Judicial activism is in serious, though undeserved, trouble. The current impasse over its role in constitutional discourse pits two opposed positions committed to different paradigms of judicial activism against one another. One side condemns activist judges for engaging in ultra vires adjudication by reading their idiosyncratic values into the Constitution. In this view, the charge of judicial activism has significant content and should be deployed to restrain renegade judges. The other side insists that calling someone a "judicial activist" has only (...) emotive content and is used merely as an empty epithet denouncing judges with whom one disagrees. This Article redirects the controversy over judicial activism by distinguishing between two different, but interrelated, levels of constitutional discourse: the surface level and the deep level. The problem of judicial activism exists on the surface level of constitutional discourse and will remain irresolvable on that level. However, once we attend to the deep level of constitutional discourse, the role of judicial activism becomes clear. The presence of judicial activism on the surface structure of constitutional discourse reveals on the deep structure reasonable disagreement over the meaning of key constitutional provisions. The idea of "reasonable disagreement" is profitably explicated by combining what social theorist W.B. Gallie called "essentially contested concepts" with the political philosopher John Rawls' important categorization of "the burdens of judgment." These obstacles to rational consensus are endemic to a republican democracy. Consequently, reasonable disagreement over key constitutional provisions should not be regarded negatively; it is an inevitable and positive feature of any society championing liberty, equality, and pluralism. However, the inevitability and desirability of reasonable disagreement has institutional consequences for constitutional review. When reasonable disagreement is inevitable, legislatures, not courts should have the last word on constitutional meaning. (shrink)

Levack, John Having just read another poem about how a city-bred agnostic finds God after spending a weekend away in the Australian bush..

John Milton was not only the greatest English Renaissance poet but also devoted twenty years to prose writing in the advancement of religious, civil and political liberties. The height of his public career was as chief propagandist to the Commonwealth regime which came into being following the execution of King Charles I in 1649. The first of the two complete texts in this volume, The Tenure of Kings and Magistrates, was easily the most radical justification of the regicide at (...) the time. In the second, A Defence of the People of England, Milton undertook to vindicate the Commonwealth's cause to Europe as a whole. They are central to an understanding both of the development of Milton's political thought and the climax of the English Revolution itself. This is the first time that fully annotated versions have been published together in one volume, and incorporates a wholly new translation of the Defence. The introduction outlines the complexity of the ideological landscape which Milton had to negotiate, and in particular the points at which he departed radically from his sixteenth-century predecessors. Further aids to students include a full chronology of Milton's life and important contemporary events, a select bibliography and biographies of persons mentioned in the text. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:PLATO'S STATESMAN STORY: THE BIRTH OF FICTION RECONCEIVED by John Tomasi In "Plato's Atlantis Story and the Birth of Fiction," Christopher Gill wants to distinguish the story ofAdantis in the Critias from Plato's earlier stories—like diat in the Statesman.1 These stories, Gill claims, belong to different literary genres. While the Statesman story is but another example of fable, the Adantis story of the Critias represents the first example—the (...) first in Plato and indeed the earliest in all Western written culture—of an exciting new literary genre: narrative fiction. Gill describes narrative fiction as a kind ofgame into which the author invites his audience to join. The invitation to play the game of fiction is an invitation "to share in the willing and conscious acceptance of the false as true" (p. 65). The audience is provided the opportunity to become "willfully self-deceived" about the story's truth. Perhaps the main constraint on a story's belonging to the genre of fiction is the author's ability to transmit this special invitation to his reader. Gill says one major way to do this is by a framework of introductory signals which are mixed in a certain way. The Adantis story, as Gill claims, seems to be framed with signals that a self-deception game is about to begin. Socrates says Critias is like a playwright competing in front of an audience (108a). Gill reads line 107 to mean that Critias is concerned direcdy with "the problem of giving his narrative the illusory realism which he says audiences require." Also, Gill says, "the fact that it is a game is signalled by the overt claim to historical truth in a context in which we are not disposed to accept the claim" (p. 72). Plato thus introduces the Adantis story with a delicate mixture ofconflictingclaims about the story's factual status. Gill suggests the reader should interpret this special mixture of signals as being a Philosophy and Literature, © 1990, 14: 348-358 John Tomasi349 sort of invitation to "make pretend," to play a pleasant game, to allow die reader to become willfully self-deceived. Within die Adantis story itself diere are further marks of die fiction genre. Narrative fiction can be a compelling game, and good fiction writers often slip into the game themselves, writing with a concern for detail and with a word choice so sensitive that the reader may feel that die writer too must believe in this fictional world. The Adantis story certainly exhibits this mark of fiction. As Gill puts it, in writing about Adantis Plato seems at times to have become "momentarily infatuated with the world he is creating."2 Such infatuation, exhibited especially perhaps in the detailed descriptions in the Critias of the splendors of the Adantean city and in the passionate portrayal of the growth of hubris in the citizens' hearts, is perhaps what gives the Adantis story some of its special potency, what makes it especially gripping to us (116c—ll7e; 121a-c). Clearly, it is a story with which writer as well as reader might develop an intimate relationship. In Plato's Atlantis story the framing signals are mixed with a deliberate subtlety, and the reader at times senses the writer's infatuation with his own tale. The Adantis story is thus crafted to get from the reader what Plato is after: "a willed self-deception, a chosen suspension ofincredulity for the duration of the story." Gill concludes, "This new element of intended complicity in the fictional game makes his work the first piece of deliberately fictional narrative in Greek literature" (p. 76). Gill's argumentthat the Adantis story belongs to the genre ofnarrative fiction is provocative and on the whole convincing. But is the Adantis story really the first Western instance of that genre? Is it even Plato's first attempt at fiction? I think it is not. I would like now to examine the storywithin the Statesman, a storywhich Gill says was probablywritten before the Adantis story. Might the Statesman story be a still earlier instance of narrative fiction? The signals framing the Statesman story are mixed indeed. At first, the Stranger tells young Socrates that... (shrink)

John Robertson; XV*—Hume on Practical Reason, Proceedings of the Aristotelian Society, Volume 90, Issue 1, 1 June 1990, Pages 267–282, https://doi.org/10.1093/a.

In Reshaping Reason, John McCumber breathes new life into American philosophy. Moving past the tired divide between "analytic" and "continental" camps, he proposes new directions to unite a discipline which has become more unfocused and invisible. McCumber recommends a new set of rational tools to enable philosophers and then puts these tools to work to redefine epistemology, ontology, and ethics. Reshaping Reason explores philosophy's achievements and failures in a cold light and paves the way for the discipline to become (...) more meaningful and relevant to society at large. (shrink)

_Screen, Culture, Psyche_ illuminates recent developments in Jungian modes of media analysis, and illustrates how psychoanalytic theories have been adapted to allow for the interpretation of films and television programmes, employing Post-Jungian methods in the deep reading of a whole range of films. Readings of this kind can demonstrate the way that some films bear the psychological projections not only of their makers but of their audience, and assess the manner in which films engage the writer’s own psyche. Seeking to (...) go beyond existing theories, John Izod explores the question of whether Jungian screen analysis can work for ordinary filmgoers - can what functions for the scholar be said to be true for people without a background in Jung’s ideas? Through detailed readings of a number of films and programmes, John Izod builds on the work previously done by Jungian film analysts, and moves on to contemplate the level of audience engagement. Offering deep readings of films directed by Kubrick and Bernardo Bertolucci, as well as satirical comedy, documentaries and twenty-first century Westerns, the book explores the extent to which they manage to make the psychological impact on spectators that films of a similar kind have done on Jungian writers. The author concludes that the screen texts with the best likelihood of impacting the culture of the audience through their collective psychological force fall at opposite ends of the size and budget range: highly personal documentaries, and the most affecting of mainstream genre movies. This innovative text will be essential reading for psychoanalysts and therapists, as well as students and scholars of film with an interest in understanding how screen products work psychologically to engage the viewer. (shrink)

Collins, John Francis; Carroll, Sandra In the April 2012 edition of The Australasian Catholic Record John Duiker presented a useful overview and history of the Catholic Charismatic Renewal titled 'Spreading the Culture of Pentecost in the Midst of Disenchantment.' According to Duiker the CCR as an ecclesial movement 'has its origins in a retreat that was held at Duquesne University in Pittsburgh, Pennsylvania in the USA in February 1967.' Describing this event as a Pentecost experience Duiker writes that (...) the movement that was started by this event 'spread to other college campuses and continued to spread right across the world, and now exists in over 220 countries and has touched the lives of over 120 million Catholics.' Duiker's article draws on Charles Taylor's thesis that our post-enlightenment Western culture has been emptied-out of the idea of God's providence leading to 'a diminishing of the necessity of grace and a fading of the sense of mystery.' Duiker then presents a case for CCR being recognised 'as an example for the re-enchantment of a post-Enlightenment secular world.'. (shrink)

Art of seeing, John Rajchman argues in his essay, was in the center of Michel Foucault’s critical attention as well as practice. Foucault himself was a visual thinker and writer. More importantly, however, the ways in which historically changing vision determines not only what is seen, but what can be seen, are one of his major concerns. Rupture with self-evidences is then the first step one must take to make the invisible – yet not hidden – power visible. Th (...) e invisibility of power, seen as the invisible light that makes other things visible, is what makes it tolerable. Knowledge and the practice of knowing themselves are constructed by the technology of the visual, such as the diff erent types of spaces that bring about specific visibility. In Foucault’s histories, the prison or the clinic are such spaces that have visualized criminality, sexuality or madness in particular manner. However, problematization of these things needs to go beyond new ways of looking at them and has to question their entire field of vision. This implies that Foucauldian ethics is less concerned with what we do about things themselves, instead, it rather asks how we see them in the first place and how can they be seen differently. It thus requires not to look within us, on the contrary, we should look out, from outside of ourselves. (shrink)

This article is the basis of an invited talk at KR-96 in 1996 November. It has been modified from the version that appeared in the preprints of that meeting. There is an html version, a.dvi version,.pdf version and a.ps version. Up to: Main McCarthy page Up to: Send comments to mccarthy @stanford.edu. I sometimes make changes suggested in them. - John McCarthy.

Donald M. MacKinnon has been one of the most important and influential of post-war British theologians and religious philosophers. Generally eclectic, frequently allusive, usually intellectually generous, persistently richly challenging and always astonishingly erudite, he had a significant impact on the development and subsequent theological work of the likes of Rowan Williams, Nicholas Lash, David Ford and John Milbank. A younger generation largely emerging from Cambridge, but with influence elsewhere, has more recently brought MacKinnon's normally occasionalist writing to a larger (...) audience worldwide where it is beginning to receive noteworthy attention. In this collection several of MacKinnon's most outstanding papers not yet published in book format is collected together with an Editorial Introduction by a former student of one of MacKinnon's own students. They range from his reflections on theology as educational, the nature of moral reasoning, considerations of ecclesial practice, dogmatics and hope. Here is another reminder of MacKinnon's intellectual brilliance. (shrink)

Collins, John Francis; Carroll, Sandra The publication of the 'Norms for the Formation of Permanent Deacons and Guidelines for the Ministry and Life of Permanent Deacons' by the Australian Catholic Bishops Conference, in August 2016, has renewed focus on the role of permanent deacon. This article uses a heuristic structure to discuss the role of the permanent deacon in the Catholic Church in Australia. It then provides a historical perspective and background on the worker priest movement from the mid-twentieth (...) century to explore the possibility of its application to the contemporary role of permanent deacon. (shrink)

John Drummond; Foucault for Students of Education, Journal of Philosophy of Education, Volume 34, Issue 4, 7 March 2003, Pages 709–719, https://doi.org/10.1111/.

Keywords: geology instrument probe Earth interior crust magma core crack underground nuclear explosion molten iron China Syndrome melting rock Published in the December-2003 issue of Analog Science Fiction & Fact Magazine ; This column was written and submitted 06/22/2003 and is copyrighted ©2003 by John G. Cramer. All rights reserved. No part may be reproduced in any form without the explicit permission of the author.

John Frame gives us an accessible introduction to "triperspectival" study-where theological issues are fruitfully viewed from multiple perspectives without compromise to their unity and truth. Book jacket.

Nietzsche's Voices, the latest volume of John Sallis's Collected Writings, presents his two-semester lecture course on Nietzsche offered in the Philosophy Department of Duquesne University during the school year 1971-72. "Nietzsche is easy to read; his is apparently the easiest of all the great philosophies. Yet the easy intelligibility is deceptive. Nietzsche's writings make us believe we have understood when in fact we have not. His philosophy is actually the exact opposite of easy," says Sallis. He first discusses Nietzsche's (...) life and the relevance of the classical Greeks to his thought. Then, in invigorating detail, Sallis discusses Nietzsche's views on truth, morality, and the death of God. The final lecture covers Thus Spoke Zarathustra, Nietzsche's influential but highly debated work of philosophical fiction. Nietzsche's Voices represents an essential introduction to the thought of Friedrich Nietzsche, as presented by one of today's most significant philosophers. (shrink)

This paper has two parts. The first is an exposition of John Foster's argument that ultimate reality, whatever else it might be, is not physical, and could not be. The second part is a somewhat tentative discussion of this argument, in which I consider ways it might be challenged or amended. I suggest that while Foster's argument may not render materialism untenable, at the very least it forces the materialist to adopt certain other controversial views, and so is a (...) force to be reckoned with. I shall use the term physical anti-realism to denote the thesis that ultimate reality does not, and cannot possibly, contain anything material or physical. By physicalism I mean the doctrine that ultimate reality can be physical, at least in part. What Foster means by "ultimate reality" will be explained shortly, but it can be taken roughly to mean: the world as it really is, objectively, as opposed to how it appears to be, or how we conceive it to be. The full-scale version of Foster's argument for physical anti-realism is to be found in the first eleven chapters of The Case for Idealism.2 In the remaining six chapters, he argues that the best way of accommodating this negative result is to adopt a version of phenomenalism, by holding that the physical world exists, but only as a "creation" of contingent constraints on the course of human sensory experience. In what follows, I shall be concerned only with the negative part of Foster's argument, his case against physicalism. Foster himself has recently provided a shorter version of his argument, in "The Succinct Case for Idealism".3 The latter work, henceforth The Succinct Case, as opposed to just The Case, is mainly given over to the anti-realist argument, and provides an excellent introduction to it. The exposition which follows may well be longer than the entire Succinct Case. (shrink)

An important book, one that can truly be called seminal. --America In a popular, informal style, the Jesuit author of many theological books and articles explores the question of interpersonal commitments . . . His book should do much to clarify a great deal of muddy thinking on a critical issue. --Library Journal Haughey is not addressing one life-style, but is writing for all, since all of us are committed to someone or something. His book is carefully written and deserves (...) careful reading. --Best Sellers John C. Haughey, SJ, is the author of 'The Holy Use of Money' and 'Should Anyone Say Forever?'. (shrink)

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.

In lieu of an abstract, here is a brief excerpt of the content:John Allman PAUL DE MAN, DECONSTRUCTION, AND DISCIPLESHIP God may be dead, but his vocabulary lives on, oddly enough, in the militandy secular pages of recent literary theory. Just when we thought it was safe to plunge the depths of postmodernism without the muddying mystifications of worship, religious language seems to have resurrected itself and is walking once again on the troubled waters of literary criticism. In an (...) essay on "The Institutional Control of Interpretation," forexample, Frank Kermode suggests that the Church offers us the best model for understanding the "exegetical activities" ofliterary critics everywhere: "self-perpetuating, hierarchical, authoritative, much concerned with questions of canon, and wont, as we are, to distinguish sharply between initiate and uninitiate readings, the Church is a model we would do well to consider as we attempt to understand our own practice."1 We can find traces of sacred vocabulary in the description not only of the Church of Criticism in general, but also of particular sects within this institution, even those determined to undermine the notion that anything is sacred. In fact, religious language seems most abundant in critical assessments ofdeconstruction, by all appearances the most iconoclastic of recent modes of interpretation. Gerald Graff, for example, argues that the deconstructive project transforms literature into "a vehicle for a nihilistic metaphysics, an anti-didactic form of preaching." Literature becomes "once again the great oracle of truth, but now the truth is that there is no truth. In a curiously inverted restatement of the religion of literature, the literary work is made the sole source of truth only in the sense that it alone refuses to succumb to the delusion that the truth can be spoken."2 Focusing on the style rather than the Philosophy and Literature, © 1990, 14: 324-339 John Allman325 dogma of deconstruction, Mark Felperin echoes a number of theorists (both radical and conservative) when he comments that de Man, Derrida, and their brethren, much like "high priests ofa new mystery cult," are guilty of "a deliberate obscurantism designed to exclude all but an elite—only those who already know will understand and be saved."3 And John Ellis suggests that "deconstructive logic" is simply a crude version of "a standard formula in many branches of religious mysticism."4 Clearly, Ellis, Graff, and others so stigmatize deconstruction not by way of providing neutral descriptions of an interpretive approach, but rather as part of a polemical strategy intended to expose flaws in deconstruction—its hypocrisy, its elitism, its unoriginality. Despite this appropriation of religious language in the rhetoric denouncing deconstruction, it seems to me to be both possible and useful to examine how religious vocabulary might offer a fair as well as illuminating means of describing rather than proscribing the critical phenomenon known as deconstruction. In particular, I would like to look at the ways in which the relation between the originators ofdeconstruction and their successors resembles that between master and disciple. To those sympathetic to deconstruction, such an approach may seem inappropriate, if not hostile; deconstructionists, accustomed to charges that they are presenting a metaphysics of absence, a religion of antirepresentationalism, have consistentiy denied that their practices are in any way religious. What I would like to suggest, however, is that deconstruction, like the texts it reads, is governed by the very forces it resists. By studying the relation between one "exemplary" deconstructive critic— Paul de Man—and one of his influencial students—Barbara Johnson—I hope to illustrate how the survival of deconstruction depends paradoxically on its ability to both resist and restore the powers that shape the relation between master and disciple. Particularly useful in the context ofmy argument are the observations of two sociologists of religion, Joachim Wach and Max Weber, whose sociological perspective permits them to comment on the dynamics of the master-disciple relationship without referring to any particular set of beliefs or teachings. Wach's essay "Master and Disciple" is especially helpful, for he begins his discussion of this dynamic by contrasting the relation between master and disciple with that between teacher and student. For Wach, the essential difference between master and teacher is that the teacher "gives a definite subject matter" while the master "provides only... (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

Alternate View Column AV-97 Keywords: super-lasers space molecules atom lasers 4-wave mixers direct CP violation matter-antimatter asymmetry K0 mesons Published in the October-1999 issue of Analog Science Fiction & Fact Magazine ; This column was written and submitted 03/28/99 and is copyrighted ©1999 by John G. Cramer. All rights reserved. No part may be reproduced in any form without the explicit permission of the author.

Alternate View Column AV-58 Keywords: Japan science fiction HamaCon physics Tscuba KEK TRISTAN Published in the April-1993 issue of Analog Science Fiction & Fact Magazine ; This column was written and submitted 9/17/92 and is copyrighted ©1992 by John G. Cramer. All rights reserved. No part may be reproduced in any form without prior explicit permission of the author.

When the Senate released its so-called "Torture Report" in December 2014 the world would learn that, for years, the CIA had used unimaginably brutal methods to interrogate its prisoners - often without yielding any useful or truthful information. The agency had long and adamantly defended its use of torture, staunchly arguing that it was not only just but necessary for the country's safety. And even amid the revelations of the report, questions abound about whether torture can be considered a justifiable (...) tool of national security. Is interrogational torture an effective method of extracting information? How good does the information extracted need to be for the torture to be considered successful? How often or how vigorously must torture be used to achieve valuable information? It may be the case that interrogational torture can never be justified under any circumstances, but, according to John Schiemann, if it is to be justified at all, it must be effective. According to more than one national poll, most Americans do believe that torture can work, and that it can be justified under certain circumstances. But if the information that torturers extract is bad, then the method amounts to nothing more than pure sadism. So, how can we solve the dilemma over whether to torture or not to torture? In this book, John Schiemann takes a truly unique approach to the question of torture: game theory. Thinking of torture as a "game" played between an interrogator and a detainee, the book walks the reader through the logic of interrogational torture, comparing the outcomes to the claims made by torture proponents. The book draws on a wide variety of sources ranging from records of the Inquisition to secret CIA memos to trace this logic, illustrating each outcome of the model with a narrative from the real world of interrogational torture. Does Torture Work? is an absorbing and provocative take on one of the most discussed human rights and security dilemmas of our time. (shrink)

In all the literature about ethical dilemmas facing the accounting practitioner little attention has been paid to those which arise from the accountant's role in the process of accounting regulation. This treatment explores that role in the light of differing national modes of accounting regulation, economic impact issues in accounting regulation, some ethical principles and a number of different national illustrations. John Blake is Professor of Accounting in the Department of Accounting and Financial Services at the University of Central (...) Lancashire, Preston PR1 2HE, in which Catherine Gowthorpe is Principal Lecturer, while Julia Clarke is a member of the Department of Business Studies, Manchester Metropolitan University, Aytoun Building, Aytoun Street, Manchester M1 3GH. (shrink)

Alternate View Column AV-70 Keywords: Casimir effect negative energy quantum nonlocality tachyons extra dimensions Published in the February-1995 issue of Analog Science Fiction & Fact Magazine ; This column was written and submitted 7/13/94 and is copyrighted ©1994 by John G. Cramer. All rights reserved. No part may be reproduced in any form without the explicit permission of the author.

Preface par PIERRE FORCE I have a very precise recollection of my first encounter with John Boi- tano. It was during the spring semester of 1988, ...

Essays by a prize-winning poet that explore the intersection of poetry and philosophy.

This chapter contains sections titled: Theology and Science Arguments from Nature Arguments from Design Arguments from Religious Experience Arguments from Morality Explanations for Reason The Ontological Argument for God The Argument from Pseudo‐science.

The years covered by this volume of the Collected Papers of Bertrand Russell were among the most productive, philosophically speaking, of Russell's entire career. In addition to the papers reprinted here, he bought Principia Mathematica to its finished form and wrote The Problems of Philosophy, Theory of Knowledge and Knowledge of the External World . In October 1910 he began teaching at Cambridge, having accepted an appointment as lecturer in logic and the principles of mathematics at Trinity College for a (...) term of five years. A year later Ludwig Wittgenstein began to attend his lectures. Within a few months he was influencing Russell's philosophical thinking as much as, or more than, Russell was influencing his. (shrink)