in the world feel like possibilities rather than dead ends, moments when the light comes in.
Judgement and the Epistemic Foundation of Logic (Logic, Epistemology, and the Unity of Science #31)
by Maria van der SchaarThis compelling reevaluation of the relationship between logic and knowledge affirms the key role that the notion of judgement must play in such a review. The commentary repatriates the concept of judgement in the discussion, banished in recent times by the logical positivism of Wittgenstein, Hilbert and Schlick, and the Platonism of Bolzano. The volume commences with the insights of Swedish philosopher Per Martin-Löf, the father of constructive type theory, for whom logic is a demonstrative science in which judgement is a settled feature of the landscape. His paper opens the first of four sections that examine, in turn, historical philosophical assessments of judgement and reason; their place in early modern philosophy; the notion of judgement and logical theory in Wolff, Kant and Neo-Kantians like Windelband; their development in the Husserlian phenomenological paradigm; and the work of Bolzano, Russell and Frege. The papers, whose authors include Per Martin-Löf, Göran Sundholm, Michael Della Rocca and Robin Rollinger, represent a finely judged editorial selection highlighting work on philosophers exercised by the question of whether or not an epistemic notion of judgement has a role to play in logic. The volume will be of profound interest to students and academicians for its application of historical developments in philosophy to the solution of vexatious contemporary issues in the foundation of logic.
Judgement and Truth in Early Analytic Philosophy and Phenomenology (History of Analytic Philosophy)
by Mark TextorWhat is judgement? is a question that has exercised generations of philosophers. Early analytic philosophers (Frege, Russell and Wittgenstein) and phenomenologists (Brentano, Husserl and Reinach) changed how philosophers think about this question. This book explores and assesses their contributions and help us to retrace their steps.
Judges and Adjudication in Constitutional Democracies: A View from Legal Realism (Law and Philosophy Library #135)
by Pierluigi Chiassoni Bojan SpaićThe book offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, the book purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, the book also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Judging and Understanding: Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation
by Pedro Alexis TabenskyThis collection embodies a debate that explores what could be characterised as the tension between judging and understanding. It seems that after a particular threshold of understanding of the basic facts leading to a given moral transgression, the more we understand the context and motives leading to crime, the more likely we are to abstain from harsh retributive judgement. Martha Nussbaum‘s essayEquity and Mercy included in this collection, is the philosophical starting point of this debate, and Bernhard Schlink‘s novel The Reader - a novel exploring the tension between judging and understanding, among other things - is used as a case study by most contributors. Some contributors, situated at one end of the spectrum of views represented in this collection, argue for the wholesale elimination of our practices of retribution in the light of the tension between judging and understanding, while contributors on the other side of the spectrum argue that the tension does not actually exist. A whole array of intermediate positions, including Nussbaum‘s, are represented. This anthology is comprised of nearly all specially commissioned essays bringing together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for properly understanding whether in fact there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
Judging and Understanding: Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation
by Pedro Alexis TabenskyThis collection embodies a debate that explores what could be characterised as the tension between judging and understanding. It seems that after a particular threshold of understanding of the basic facts leading to a given moral transgression, the more we understand the context and motives leading to crime, the more likely we are to abstain from harsh retributive judgement. Martha Nussbaum‘s essayEquity and Mercy included in this collection, is the philosophical starting point of this debate, and Bernhard Schlink‘s novel The Reader - a novel exploring the tension between judging and understanding, among other things - is used as a case study by most contributors. Some contributors, situated at one end of the spectrum of views represented in this collection, argue for the wholesale elimination of our practices of retribution in the light of the tension between judging and understanding, while contributors on the other side of the spectrum argue that the tension does not actually exist. A whole array of intermediate positions, including Nussbaum‘s, are represented. This anthology is comprised of nearly all specially commissioned essays bringing together work dealing with the moral, metaphysical, epistemological and phenomenological issues required for properly understanding whether in fact there is a tension between judging and understanding and what the moral and legal implications may be of accepting or rejecting this tension.
Judging Appearances: A Phenomenological Study of the Kantian sensus communis (Phaenomenologica #156)
by E.E. KleistKant's Critique of Judgment accounts for the sharing of a common world, experienced affectively, by a diverse human plurality. In order to appreciate Kant's project, Judging Appearances retrieves the connection between appearance and judgment in the Critique of Judgment. Kleist emphasizes the important but neglected idea of a sensus communis, which provides the indeterminate criterion for judgments regarding appearance. Judging Appearances examines the themes of appearance and judgment against the background of Kant's debt to Leibniz and Shaftesbury. Drawing upon treatments by Husserl, Sartre, Ricoeur and Arendt, Kleist delineates the proto-phenomenological method through which Kant uncovers the idea of a sensus communis. Kleist shows that taste is a discipline of opening oneself to appearance, requiring a subject who dwells in a common world of appearances among a diverse human plurality. This volume will prove valuable for anyone interested in a fresh approach to themes at the heart of Kant's aesthetics.
Judging Free Speech: First Amendment Jurisprudence of US Supreme Court Justices
by H. Knowles S. LichtmanJudging Free Speech contains nine original essays by political scientists and law professors, each providing a comprehensive, yet concise and accessible overview of the free speech jurisprudence of a United States Supreme Court Justice.
Judging Lyotard (Warwick Studies in Philosophy and Literature)
by Andew BenjaminThe work of Jean-Francois Lyotard signals the return of judgement to the centre of philosophical concerns. This collection of papers is the first devoted to his work and provides an estimation and critique of his writings, and included Lyotard's important essay on Sensus Communis.
Judging Lyotard (Warwick Studies in Philosophy and Literature)
by Andrew BenjaminThe work of Jean-Francois Lyotard signals the return of judgement to the centre of philosophical concerns. This collection of papers is the first devoted to his work and provides an estimation and critique of his writings, and included Lyotard's important essay on Sensus Communis.
Judging the Past: Ethics, History and Memory
by Geoffrey ScarreThis book presents an extended argument for the thesis that people of the present day are not debarred in principle from passing moral judgement on people who lived in former days, notwithstanding the inevitable differences in social and cultural circumstances that separate us. Some philosophers argue that because we can see things only from our own peculiar historical situation, we lack a sufficiently objective vantage point from which to appraise past people and their acts. If they are correct, then the judgements passed by twenty-first-century people must inevitably be biased and irrelevant, grounded on moral standards that would have seemed alien in that 'foreign country' of the past. This book challenges this relativistic position, contending that it seriously underestimates our ability to engage imaginatively with people who, however much their lifestyles may have differed from our own, were our fellow human beings, endowed with the same basic instincts, aversions, desires and aspirations. Taking a stand on a naturalistic theory of human beings, coupled with a Kantian conception of the equal worth of all human members of the Kingdom of Ends, Scarre argues that historical moral judgements can be sensitive to circumstances, fitting and fair, and untainted by anachronism. The discussion ends by examining the implications of this position for the practice of historians and for the ethics of memory and commemoration.
Judging War, Judging History: Behind Truth And Reconciliation (pdf) (Stanford Studies In Human Rights Ser.)
by Pierre Hazan Sarah Meyer De StadelhofenIn the aftermath of violence and war, justice for crimes committed may be the only possibility for restoring and healing communities. This book documents both the strengths and limitations of truth commissions and international criminal law in reconciling divided societies.
Judgment After Arendt
by Max DeutscherJudgment After Arendt is both the first full-length study of Hannah Arendt's The Life of the Mind and, at the same time, a philosophical work on the core concepts of thinking, willing and judging. Comprised of Thinking and Willing, her final and most sustained philosophical project, Arendt's work is framed by the 'thought-less' Adolf Eichmann whose 'banality' of mind in committing evil she observed at his trial in Jerusalem. Arendt's project, cut short by her death, was to have included Judgment. Without judgment, she argued, a life of thought and of will can still collude with evil. In analysing Arendt's work Deutscher develops this theme of judgment and shows how, by drawing upon literature, history, myth and idiom, Arendt contributes significantly to contemporary philosophy.
Judgment After Arendt
by Max DeutscherJudgment After Arendt is both the first full-length study of Hannah Arendt's The Life of the Mind and, at the same time, a philosophical work on the core concepts of thinking, willing and judging. Comprised of Thinking and Willing, her final and most sustained philosophical project, Arendt's work is framed by the 'thought-less' Adolf Eichmann whose 'banality' of mind in committing evil she observed at his trial in Jerusalem. Arendt's project, cut short by her death, was to have included Judgment. Without judgment, she argued, a life of thought and of will can still collude with evil. In analysing Arendt's work Deutscher develops this theme of judgment and shows how, by drawing upon literature, history, myth and idiom, Arendt contributes significantly to contemporary philosophy.
Judgment and Agency
by Ernest SosaErnest Sosa extends his distinctive approach to epistemology, intertwining issues concerning the role of the will in judgment and belief with issues of epistemic evaluation. Questions about skepticism and the nature of knowledge are at the forefront. The answers defended are new in their explicit and sustained focus on judgment and epistemic agency. While noting that human knowledge trades on distinctive psychological capacities, Sosa also emphasizes the role of the social in human knowledge. Basic animal knowledge is supplemented by a level of reflective knowledge focused on judgment, and a level of 'knowing full well' that is distinctive of the animal that is rational.
Judgment and Agency
by Ernest SosaErnest Sosa extends his distinctive approach to epistemology, intertwining issues concerning the role of the will in judgment and belief with issues of epistemic evaluation. Questions about skepticism and the nature of knowledge are at the forefront. The answers defended are new in their explicit and sustained focus on judgment and epistemic agency. While noting that human knowledge trades on distinctive psychological capacities, Sosa also emphasizes the role of the social in human knowledge. Basic animal knowledge is supplemented by a level of reflective knowledge focused on judgment, and a level of 'knowing full well' that is distinctive of the animal that is rational.
Judgment and Sachverhalt: An Introduction to Adolf Reinach’s Phenomenological Realism (Phaenomenologica #132)
by J.M. DuboisAdolf Reinach was one of the leading figures of the Munich and Göttingen circles of phenomenology, and Husserl's first real co-worker. Although his writings are highly original and remarkably clear, Reinach's tragic death in the First World War prevented him from formulating a definitive statement of his phenomenology, leaving his name virtually unknown to all but a small circle. In his ground-breaking study, Judgment and Sachverhalt, DuBois shows how Reinach succeeds in developing a realist ontology and epistemology based on rigorous argumentation and phenomenological elucidation. Drawing from numerous texts and the developments of Reinach's students and colleagues - Roman Ingarden, Alexander Pfänder and Dietrich von Hildebrand above all - DuBois presents, refines and defends Reinach's `phenomenological realism'. Confrontations of Reinach's theories of states of affairs, concepts and speech acts with the work of contemporary authors like Chisholm and Searle allow readers to evaluate Reinach's philosophy, not only in the light of the later developments of Husserl, but also in the light of certain Anglo-American developments.
Judgments of Love in Criminal Justice
by Farhad MalekianThis volume is a new chapter in the future history of law. Its general perspective could not be more original and its critical ethical edge on the state of international law could not be timelier. It explores a compassionate philosophical approach to the genuine substance of law, criminal procedure, international criminal law and international criminal justice. It divides law into three interrelated disciplines, i.e. legality, morality and love. The norm love is derived from human reason for man’s advancement and the securing of natural law. It is more than a mere mandatory norm. Its goal is to generate a normative and positive, powerful result, therefore avoiding any impurity that may exist in the application of other norms because of political or juridical pressures - a one-eyed justice. The norm love also renders justice with the principles of legal accountability, transparency and the high moral, authentic values of humanity. The notion of justice cannot be trusted in the absence of the norm love. The volume indicates the conditions of its efficiency by proving the reasons for its existence in the context of fairness, objectivity and concern for all individuals and entities. The concept of the norm love should be the core academic corpus for lecturing law in all faculties of law. It is simply the enlightenment of the 21st century.A lawyer with requisite knowledge and skill is not a lawyer if he cannot understand that the law does not need a lawyer with ethical competence in its provisions for income purposes but one with knowledge of its essence for the advanced morality of justice and the sheer essence of love for justice.
Judicial Applications of Artificial Intelligence
by Giovanni SartorThe judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges' discretionary reasoning. Judicial decision-making is an area of daunting complexity, where highly sophisticated legal expertise merges with cognitive and emotional competence. How can AI contribute to a process that encompasses such a wide range of knowledge, judgment, and experience? Rather than aiming at the impossible dream (or nightmare) of building an automatic judge, AI research has had two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process, such as case-based reasoning and formal models of dialectics, argumentation, and negotiation. Judges, squeezed between tightening budgets and increasing demands for justice, are desperately trying to maintain the quality of their decision-making process while coping with time and resource limitations. Flexible AI tools for decision support may promote uniformity and efficiency in judicial practice, while supporting rational judicial discretion. Similarly, AI may promote flexibility, efficiency and accuracy in other judicial tasks, such as drafting various judicial documents. The contributions in this volume exemplify some of the directions that the AI transformation of the judiciary will take.
Judicial Deviation In Talmudic Law
by Hanina Ben-MenachemFirst Published in 1990. With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu. This is Volume I.
Judicial Deviation In Talmudic Law
by Hanina Ben-MenachemFirst Published in 1990. With the publication of this book, the author inaugurates a new series at the Institute of Jewish Law. In recent years there has been a growing interest in Jewish law in American law schools. In turn, this casts an obligation on those involved in Jewish law to make available in the English language publications which focus on contemporary issues and their analysis in traditional Jewish sources. Jewish Law in Context will attempt to do precisely this by presenting Jewish law in its own context as well as in the context of our milieu. This is Volume I.
Judicial Review of Legislation: A Comparative Study of the United Kingdom, the Netherlands and South Africa (Ius Gentium: Comparative Perspectives on Law and Justice #5)
by Gerhard van der SchyffConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.
Judith Butler and Political Theory: Troubling Politics
by Samuel A Chambers Terrell CarverOver the past twenty-five years the work of Judith Butler has had an extraordinary impact on numerous disciplines and interdisciplinary projects across the humanities and social sciences. This original study is the first to take a thematic approach to Butler as a political thinker. Starting with an explanation of her terms of analysis, Judith Butler and Political Theory develops Butler’s theory of the political through an exploration of her politics of troubling given categories and approaches. By developing concepts such as normative violence and subversion and by elaborating her critique of heteronormativity, this book moves deftly between Butler’s earliest and most famous writings on gender and her more recent interventions in post-9/11 politics. This book, along with its companion volume, Judith Butler's Precarious Politics, marks an intellectual event for political theory, with major implications for feminism, women’s studies, gender studies, cultural studies, lesbian and gay studies, queer theory and anyone with a critical interest in contemporary American ‘great power’ politics.
Judith Butler and Political Theory: Troubling Politics
by Samuel A Chambers Terrell CarverOver the past twenty-five years the work of Judith Butler has had an extraordinary impact on numerous disciplines and interdisciplinary projects across the humanities and social sciences. This original study is the first to take a thematic approach to Butler as a political thinker. Starting with an explanation of her terms of analysis, Judith Butler and Political Theory develops Butler’s theory of the political through an exploration of her politics of troubling given categories and approaches. By developing concepts such as normative violence and subversion and by elaborating her critique of heteronormativity, this book moves deftly between Butler’s earliest and most famous writings on gender and her more recent interventions in post-9/11 politics. This book, along with its companion volume, Judith Butler's Precarious Politics, marks an intellectual event for political theory, with major implications for feminism, women’s studies, gender studies, cultural studies, lesbian and gay studies, queer theory and anyone with a critical interest in contemporary American ‘great power’ politics.
Judith Butler and Subjectivity: The Possibilities and Limits of the Human
by Parisa ShamsThis book contextualises philosophy by bringing Judith Butler’s critique of identity into dialogue with an analysis of the transgressive self in dramatic literature. The author draws on Butler’s reflections on human agency and subjectivity to offer a fresh perspective for understanding the political and ethical stakes of identity as formed within a complex web of relations with human and non-human others. The book first positions a detailed analysis of Butler’s theory of subject formation within a broader framework of feminist philosophy and then incorporates examples and case studies from dramatic literature to argue that the subject is formed in relation to external forces, yet within its formation lies a space for transgressing the same environments and relations that condition the subject’s existence. By virtue of a fundamental dependency on conditions and relations that bring human beings into existence, they emerge as political and ethical agents capable of resisting the formative forces of power and responding – ethically – to the call of others.