The bogeyman of institutions and theories that make a place for community in property law is the "Blackstonian conception" of property, based on Blackstone’s famous identification of property with "that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe." Yet, as anyone who has even skimmed Blackstone’s Commentaries quickly realizes, it is clear that the great expositor of the common (...) law did not believe that this absolutist and individualist conception squared with the actual institution of property found in English law. Replete with descriptions and justifications of doctrines that recognized and enforced a complex web of individual and community interests in land and other resources, Blackstone’s account seems much closer to the "bundle of rights" approach popularized by the American legal realists than to the "absolute dominion" view associated with his name. Why has exclusive dominion as a model for property, then, come to be associated with Blackstone, of all people? This Article seeks, first of all, to explain why Blackstone would first characterize property as "that sole and despotic dominion," and then go on to illustrate, over several hundred pages, the falsity of this definition. The primary goal of the Article, though, is to examine the ways in which Blackstone was invoked by later jurists as an authority for property-law propositions. In particular, the Article examines how Blackstone has been cited by English and American courts and writers, whether in connection with the "sole and despotic dominion view" or rather in support of doctrines more in keeping with a more complex view of property. Finally, it proposes an answer to the question set out in the title, identifying the historical context and motivations for the identification of the absolute, individualistic view of property with Blackstone in particular. (shrink)

Institutional explanations have been, and continue to be, one of the most important means of understanding the choices made by governments and other actors in society. This four volume set brings together a collection of the key readings in institutional theory and its applications to political phenomena. Although the principal focus of these readings is on institutional theory based in political science, articles from other disciplines that have been central to the development of theory in this discipline, or that have (...) substantial relevance for political phenomena, have also been included. Forming part of the SAGE Library of Political Science, this set contains a substantial overall introduction and conclusion as well as shorter introductions to each Part. It is an essential purchase for social science libraries around the world. (shrink)

The present volume focuses on this wisdom of humility that characterizes Westphals thought and explores how that wisdom, expressed through the redemptive ...

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

In recent years, scholars have come to understand emotions as dynamic and socially constructed—the product of interdependent cultural, relational, situational, and biological influences. While researchers have called for a multilevel theory of emotion construction, any progress toward such a theory must overcome the fragmentation of relevant research across various disciplines and theoretical frameworks. We present affect control theory as a launching point for cross-disciplinary collaboration because of its empirically grounded conceptualization of social mechanisms operating at the interaction, relationship, and cultural (...) levels, and its specification of processes linking social and individual aspects of emotion. After introducing the theory, we illustrate its correspondence with major theories of emotion construction framed at each of four analytical levels: cultural, interactional, individual, and neural. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

volume 1. Developing institutional theory -- volume 2. New research agendas -- volume 3. Applying institutional theory.

A proposal is presented for the incorporation of the concepts of STS into the teaching of science and technology at the Faculty of Engineering, Mexicali Campus, of the University of Baja California. The method outlined for the development of research and the application of the “Opinions Questionnaire on Science, Technology and Society” is described. This method allows an assessment of the views and attitudes of students and teachers on STS issues to identify their strong and weak points and to detect (...) the teaching and learning needs. Also, it is adequate to investigate the students’ attitudinal changes, their increased interest in the processes of learning, and the contribution of STS to their education and integration into the society. (shrink)

In this paper, I will suggest that the ideas of Uddyotakara, the 6th century author of the Nyāya-Vārttika, may have been largely overlooked as a result of Jitendra Nath Mohanty’s and Bimal Krishna Matilal’s influential works on Indian epistemology. Crucial to Mohanty’s and Matilal’s portrayals of Indian epistemology is the thesis that the pramāṇa theory incorporates a sort of causal theory of knowledge. The writers of pramāṇa-śastra, they argue, agreed that at the end of the day, knowledge comes down to (...) an ‘inner’ occurrence, a temporally individuated cognitive episode, and that consequently—the pramāṇa—the most relevant factor affecting knowledge acquisition and the ultimate justification of knowledge acquisition—are “the cluster of phenomena that converge to bring such a cognitive episode about”. I will argue, on the other hand, based on a discussion Uddyotakara conducts at the beginning of the introductory chapter of his work, which I believe to be of crucial importance, that causal factors play only a marginal role in his theory of knowledge and that he claims the pramāṇa to be dependent on samartha-pravṛtti—the habitual, customary and expected procedures or ways of attaining a goal—rather than on their causal antecedents. I will moreover suggest a reading of the pramāṇa of sense-perception, inference and analogy as action-based. (shrink)

Appraisal theory has become one of the most active aproaches in the domain of emotion psychology. The appraisal process consists of the subjective evaluation that occurs during the individual's encounter with significant events in the environment, determining the nature of the emotional reaction and experience. The organism's interpretation of events and situations elicits and differentiates its emotional responses, although the exact processes involved and the limits of the theory are still a matter of debate and are currently the object of (...) active research. This volume is intended to become the primary source of information on appraisal for all those interested in emotion, from beginning graduate students to accomplished researchers in emotion psychology. (shrink)

We presuppose a position of scientific realism to the effect (i) that the world exists and (ii) that through the working out of ever more sophisticated theories our scientific picture of reality will approximate ever more closely to the world as it really is. Against this background consider, now, the following question: 1. Do the empirical theories with the help of which we seek to approximate a good or true picture of reality rest on any non-empirical presuppositions? One can answer (...) this question with either a 'yes' or a 'no'. 'No' is the preferred answer of most contemporary methodologists -- Murray Rothbard is one distinguished counterexample to this trend -- who maintain that empirical theories are completely free of non-empirical ('a priori') admixtures and who see science as a matter of the gathering of pure 'data' obtained through simple observation. From such data scientific propositions are then supposed to be somehow capable of being established. (shrink)

In fourteen scholarly yet delightfully readable essays, Ober solves some ancient mysteries and reveals the secret kinks and passions of famous and obscure historical figures.

For German townsmen, life during the sixteenth and seventeenth centuries was characterized by a culture of arms, with urban citizenry representing the armed power of the state. This book investigates how men were socialized to the martial ethic from all sides, and how masculine identity was confirmed with blades and guns.

On the doctrines of Madhva, 13th century exponent of the Dvaita school in Hindu philosophy.

In the modular design of generative theory the syntax-semantics interface has accounted all along for meanings at the level of Logical Form. The syntax-pragmatics interface, on the other hand, is the result of what one may call the 'pragmatic turn' in the linguistic theory, where content is partitioned into given and new information. In other words, the structural division of the clause has been subjected to criteria of information, or discourse structure. Both interfaces require a structurally descriptive inventory whose specific (...) shapes can be motivated on theory-internal grounds only. The present collection of original articles develops the concept of these interfaces further. The papers in the first section focus on the syntax-semantics interface, those in the second section on the syntax-pragmatics interface. (shrink)

Bringing together Deleuze, Blanchot, and Foucault, this book provides a detailed and original exploration of the ideas that influenced Deleuze's thought leading up to and throughout his cinema volumes and, as a result, proposes a new definition of art. Examining Blanchot's suggestion that art and dream are "outside" of power, as imagination has neither reality nor truth, and Foucault's theory that power forms knowledge by valuing life, Eugene Brent Young relates these to both Deleuze's philosophy of time and his work (...) with Guattari on art. In doing so, he uses case studies from literature and popular film, including Kafka's Castle, Villeneuve's Arrival, and Kubrick's Eyes Wide Shut. Providing important new insights for those working in literary and cinematic studies, this book advances a new definition of art as that which reverses the realities and truths of power to express obscure ideas and values beyond both our exterior and interior worlds. (shrink)

This is the most important book on Hegel to have appeared in the past ten years. Robert Pippin offers a completely new interpretation of Hegel's idealism, which focuses on Hegel's appropriation and development of kant's theoretical project. Hegel is presented neither as a precritical metaphysician nor as a social theorist, but as a critical philosopher whose disagreements with Kant, especially on the issue of intuitions, enrich the idealist arguments against empiricism, realism and naturalism. In the face of the dismissal of (...) absolute idealism as either unintelligible or implausible, Pippin explains and defends an original account of the philosophical basis for Hegel's claims about the historical and social nature of selfconsciousness, and so of knowledge itself. (shrink)

Bridging the gap between the world of science and the realm of the spiritual, B. Alan Wallace introduces a natural theory of human consciousness that has its roots in contemporary physics and Buddhism. Wallace's "special theory of ontological relativity" suggests that mental phenomena are _conditioned_ by the brain, but do not _emerge_ from it. Rather, the entire natural world of mind and matter, subjects and objects, arises from a unitary dimension of reality that is more fundamental than these dualities, as (...) proposed by Wolfgang Pauli and Carl Jung. To test his hypothesis, Wallace employs the Buddhist meditative practice of _samatha_, refining one's attention and metacognition, to create a kind of telescope to examine the space of the mind. Drawing on the work of the physicist John Wheeler, he then proposes a more general theory in which the participatory nature of reality is envisioned as a self-excited circuit. In comparing these ideas to the Buddhist theory known as the Middle Way philosophy, Wallace explores further aspects of his "general theory of ontological relativity," which can be investigated by means of _vipasyana_, or insight, meditation. Wallace then focuses on the theme of symmetry in reference to quantum cosmology and the "problem of frozen time," relating these issues to the theory and practices of the Great Perfection school of Tibetan Buddhism. He concludes with a discussion of the general theme of complementarity as it relates to science and religion. The theories of relativity and quantum mechanics were major achievements in the physical sciences, and the theory of evolution has had an equally deep impact on the life sciences. However, rigorous scientific methods do not yet exist to observe mental phenomena, and naturalism has its limits for shedding light on the workings of the mind. A pioneer of modern consciousness research, Wallace offers a practical and revolutionary method for exploring the mind that combines the keenest insights of contemporary physicists and philosophers with the time-honored meditative traditions of Buddhism. (shrink)

The essays of The Cambridge Companion to Leo Strauss provide a comprehensive and non-partisan survey of the major themes and problems that constituted Strauss's work.

In Modernism and the Celtic Revival, Gregory Castle examines the impact of anthropology on the work of Irish Revivalists such as W. B. Yeats, John M. Synge and James Joyce. Castle argues that anthropology enabled Irish Revivalists to confront and combat British imperialism. Castle shows how Irish Modernists employed textual and rhetorical strategies first developed in anthropology to translate, reassemble, and edit oral and folk-cultural material. Drawing on a wide range of postcolonial theory, this book should be of interest to (...) scholars in Irish studies, postcolonial studies, and Modernism. (shrink)