Results for ' textualism'

85 found
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  1.  15
    Alexander's hellenism and.Textualism Plutarch’S. - 2002 - Classical Quarterly 52:174-192.
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  2.  51
    Progressive Textualism.Kevin Tobia, Brian Slocum & Victoria Nourse - 2022 - Georgetown Law Journal 110.
    Textualism is now the Court’s lingua franca. In response, some have proposed a “progressive textualism,” defined by the use of traditional textualist methods to reach politically progressive results. This Article explores a different kind of “progressive textualism.” Rather than starting with the desired policy outcome—politically progressive or conservative—we begin from one of modern textualism’s central values: A commitment to “democratic” interpretation. As Justice Barrett argues, this commitment views textualists as “agents of the people” who “approach language (...)
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  3. Textualism and Legal Positivism in the Philosophy of Language.Marek Nestina - 2012 - Organon F: Medzinárodný Časopis Pre Analytickú Filozofiu 19 (1):145-162.
     
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  4. Textualism, Intentionalism, and the Law of the Contract.Gideon Rosen - 2011 - In Andrei Marmor & Scott Soames, Philosophical foundations of language in the law. New York: Oxford University Press.
     
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  5. Textualism and the Discovery of Rights.John Perry - 2011 - In Andrei Marmor & Scott Soames, Philosophical foundations of language in the law. New York: Oxford University Press. pp. 105--129.
     
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  6.  51
    Sunyata, Textualism, and Incommensurability.Michael G. Barnhart - 1994 - Philosophy East and West 44 (4):647.
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  7.  35
    New Textualism: The Potholes Ahead.Gregory Bassham & Ian Oakley - 2015 - Ratio Juris 28 (1):127-148.
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  8.  95
    "Indians": Textualism, Morality, and the Problem of History.Jane Tompkins - 1986 - Critical Inquiry 13 (1):101-119.
    This essay enacts a particular instance of the challenge post-structuralism poses to the study of history. In simpler, language, it concerns the difference that point of view makes when people are giving account of events, whether at first or second hand. The problem is that if all accounts of events are determined through and through by the observer’s frame of reference, then one will never know, in any given case, what really happened.I encountered this problem in concrete terms while preparing (...)
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  9. Why the Late Justice Scalia Was Wrong: The Fallacies of Constitutional Textualism.Ken Levy - 2017 - Lewis and Clark Law Review 21 (1):45-96.
    My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...)
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  10.  27
    Textualising beyond Rorty's textualism.Dimitri Ginev - 2014 - South African Journal of Philosophy 33 (3):285-296.
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  11.  41
    Expected Applications, Contextual Enrichment, and Objective Communicative Content: The Linguistic Case for Conception Textualism.Asgeirsson Hrafn - 2015 - Legal Theory 21 (3-4):115–135.
    Textualist and originalist legal reasoning usually involves something like the following thesis, whether implicitly or explicitly: the legal content of a statute or constitutional clause is the linguistic content that a reasonable member of the relevant audience would, knowing the context and conversational background, associate with the enactment. In this paper, I elucidate some important aspects of this thesis, emphasizing the important role that contextual enrichment plays in textualist and originalist legal reasoning. The aim is to show how the linguistic (...)
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  12. Nineteenth-Century Idealism and Twentieth-Century Textualism.Richard Rorty - 1981 - The Monist 64 (2):155-174.
    In the last century there were philosophers who argued that nothing exists but ideas. In our century there are people who write as if there were nothing but texts. These people, whom I shall call “textualists,” include for example, the so-called Yale school of literary criticism centering around Harold Bloom, Geoffrey Hartmann, and Paul De Man, “post-structuralist” French thinkers like Jacques Derrida and Michel Foucault, historians like Hayden White, and social scientists like Paul Rabinow. Some of these people take their (...)
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  13.  4
    The Case Against Originalism and Textualism: The Hermeneutics of Gadamer and Ricoeur.Edoardo Bellando - 2024 - Https://Www.Michiganstatelawreview.Org/Forum20242025/2024/10/8/Cc7Ty8W3M24Q8Za47G5Aii3Go6Tb11.
    The application of legal hermeneutics could be a constructive tool for interpreting the U.S. Constitution. Yet hermeneutics is virtually never used or mentioned by Supreme Court Justices. The two worlds, hermeneutics and constitutional law, seem to inhabit different silos. Still, the Justices and other judges could profit from the application of the discipline. This article examines the views of two leading theoreticians of hermeneutics, Hans-Georg Gadamer and Paul Ricoeur, which undermine the textualist and originalist approach to the Constitution, and highlights (...)
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  14. Literature as a textualist notion.Bo Pettersson - 2005 - In Stein Haugom Olsen & Anders Pettersson, From Text to Literature: New Analytic and Pragmatic Approaches. New York: Palgrave Macmillan. pp. 128--145.
     
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  15.  31
    The Immorality of Textualism.Andrei Marmor - unknown
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  16. (1 other version)Coordination and expertise foster legal textualism.Ivar Hannikainen, Kevin Tobia, Guilherme de Almeida, Noel Struchiner, Markus Kneer, Piotr Bystranowski, Niek Strohmaier, Sammy Bensinger, Kristina Dolinina, Bartosz Janik, Egle Lauraityte, Michael Laakasuo, Alice Liefgreen, Ivars Neiders, Maciej Prochnicki, Alejandro Rosas, Jukka Sundvall & Tomasz Zuradzki - 2022 - Proceedings of the National Academy of Sciences 119 (44):e2206531119.
    A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...)
     
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  17.  24
    Coordination Favors Legal Textualism by Suppressing Moral Valuation.Ivar R. Https://orcidorg357X Hannikainen, Kevin P. Tobia, Guilherme da F. C. F. Almeida, Noel Struchiner, Markus Https://Orcidorg Kneer, Piotr Bystranowski, Vilius Dranseika, Niek Strohmaier, Samantha Bensinger, Kristina Dolinina, Bartosz Janik, Egle Lauraityte, Michael Laakasuo, Alice Liefgreen, Ivars Neiders, Maciej Próchnicki, Alejandro Rosas Martinez, Jukka Sundvall & Tomasz Żuradzki - unknown
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  18.  21
    Amr Osman. The Ẓāhirī Madhhab (3rd/9th–10th/16th Century): A Textualist Theory of Islamic Law.Muhammet Ali Acar - 2021 - Nazariyat, Journal for the History of Islamic Philosophy and Sciences 7 (2):241-248.
    Nazariyat, Journal for the History of Islamic Philosophy and Sciences, issued twice a year in English and Turkish (Nazariyat İslam Felsefe ve Bilim Tarihi Araştırmaları Dergisi), is a refereed international journal. It publishes original studies, critical editions of classical texts and book reviews on Islamic philosophy, kalām, theoretical aspects of Sufism and the history of sciences. The goal of Nazariyat is to contribute to the discovery, examination and reinterpretation of the theoretical traditions in the history of Islamic thought, by giving (...)
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  19.  25
    Amr Osman, The Ẓāhirī Madhhab : A Textualist Theory of Islamic Law, Studies in Islamic Law and Society.David R. Vishanoff - 2016 - Der Islam: Journal of the History and Culture of the Middle East 93 (2):603-609.
    Name der Zeitschrift: Der Islam Jahrgang: 93 Heft: 2 Seiten: 603-609.
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  20.  54
    Alexander’s Hellenism and Plutarch’s textualism.Tim Whitmarsh - 2002 - Classical Quarterly 52 (1):174-192.
  21.  24
    The hermeneutical deadlock between revelationalists, textualists, and functionalists.James J. Buckley - 1990 - Modern Theology 6 (4):325-339.
  22.  23
    Ori Sela. China’s Philological Turn: Scholars, Textualism, and the Dao in the Eighteenth Century. xi + 314 pp., notes, apps., bibl., index. New York: Columbia University Press, 2018. $65 . ISBN 9780231183826. [REVIEW]Martin Hofmann - 2019 - Isis 110 (3):602-603.
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  23. Speaker Meaning and Conventional Meaning in Legal Norms.Boyan Bahanov - 2022 - Philosophical Alternatives 31 (1):120-138.
    Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of the meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will of the rule-making (...)
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  24.  56
    The Linguistic and Substantive Canons.Kevin Tobia & Brian Slocum - manuscript
    Today’s textualist Supreme Court draws a bright line between essential “linguistic” interpretive canons and suspect “substantive” canons. This Article’s thesis is that the venerable linguistic/substantive dichotomy is false. We present the first empirical study of whether ordinary people (N = 1,520) understand rules in line with some of law’s substantive canons. The study supports that some substantive canons represent valid linguistic generalizations about how ordinary people understand rules’ meaning. For example, the presumption against retroactivity is usually justified by values like (...)
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  25. An experimental guide to vehicles in the park.Noel Struchiner, Ivar Hannikainen & Guilherme da F. C. F. de Almeida - 2020 - Judgment and Decision Making 15 (3):312-329.
    Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, specifically, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have offered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suffices to determine whether the rule itself covers a case. (...)
     
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  26.  65
    Thinking through the body: essays in somaesthetics.Richard Shusterman - 2012 - New York: Cambridge University Press.
    Thinking through the body: educating for the humanities -- The body as background -- Self-knowledge and its discontents: from Socrates to somaesthetics -- Muscle memory and the somaesthetic pathologies of everyday life -- Somaesthetics in the philosophy classroom: a practical approach -- Somaesthetics and the limits of aesthetics -- Somaesthetics and Burke's sublime -- Pragmatism and cultural politics: from textualism to somaesthetics -- Body consciousness and performance -- Somaesthetics and architecture: a critical option -- Photography as performative process -- (...)
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  27. Toward a Theory of Social Practices: A Development in Culturalist Theorizing.Andreas Reckwitz - 2002 - European Journal of Social Theory 5 (2):243-263.
    This article works out the main characteristics of `practice theory', a type of social theory which has been sketched by such authors as Bourdieu, Giddens, Taylor, late Foucault and others. Practice theory is presented as a conceptual alternative to other forms of social and cultural theory, above all to culturalist mentalism, textualism and intersubjectivism. The article shows how practice theory and the three other cultural-theoretical vocabularies differ in their localization of the social and in their conceptualization of the body, (...)
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  28. The truth about postmodernism.Christopher Norris - 1993 - Cambridge, Mass., USA: Blackwell.
    This book was written with a view to sorting our some of the muddles and misreadings - especially misreadings of Kant - that have charaterized recent postmodernist and post-structuralist thought. For these issues have a relevance, as Norris argues, far beyond the academic enclaves of philosophy, literary theory, and cultural criticism. Thus he makes large claims for the importance of getting Kant right on the relation between epistemology, ethics and aesthetics; for pursuing the Kantian question 'What is Enlightenment?' as raised (...)
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  29.  11
    Beyond the Great Story: History as Text and Discourse.Robert F. Berkhofer - 1995 - Belknap Press.
    Berkhofer ranges through a vast archive of recent writings by a broad range of authors. He explicates the opposing paradigms and their corresponding dilemmas by presenting in dialogue form the positions of modernists and postmodernists, formalists and deconstructionists, textualists and contextualists.
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  30.  45
    More than belief: a materialist theory of religion.Manuel A. Vásquez - 2011 - New York: Oxford University Press.
    The rise of foundational dualism and the eclipse of the body -- "Body am I entirely, and nothing else": non-reductive materialism and the struggle against dualism -- Toward a materialist phenomenology of religion -- The phenomenology of embodiment and the study of religion -- Religious bodies as social artifacts -- Holding social constructionism in check: the recovery of the active, lived body -- A cultural neurophenomenology of religion: enter the embodied mind -- The eclipse of practice: textualism at large (...)
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  31.  48
    Should Judges Justify Recourse to Broader Contexts When Interpreting Statutes?Daniel L. Feldman - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):377-388.
    Courts purport to abandon ordinary meaning only when words in a statute accommodate more than one meaning; to look to surrounding words, legislative history, and then public policy considerations, only if those previous efforts fail. The canon of statutory construction, “a word is known by its associates,” generally means nearest associates, or near as possible. An analogous language philosophy principle counsels increasing search radius only as needed. Dimensional extension advances the sequence to broader domains of information. Such incrementalist restrictions should (...)
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  32. Circumcising Donne: The 1633 Poems and Readerly Desire.Ben Saunders - 2000 - Journal of Medieval and Early Modern Studies 30:375-399.
    This essay reconsiders the haphazard arrangement of Donne's first printed collection of poems in relation to an elegy written for Donne by one Thomas Browne, published for the first and only time in that same volume. The earliest recorded response we have to Donne's verse considered as a complete body of work, Browne's elegy thematizes the readerly tendency to interpret this textual body in the light of "subjective" notions of "proper" desire. Through a close reading of Browne's poem, in which (...)
     
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  33.  22
    “The Human Between the «Life-world»and Its Theoretical (Re)Construction”.Cecilia Tohaneanu - 2010 - Review of Research and Social Intervention/Revista de Cercetare Si Intervenţie Socială 31:95-105.
    The traditional split between rationality and historicity, concept and intuition, the form and content of knowledge has brought about an inappropriate approaching to humanities and social sciences. Presenting the main effects of such split, this paper aims at arguing the need to consider both the “empiric” and the “interpretive” as equally relevant for understanding our human world. It is eventually a meta-theoretical pleading for reconciling epistemology and ontology within a theory of humanities and social sciences able to avoid the two (...)
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  34. Serious Philosophy and Freedom of Spirit.Ernest Sosa - 1987 - Journal of Philosophy 84 (12):707.
    I wish to lay out a view of “serious” philosophy, and to consider recent attacks on that view from the side of the “free spirited” philosophy: deconstruction and textualism, hermeneutics, critical theory, and the new pragma-tism. Without defining what all forms of freedom have in common, I shall draw from them a combined critique against seriousness. I will also examine, occasionally and in passing, positive ideas conjured up by the free. But mainly I wish to consider their combined critique (...)
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  35.  70
    How to be an intentionalist.Mark Bevir - 2002 - History and Theory 41 (2):209–217.
    The general aim of this paper is to establish the plausibility of a postfoundational intentionalism. Its specific aim is to respond to criticisms of my work made by Vivienne Brown in a paper "On Some Problems with Weak Intentionalism for Intellectual History." Postfoundationalism is often associated with a new textualism according to which there is no outside to the text. In contrast, I suggest that postfoundationalists can legitimate our postulating intentions, actions, and other historical objects outside of the text. (...)
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  36.  28
    Culture, Technology, Cultural Techniques – Moving Beyond Text 1.Sybille Krämer & Horst Bredekamp - 2013 - Theory, Culture and Society 30 (6):20-29.
    Originally published in 2003, this article presents one of the first attempts to provide a systematic summary of the new concept of cultural technique. It is, in essence, an extended checklist aimed at overcoming the textualist bias of traditional cultural theory by highlighting what is elided by this bias. On the one hand, to speak of cultural techniques redirects our attention to material and physical practices that all too often assume the shape of inconspicuous quotidian practices resistant to accustomed investigations (...)
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  37.  57
    4. the material presence of the past.Ewa Domanska - 2006 - History and Theory 45 (3):337–348.
    This article deals with the material presence of the past and the recent call in the human sciences for a " things." This renewed interest in things signals a rejection of constructivism and textualism and the longing for what is "real," where "regaining" the object is conceived as a means for re-establishing contact with reality. In the context of this turn, we might wish to reconsider the status of relics of the past and their function in mediating relations between (...)
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  38.  47
    The role of pragmatics in (re)constructing the rational law-maker.Alessandro Capone - 2013 - Pragmatics and Cognition 21 (2):399-414.
    The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski (1991), between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism (see Manning 2005, 2006), I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of (...)
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  39. (1 other version)Nietzsche's Genealogy Revisited.David Owen - 2008 - Journal of Nietzsche Studies 35 (1):141-154.
    In lieu of an abstract, here is a preview of the article: This essay begins by reviewing the strengths and weaknesses of the developmental strategy adopted in my Nietzsche’s “Genealogy of Morality” in relation to the contrasting approaches of Conway, Hatab, and Janaway in their studies of Nietzsche’s On the Genealogy of Morals. It then turns to take up a topic that, in the light of the readings of Conway, Hatab, Janaway, and myself, I now take to be much more (...)
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  40.  22
    Some Remarks on Cheryl Misak’s The American Pragmatists.Joseph Margolis - 2013 - European Journal of Pragmatism and American Philosophy 5 (2).
    I find myself in a small quandary in addressing Cheryl Misak’s new book, The American Pragmatists. The fact is I like the book very much. It’s written in an open and sprightly way, scrupulous and immensely useful in joining (what I myself have come to distinguish as) “textualist” and “genealogical” elements (explication de texte and interpretive reconstruction), in fashioning an extremely plausible survey of the entire trajectory of American pragmatism from Chauncey Wright (please note) and C...
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  41. Ordinary Meaning and Ordinary People.Kevin Tobia, Brian G. Slocum & Victoria Frances Nourse - 2023 - University of Pennsylvania Law Review 171.
    Perhaps the most fundamental principle of legal interpretation is the presumption that terms should be given their “ordinary” (i.e., general, non-technical) meanings. This principle is a central tenet of modern textualism. Textualists believe a universal presumption of ordinary meaning follows from their theory’s core commitment: A law should be interpreted consistently with what its text communicates to the ordinary public. This Article begins from this textualist premise, empirically examining what legal texts communicate to the public. Five original empirical studies (...)
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  42.  73
    Minimal Semantics and Legal Interpretation.Izabela Skoczeń - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (3):615-633.
    In this paper I will tackle three issues. First, I aim to briefly outline the backbone of semantic minimalism, while focusing on the idea of ‘liberal truth conditions’ developed by Emma Borg in her book ‘Minimal Semantics’. Secondly, I will provide an account of the three principal views in legal interpretation: intentionalism, textualism and purposivism. All of them are based on a common denominator labelled by lawyers ‘literal meaning’. In the paper I suggest a novel way of viewing this (...)
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  43.  6
    In Defense of the Text: Democracy and Constitutional Theory.Leslie Friedman Goldstein - 1991 - Rowman & Littlefield Publishers.
    '...a 'must read' for all students of constitutional law, whatever their academic discipline...this excellent book accomplishes the author's purpose: it forces us to take textualism seriously.'-LEGAL STUDIES FORUM.
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  44.  29
    The Impotence of Pseudo-Antagonism: A Derridean Response to Žižek’s Charge of Practical Irrelevance.Andrea Hurst - 2008 - South African Journal of Philosophy 27 (1):10-26.
    This article addresses a strange investment within ‘continental' philosophy, in asserting the impotence of a Derridean approach when it comes to addressing practical (juridical, political, ethical, economic) issues. Such assertions of impotence regularly stand as the foil for whatever is proposed as a more complex, and therefore powerful, means to make sense of concrete phenomena. Invariably, however, the criticism of a Derridean approach is based on reductive misconceptions of its complex logic, and the proposed correctives repeat the very pattern of (...)
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  45.  32
    Societal-psychological constructionism: Societies, selves, traditions, and fusions.Jack Martin & Jeff Sugarman - 1997 - Journal of Theoretical and Philosophical Psychology 17 (2):120-136.
    Frequently cited problems of dualism, as it pertains to the relation of psychological mind to sociocultural world, arise from assumptions of fixed societal and psychological ontologies. If, instead, societal and psychological ontologies are understood to be both emergent and mutable, as a consequence of their dynamic relation, many of the metaphysical and epistemological difficulties encountered by classic psychological-sociocultural dualism are avoided. To this end, an ontological and epistemological position, called societal-psychological constructionism, is presented. The merits of this position relative to (...)
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  46.  19
    In Search of the Moon.Ahmad Musonnif - 2021 - Epistemé: Jurnal Pengembangan Ilmu Keislaman 16 (2):105-125.
    This article deals with varieties of epistemological methods in calculating days of lunar calendar (hijri), mainly on the beginning date of months. Examining different methods in Indonesian Islamic-scape, it argues that there are three epistemological models which are rooted at Islamic classical epistemologies; the ahl al-hadith (textualist), the ahl al-ra‎y (contextualist), and the intuitive sufi. The ahl al-hadith emphasizes on the empirical rukyatul-hilal (witnessing the moon), whereas the ahl al-ra’y strongly concerns on the mathematically rational method. The sufi, not so (...)
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  47.  48
    Philosophical Meditations on Zen Buddhism (review).Joseph Stephen O'Leary - 2001 - Buddhist-Christian Studies 21 (1):147-151.
    In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 21.1 (2001) 147-151 [Access article in PDF] Book Review Philosophical Meditations on Zen Buddhism Philosophical Meditations on Zen Buddhism. By DaleS.Wright. Cambridge, Great Britain: Cambridge University Press, 1998. xv +227 pp. In a work brimming with unobtrusive erudition and centered on the figure of Huang Po (d. 850), Dale Wright offers a seasoned account of a topic that is still very much in need of clarification, namely, (...)
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  48. ON THE “NATURALIST” CRITIQUE OF CLEMENT GREENBERG VIDE KANT: A MISTAKEN & HANDED-DOWN CRITIQUE.Ekin Erkan - 2023 - Cosmos and History : The Journal of Natural and Social Philosophy 19 (2):52-72.
    According to commentators like Rosalind Krauss, Briony Fer, Caroline Jones, and Michael Fried, Clement Greenberg’s formalist/positivist device of “medium-specificity” debars errant affective aesthetic experiences that are embodied; despite significant differences in how these theorists arrive at this conclusion, one shared point of emphasis is Greenberg’s inheriting Kant’s disinterested conception of pleasure in reflective judgments of beauty. Offering a textualist review of Kant’s Analytic of the Beautiful, I seek to demonstrate that neither Greenberg, nor Greenberg’s critics, are correct in their account (...)
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  49.  16
    Aesthetic Ideas and Art Interpretation in Kant’s Third Critique and Schelling’s ‘System of Transcendental Idealism’.Ekin Erkan - forthcoming - British Journal of Aesthetics.
    This paper argues for a metacognitive reading of Kant’s doctrine of ‘aesthetic ideas’, according to which they enjoy the functional role of licensing a theory of art interpretation. I begin by offering a textualist reading of Kant’s doctrine of ‘aesthetic ideas’ and contest the received ‘semantic paradigm’ according to which aesthetic ideas either approximate the form or content of a rational idea. After showing the relationship between aesthetic ideas and artistic interpretation, I assess whether Kant’s theory delivers what we want (...)
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  50.  44
    Ankersmit's postmodernist historiography: The hyperbole of "opacity".John H. Zammito - 1998 - History and Theory 37 (3):330–346.
    Ankersmit's articulation of a postmodern theory of history takes seriously both the strengths of traditional historicism and the right of historians to decide what makes sense for disciplinary practice. That makes him an exemplary interlocutor. Ankersmit proposes a theory of historical "representation" which radicalizes the narrative approach to historiography along the lines of poststructuralist textualism. Against this postmodernism but invoking some of his own arguments, I defend the traditional historicist position. I formulate criticisms of the theory of reference entailed (...)
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