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1
European Court of Human Rights. Dialogue between judges. Strasbourg: European Court of Human Rights, 2006.
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2
L, Mactavish Anne, Jacobs Laverne A, and Canadian Institute for the Administration of Justice., eds. Dialogue between courts and tribunals: Essays in administrative law and justice, 2001-2007. Montréal: Éditions Thémis, 2008.
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China (Republic : 1949- ). Si fa xing zheng ting., ed. Bai nian si fa: Si fa, li shi de ren wen dui hua = A century of judiciary : a dialogue of civilization between judiciary and history. Taibei Shi: Si fa yuan, 2006.
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Sciberras, Colette, and Nelson Reveley. Dialogue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190456023.003.0004.
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This dialogue brings Buddhist thought into conversation with Protestant Christian theological ethics. The chapter examines the worldly and spiritual conflicts and connections of flourishing in Buddhist philosophy, and how those concepts echo Christian writings. Dialogue follows about Buddhist and Christian views of the afterlife, as well as suffering and impermanence, goodness and permanence, and how there can be happiness in both permanence and impermanence. Further discussion about how the tensions between material and spiritual flourishing play out in other aspects of life prompts questions about whether the world may be seen as good, what counts as good, and where value lies.
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Linares Cantillo, Alejandro, Camilo Valdivieso-León, and Santiago García-Jaramillo, eds. Constitutionalism. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896759.001.0001.
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This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January of 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates. These debates concern the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.
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Ryngaert, Cedric. Sources of International Law in Domestic Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0053.
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This chapter maintains that as both municipal and international law use legal norms to regulate social relationships, a space for inter-systemic interaction between both legal spheres emerges. Municipal legal practice can have an ‘upstream’ impact on the formation of the content of the sources of international law, where these require proof of State practice and/or opinio juris for valid norms to be generated. Particularly, domestic court decisions can have a jurisgenerative effect on customary international law, where they become part of a transnational dialogue between domestic and international courts on questions of international law determination. Admittedly, this dialogical process is hamstrung by the particularities of domestic law and the hard-to-eradicate selection bias of international law-appliers. However, a more objective comparative international law process can be grounded, geared to effective problem-solving guided by the persuasiveness and quality of reasoning of municipal court decisions relevant to international law.
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Ziccardi Capaldo, Giuliana, ed. The Global Community Yearbook of International Law and Jurisprudence 2018. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190072506.001.0001.
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The 2018 edition of The Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunal for the Former Yugoslavia, to economically based tribunals such as ICSID and the WTO Dispute settlement procedures. The contents of this part have been enriched with the inclusion of a new section devoted to the Permanent Court of Arbitration (PCA), the oldest global institution for the settlement of international disputes. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: whether the Paris Declaration of 2017 and the Oslo Recommendation of 2018 deals with enhancing their institutions’ legitimacy; how to reconcile human rights, trade law, intellectual property, investment and health law with the WTO dispute settlement panel upholding Australia’s tobacco plain packaging measure; Israel’s acceptance of Palestinian statehood contingent upon prior Palestinian “demilitarization” is potentially contrary to pertinent international law; and a proposal to strengthen cooperation between the ECJ and National Courts in light of the failure of the dialogue between the ECJ and the Italian Constitutional Court on the interpretation of Article 325 of the Treaty on the Functioning of the European union. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
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Mari, Manuela. Powers in Dialogue. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198804208.003.0005.
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Building on a slate of recent discoveries and publications, the chapter investigates how the Macedonian kings employed letters and so-called diagrammata to interact with and to rule over cities within their reign and regions under their control. It thus brings to life the diplomatic activity between court and constituencies that defined the political culture of fourth-century BCE Macedonia: the different types of missives used by the kings yield important insights into the administrative hierarchies and institutional procedures (as well as the ‘styles’ of exercising power) that sustained royal rule. Specifically, Mari reconsiders the role and function of the epistatai (the local administrators who received the letters and were in charge of distributing the royal message): as initial addressees of the royal correspondence but frequently nominated by the local community, they mediated between centre and periphery and thus functioned as vital nodes in imperial administration.
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Pope, Sue, and Alex Biedermann, eds. The Dialogue Between Forensic Scientists, Statisticians and Lawyers about Complex Scientific Issues for Court. Frontiers Media SA, 2020. http://dx.doi.org/10.3389/978-2-88966-049-0.
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Robert F, Williams. Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 5 The New Judicial Federalism. Oxford University Press, 2009. http://dx.doi.org/10.1093/acprof:oso/9780195343083.003.0005.
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This chapter discusses the evolution of the New Judicial Federalism, reflecting the realization that state constitutional rights provisions can provide, or be interpreted to provide, more rights than the federal Constitution's national minimum standards. It describes the wide variety of state constitutional rights provisions, together with the various stages of the New Judicial Federalism beginning in the 1970s. These developments consisted of state high court decisions, law review literature, including influential articles written by state judges as well as Justice William Brennan, Jr., and conferences. Also, the chapter describes the backlash against the New Judicial Federalism and the awareness that expansive judicial interpretations of state constitutions could be overturned by amendments to the texts of state constitutions. The chapter concludes with the suggestion that a true dialogue between state and federal courts concerning constitutional rights might be possible.
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Sujit, Choudhry. Part VI Constitutional Theory, F The Canadian Constitution in a Comparative Law Perspective, Ch.50 The Canadian Constitution and the World. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0050.
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This chapter examines the influence of elements of Canada’s constitutional model abroad, in three areas: (1) the Canadian Charter of Rights and Freedoms as an innovative way to institutionalize the relationship among legislatures, executives, and courts with respect to the enforcement of a constitutional bill of rights, as justified by “dialogue theory”, that contrasts starkly with its leading alternatives, the American and German systems of judicial supremacy; (2) Canada’s plurinational federalism as a strategy to accommodate minority nationalism and dampen the demand for secession and independence within the context of a single state, by divorcing the equation of state and nation; and (3) the complex interplay between a constitutional bill of rights and minority nation-building, as reflected in the constitutional politics surrounding the recognition of Quebec’s distinctiveness, and the role of the Supreme Court of Canada in adjudicating constitutional conflicts over official language policy arising out of Quebec.
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Capaldo, Giuliana Ziccardi. Getting to a Global Constitution Expanding Human Rights Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.003.0001.
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The expansion of the global constitutional principle of no-impunity and its application to serious violations of social and economic rights are part of the process of constitutionalization of global law and its principles through jurisprudential cross-fertilization. The author identifies in the ECJ’s innovative approach to serious tax frauds in the Taricco judgment an opportunity to develop a judicial dialogue between international and national courts aimed at strengthening the paradigm of the no-impunity-imprescriptibility of the new criminal jurisdiction centered on the International Criminal Court (ICC). As announced in the Policy Paper on Case Selection and Prioritisation (PCSP), the ICC will now expand its focus on prosecuting with national governments such serious crimes as “financial crimes”. The ICC is not formally extending its jurisdiction to these cases, but this process has begun—based on the Rome Statute that recognizes that serious international crimes “threaten the peace, security and well-being of the world”.
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Kent, Roach. Part V Rights and Freedoms, A Litigating and Interpreting the Charter, Ch.32 Charter Remedies. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0032.
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This chapter argues that interpretative remedies have qualified the supremacy clause in section 52(1) of the Constitution Act, 1982 and should only be used when courts can avoid making choices best left to the legislature. It also suggests that suspended declarations of invalidity facilitate dialogue between courts and legislatures but should, as in the recent assisted dying case, be administered so that litigants not suffer irreparable harm during the suspension. Rights may be better enforced and developed in the criminal than the civil trial context because stronger remedies such as exclusion of evidence are available whereas most awards of Charter damages have been modest. Canadian courts prefer declarations or individual remedies such as damages or habeas corpus over the use of injunctions and the retention of jurisdiction. This has impoverished Charter rights relating to conditions of confinement, illustrating how remedies affect and even shape rights.
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Hurd, Ian. Authority and International Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0022.
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This chapter considers efforts to assess the authority of international courts. The framework proposed in this book suggests that court authority can be inferred from the behavior of governments and it imagines an ideal-type authority relation by which subjects acquiesce to courts out of respect for their authority. These two constitute a research program that aims to identify changes in behavior that follow from court authority rather than from the interests of the actors. There is a mismatch between the concept of authority and the methodology of content-independent behavioralism. The behavioral approach severs courts from the political motivations of those who create and use them, and directs research away from questions about the political goals that animate international legalization. A more dialogic approach may be useful, that considers the internal perspective of the actor and explores the purposes of these agents to understand why they do the things they do.
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Interaction Between Europe's Legal Systems: Judicial Dialogue and the Creation of Supranational Laws. Elgar Publishing Limited, Edward, 2012.
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16
Rie, Michael A. Medico-legal liability in critical care. Oxford University Press, 2016. http://dx.doi.org/10.1093/med/9780199600830.003.0027.
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The Oxford Textbook of Critical Care is an English language international text that recognizes the English Common Law as the foundation of contemporary judicial precedents governing obligations and responsibilities within the patient–doctor relationship. Although medical ethics and their recognition are generally known, Common Law interpretation of resource consumption and entitlement limits to critical care services has varied widely. Case examples of enduring professional negligence are offered. While legal systems may have differing origins, the imbalance between resource allocation and lawful definition of entitlement limitations requires further clarity within the law. Preserving professional integrity requires active public education and professional group dialogue with governments and the courts. Such patient advocacy will both preserve the rule of law and patient trust in all critical care professionals.
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Stirn, Bernard. The Independence and Interdependence of Judges. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198789505.003.0005.
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Chapter 5 analyses the independence and impartiality of Europe’s judge; but it does so under the heading ‘independence within interdependence’. By doing so, it brings out the various ways in which the judges of Europe refer to each other and endeavour to learn from each other’s jurisprudence. The chapter sets out this dual quality of independence and interdependence by, first, analysing the development of constitutional adjudication in Europe; then, second, the evolution of reinforcement of judicial control with the executive; thirdly, it looks at the right to an effective remedy before an independent and impartial tribunal—in relation to all these developments the chapter sets out and analyses the co-operation and dialogue which is taking place between the courts of Europe.
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Vittoria, Barsotti, Carozza Paolo G, Cartabia Marta, and Simoncini Andrea. Italian Constitutional Justice in Global Context. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780190214555.001.0001.
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This is the first book published in English to provide to an international audience a comprehensive examination of the Italian Constitutional Court (ItCC) and its principal lines of jurisprudence, historical origins, current engagement with transnational European law, organization, and procedures. In global constitutional dialogue, the voice of the ItCC has been entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a unique voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. The goal of this book is to elevate Italian constitutional jurisprudence into an active participant role in global constitutional discourse and describe the “Italian style” in global constitutional adjudication. The authors have carefully structured the work to allow the ItCC’s own voice to emerge: it presents broad syntheses of major areas of the Court’s case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and situates the development, character, and importance of the ItCC’s jurisprudence in the larger arc of global judicial dialogue.
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van Aaken, Anne, Iulia Motoc, and Johann Justus Vasel. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830009.003.0001.
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There are many ways of looking at the relationship between international human rights law (IHRL) and general international law. One may look at the influence of IHRL on general international law, or at the reverse influence, using a method of tracing judgments and their influence on other international courts. One may also discuss the relationship under the heading of fragmentation, taking a broader, systemic, and institutional view. This introduction embeds the specified topics treated in the book which we deem exemplary, namely sources, interpretation, jurisdiction, state responsibility, and immunity in this discussion, looking at both ways of influence. This book explores the interaction effects arising in the context of human rights between the European Convention on Human Rights and general international law. Some of the chapters suggest reconciling methods and convergence whereas others stress the danger of fragmentation. There is no single view which fits all issue areas of international law but judicial dialogue is of utmost importance to ensure the sustainable development of the law for the benefit of human rights.
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Gamberini, Andrea. The Political Cultures of the City and the Territory. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824312.003.0005.
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The projection of the city commune beyond the walls raised the issue of confrontation not only with imperial political culture, but also with that of the territorial bodies. The civitates initiated a dialogue with the latter which initially valorized those elements in common above all—those, in other words, on which it was possible to build agreements. These ranged from the allodiality of power to the culture of possession, to feudalism, etc.—elements consistent with a policy of expansion that in these initial stages generally took place peacefully. One case apart was the political culture of territoriality, which jurists from a later age summed up with the formula iurisdictio cohaeret territorio: not unknown to the society of the countryside, it acquired increasing importance only when the civil courts, called upon to resolve jurisdictional litigation between lords, elected it as the ordering principle of the power struggles in the countryside.
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McCrudden, Christopher. Litigating Religions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198759041.001.0001.
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Religions are a problem for human rights, and human rights are a problem for religions. And both are problems for courts. This essay presents an interpretation of how religion and human rights interrelate in the legal context, and how this relationship might be reconceived to make this relationship somewhat less fraught. It examines how the resurgent role of religion in public life gives rise to tensions with key aspects of human rights doctrine, including freedom of religion and anti-discrimination law, and how these tensions cannot be considered as simply transitional. The context for the discussion is the increasingly troubled area of human rights litigation involving religious arguments, such as wearing religious dress at work, conscientious objections by marriage registrars, admission of children to religious schools, prohibitions on same-sex marriage, and access to abortion. This essay examines doctrinal developments in these areas, where standoffs between organized religions and human rights advocates in the courts have been common. The essay argues that, if we wish to establish a better dialogue between the contending views, we must first identify a set of recurring problems identifiable in such litigation. But to address these recurring problems requires more than simply identifying these problems and requires changes both in human rights theory and in religious understandings of human rights. The essay argues that, by paying close attention to developments in human rights litigation, we can make theoretical progress.
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Peter W, Hogg. 2 Canada: From Privy Council to Supreme Court. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0003.
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Canada has no single document that is customarily described as ‘the constitution’. The closest approximation of such a document is the Constitution Act 1867, which was originally named the British North America Act 1867. This is a statute of the United Kingdom Parliament that created the new Dominion of Canada by uniting three of the colonies of British North America and by providing the for the admission of all the other British North American colonies and territories. This chapter presents an overview of Canada's constitution and discusses its interpretation, the Supreme Court of Canada, separation of powers, problems of constitutional interpretation, interpretation of the residuary clause, interpretation of the Charter of Rights, interpretation of Aboriginal rights, interpretation of judicial independence, sources of interpretation, constitution as statute, legislative history, modes of interpretation, originalism, unwritten constitutional principles, influences on interpretation, dialogue between the Court and legislatures, presumption of constitutionality, and formalism and creativity.
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SI, Strong. I Preliminary Matters, 1 Introduction: Global Developments in Trust Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759829.003.0001.
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This introductory chapter provides an overview of the book’s main themes. This book discusses the current state of internal trust arbitration around the world and analyzes relevant issues as a matter of both national and international law. Contributions come from specialists in both trust law and arbitration law, thereby improving the dialogue between the two disciplines and helping courts, legislatures, parties, and practitioners from around the world to appreciate whether and to what extent internal trust arbitration disputes are or can become arbitrable in their home jurisdictions. The book is organized as follows. Section I discusses several preliminary matters, including the challenges facing internal trust arbitration. Section II considers internal trust arbitration from an institutional perspective. Section III looks at internal trust arbitration from various national perspectives. Section IV turns to various questions arising under international law. Section V presents a cross-disciplinary and cross-cultural analysis that attempts to bring together the various strands of discussion and identify how internal trust arbitration is likely to develop in the coming years.
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Nadeau, Robert. Rebirth of the Sacred. Oxford University Press, 2013. http://dx.doi.org/10.1093/oso/9780199942367.001.0001.
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There is also a large and growing consensus in the scientific community that resolving the environmental crisis will require massive changes in our political and economic institutions and new standards for moral and ethical behavior. In this groundbreaking book, Robert Nadeau makes a convincing case that these remarkable developments could occur if sufficient numbers of environmentally concerned people participate in the new dialogue between the truths of science and religion. Those who enter this dialogue will discover that the most fundamental scientific truths in contemporary physics and biology are analogous to and fully compatible with the most profound spiritual truths in all of the great religious traditions of the world. They will learn that recent scientific research has revealed that all of the 7 billion people on this planet are members of one extended human family and closely resemble other members of this family in genetic, cognitive and behavioral terms. And they will also learn that this research has also shown that we have an evolved and innate capacity to experience the other as oneself on the precognitive level and to engage in spontaneous moral behavior in the absence of feedback from higher level cortical processes associated with making conscious moral decisions. During the course of this discussion, it should become clear that there are two reasons why the new dialogue between the truths or science and religion could greatly enhance the prospects of resolving the environmental crisis. The first is that this dialogue can serve as the basis for articulating and disseminating an environmental ethos with a profound spiritual dimension. And the second is that the widespread acceptance of ethos could result in the fairly rapid emergence of well organized and highly effective worldwide movement in religious environmentalism.
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Marcus, Benjamin P. Religious Literacy in American Education. Edited by Michael D. Waggoner and Nathan C. Walker. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199386819.013.38.
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Popular definitions of religious literacy don’t capture the reality of lived religion in a plural age. Using language as a metaphor for religion, this chapter differentiates between religious fluency among co-religionists and the ability to read and interpret the vocabulary of the “language” of the religious other. Whereas advocates for biblical literacy and world religions courses often reinforce an essentialist understanding of religion that presents only the “standard” version of a language, this chapter suggests an alternative 3B Framework that encourages students to consider how the interrelationship of belief, behavior, and belonging creates religious “dialects.” A pedagogy built around the 3B Framework encourages students to compare and contrast the construction of religious languages in a linguistic mode, analyzing the importance of belief, behavior, and belonging for individuals or communities. This framework opens possibilities for inter-religious dialogue between “multilingual linguists” who can engage the most meaningful aspects of interlocutors’ religious identity.
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Johnson, Galen A., Mauro Carbone, and Emmanuel de Saint Aubert. Merleau-Ponty's Poetic of the World. Fordham University Press, 2020. http://dx.doi.org/10.5422/fordham/9780823288137.001.0001.
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Merleau-Ponty’s Poetics of the World offers detailed studies of the philosopher’s engagements with Proust, Claudel, Claude Simon, André Breton, Mallarmé, Francis Ponge, and more. From Proust, Merleau-Ponty developed his conception of “sensible ideas,” from Claudel, his conjoining of birth and knowledge as “co-naissance,” from Valéry came “implex” or the “animal of words” and the “chiasma of two destinies.” Thus also arise the questions of expression, metaphor, and truth and the meaning of a Merleau-Pontyan poetics. The poetic of Merleau-Ponty is, inseparably, a poetic of the flesh, a poetic of mystery, and a poetic of the visible in its relation to the invisible. This poetics is worked out across each co-author’s chapters in dialogue with Husserl, Walter Benjamin, Heidegger, and Sartre. A new optic proposes the conception of literature as a visual “apparatus” in relation to cinema and screens. Recent transcriptions of Merleau-Ponty’s first two 1953 courses at the Collège de France The Sensible World and the World of Expression and Research on the Literary Usage of Language, as well as the course of 1953–54, The Problem of Speech, lend timeliness, urgency and energy to this project. Our goal is to specify more precisely the delicate nature and properly philosophical function of literary works in Merleau-Ponty’s thought as the literary writer becomes a partner of the phenomenologist. Ultimately, theoretical figures that appear at the threshold between philosophy and literature enable the possibility of a new ontology. What is at stake is the very meaning of philosophy itself and its mode of expression.
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Cheetham, David. Creation and Religious Pluralism. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198856665.001.0001.
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In the well-worn debates about religious pluralism and the theology of religions there have been many different rubrics used to account for, comprehend, or engage with the religious other. This book is chiefly a work of Christian theology and seeks to bring the doctrine of creation and the theology of religions into dialogue and in so doing it comes at things from a different direction than other works. It contains an extensive exploration of the doctrine of creation and asks how it might intervene distinctively in these discourses to produce a new conceptual and practical topography. It will consider interreligious engagement from the perspective of the doctrine of creatio ex nihilo that forms the dominant view in the Jewish, Christian and Islamic traditions. In the course of the book’s narrative, there will be close consideration given to anthropology (i.e. creaturehood), the quotidian and wisdom, the idea of ‘sabbath’, human action, and work, and vivifying the immanent through a consideration of some representative phenomenologists. The book will develop these ideas in a more practical direction by considering sacraments and rituals in the public sphere as well as attempting to describe the kind of ‘creational politics’ that might bring traditions into dialogue. Whilst these themes will challenge more conventional ways of considering relations between religions, such themes—because they are different from concerns commonly found in the literature—can also be profitably engaged with across the spectrum of opinion (i.e. exclusivist or pluralist etc.). Thus, whilst the position adopted in this work is creatio ex nihilo, part of the motivation is to review the ways in which this focus helps to broaden rather than limit the discussion.
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Denecke, Wiebke, Wai-Yee Li, and Xiaofei Tian, eds. The Oxford Handbook of Classical Chinese Literature. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199356591.001.0001.
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This handbook of Classical Chinese literature from 1000 bce through 900 ce aims to provide a solid introduction to the field, inspire scholars in Chinese Studies to explore innovative conceptual frameworks and pedagogical approaches in the studying and teaching of classical Chinese literature, and facilitate a comparative dialogue with scholars of premodern East Asia and other classical and medieval literary traditions around the world. The handbook integrates issue-oriented, thematic, topical, and cross-cultural approaches to the classical Chinese literary heritage with historical perspectives. It introduces both literature and institutions of literary culture, in particular court culture and manuscript culture, which shaped early and medieval Chinese literary production. It problematizes the gap between traditional concepts and modern revisionary definitions of literary categories and fosters critical awareness of how this has shaped the transmission and reception of literature and literary history. It discusses both canonical works and works that fall between the cracks of modern disciplinary divisions of “philosophy,” “religion,” “history,” and “literature.” Adopting a thematic approach, it traces the trajectory of ideas and motifs articulated across different genres, periods, and cultural spheres and lays the groundwork for comparisons with other literary cultures. Finally, it places early and medieval China in its regional context by including chapters on translation, on cultural interactions with the Northwestern regions, and on the literatures produced in Korea, Japan, and Vietnam in Literary Chinese, recapturing the functioning of the East Asian Sinographic Sphere.
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Randall, David. The Concept of Conversation. Edinburgh University Press, 2018. http://dx.doi.org/10.3366/edinburgh/9781474430104.001.0001.
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The Concept of Conversation traces the rise of conversation from a minor mode of rhetoric to the point where rhetoric as a whole was redefined as conversation, and argues that this was the most important change in rhetoric during the centuries between 1400 and 1700. In the classical period, conversation referred to real conversations, conducted in the leisure time of noble men, and concerned with indefinite philosophical topics. Christianity inflected conversation with universal aspirations during the medieval centuries and the ars dictaminis, the art of letter writing, increased the importance of this written analogue of conversation. The Renaissance humanists from Petrarch onward further transformed conversation, and its genre analogues of dialogue and letter, by transforming it into a metaphor of increasing scope. This expanded realm of humanist conversation bifurcated in Renaissance and early modern Europe. The Concept of Conversation traces the way the rise of conversation spread out from the history of rhetoric to include the histories of friendship, the court and the salon, the Republic of Letters, periodical press and women. It revises Jürgen Habermas’ history of the emergence of the rational speech of the public sphere as the history of the emergence of rational conversation and puts the emergence of women’s speech at the centre of the intellectual history of early modern Europe.
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Williams, Gareth D. Pietro Bembo on Etna. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190272296.001.0001.
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This book is centered on the Venetian humanist Pietro Bembo (1470–1547), on his stay in Sicily in 1492–4 to study the ancient Greek language under the Byzantine émigré Constantine Lascaris, and above all on his ascent of Mount Etna in 1493. The more particular focus of this study is on the imaginative capacities that crucially shape Bembo’s elegantly crafted account, in Latin, of his Etna adventure in his so-called De Aetna, published at the Aldine Press in Venice in 1496. This work is cast in the form of a dialogue that takes place between the young Bembo and his father, Bernardo (himself a prominent Venetian statesman with strong humanist involvements), after Pietro’s return to Venice from Sicily in 1494. But De Aetna offers much more than a one-dimensional account of the facts, sights, and findings of Pietro’s climb. Three mutually informing features that are critical to the artistic originality of De Aetna receive detailed treatment in this study: (i) the stimulus that Pietro drew from the complex history of Mount Etna as treated in the Greco-Roman literary tradition from Pindar onward; (ii) the striking novelty of De Aetna’s status as the first Latin text produced at the nascent Aldine Press in the prototype of what modern typography knows as Bembo typeface; and (iii) Pietro’s ingenious deployment of Etna as a powerful, multivalent symbol that simultaneously reflects the diverse characterizations of, and the generational differences between, father and son in the course of their dialogical exchanges within De Aetna.
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Pontes Filho, Raimundo Pereira. Desafios à segurança pública no Brasil. Brazil Publishing, 2020. http://dx.doi.org/10.31012/978-65-5861-169-1.
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The problems and themes dealt with in the course of this work constitute repeated challenges to public security in Brazil. There are several others, no doubt, but here is a simple sample of the main ones. The urgent need to review the concept and the model put into practice, predominantly, as a public security paradigm in Brazilian society is evident. It is a demanding task, it requires considerable effort, however, it is essential to the perspectives of life in society in the country, under penalty of making the social reality increasingly dramatic and violent. In this sense, without pretending to point out or constitute any conclusive character, this work aims to collaborate to understand, subsidize, encourage the search for new multidisciplinary solutions with a view to overcoming the serious scenarios of violence and crime in force in the country. It is important to recognize the existence of good practices, including with an interactive focus between disciplines that study or deal with the problem, although they are still far from the answers demanded by the problems arising from public insecurity. In short, “Challenges to public security” is a work that proposes dialogue, questioning and the effort to jointly build possible alternatives and solutions aimed at different socio-cultural contexts impacted adversely by the damages imposed by violence and the culture of crime in Brazil.
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Chepurin, Kirill, and Alex Dubilet, eds. Nothing Absolute. Fordham University Press, 2021. http://dx.doi.org/10.5422/fordham/9780823290161.001.0001.
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Staging for the first time in extant scholarship a rigorous encounter between German thought from Kant to Marx and new forms of political theology, this ground-breaking volume puts forward a distinct and powerful framework for understanding the continuing relevance of political theology today as well as the conceptual and genealogical importance of German Idealism for its present and future. Against traditional approaches that view German Idealism as essentially a secularizing movement, this volume approaches it as the first speculative articulation of the political-theological problematic in the aftermath of the Enlightenment and the advent of secularity. Via a set of innovative readings and critiques, the volume investigates anew such concepts as immanence, utopia, sovereignty, mediation, indifference, the earth, the absolute, or the world, bringing German Idealism and Romanticism into dialogue with contemporary investigations of the (Christian-)modern forms of transcendence, domination, exclusion, and world-justification. Over the course of the volume, post-Kantian German thought emerges as a crucial phase in the genealogy of political theology and an important point of reference for the ongoing reassessment of modernity and secularity. As a result, this volume not only rethinks the philosophical trajectory of German Idealism and its aftermath from a political-theological perspective, but also demonstrates what can be done with (or against) German Idealism using the conceptual resources of political theology today.
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Ronin, Marguerite, and Cosima Möller, eds. Instandhaltung und Renovierung von Straßen und Wasserleitungen von der Zeit der römischen Republik bis zur Spätantike. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748900269.
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Roads, bridges, aqueducts and canals are amongst the physical infrastructures that allowed Roman dominance over the Empire, while meeting economic, social and strategic needs. Due to their structural role in the management and control of a territory, they must be examined in view of the “longue durée”, which necessarily raises the issue of their regular maintenance and occasional restoration. By studying the interactions between different political and administrative authorities, but also the involvement of private individuals, be they users or riverside occupants, the papers gathered in this volume highlight the rehabilitation procedures of road and hydraulic facilities, but also the prevention strategies against potentially irreversible damages. To understand the overall legal framework, along with the technical constraints and socio-political modalities of these interventions, a multidisciplinary approach was adopted to foster the dialogue between history, archaeology and Roman law. With contributions by Cosima Möller, Marguerite Ronin: Einleitung/Introduction Johannes Michael Rainer: Die Interdikte zum Schutze von Strassen und Wasserwegen im römischen Recht Christer Bruun: Die Bedeutung der Flüsse für den Verkehr und für die ländliche Wasserversorgung nach den Ansichten der römischen Juristen und Kaiser Ignacio Czeguhn: Kontinuität von Rechtsregelungen über Fragen des Wasserrechts auf der iberischen Halbinsel Charles Davoine: La restauration des infrastructures routières dans l’Occident romain. L’apport des inscriptions Marguerite Ronin: L’entretien des réseaux d’adduction privés et la gestion du risque de pénurie dans l’Empire romain. L’apport des sources juridiques Yasmina Benferhat: Die kurzlebigen Brücken Hélène Dessales, Julie Carlut, Francesca Filocamo: L’entretien d’un aqueduc face aux risques géologiques. Le cas du Serino, Italie Laetitia Borau: Entretien et restauration des aqueducs: quels indices archéologiques? L’exemple de la Gaule romaine Nicolas Lamare: Lacum uetustate conlabsum restituere: restaurations et transformations des fontaines monumentales d’Afrique tardive Michel Tarpin: Territorialisation des corvées et de la fiscalité: le rôle des pagi dans l’entretien et l’utilisation des voies et cours d’eau
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Moran, Richard. The Exchange of Words. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190873325.001.0001.
Full textAbstract:
The capacity to speak is not only the ability to pronounce words, but is the socially recognized capacity to make one’s words count in various ways. We rely on this capacity whenever we tell another person something and expect to be believed, and what we learn from others in this way is the basis for most of what we take ourselves to know about the world. The Exchange of Words is a philosophical exploration of human testimony, specifically as a form of intersubjective understanding in which speakers communicate by making themselves accountable for the truth of what they say. This account weaves together themes from philosophy of language, moral psychology, action theory, and epistemology, for a new approach to this fundamental human phenomenon. The account concentrates on the difference between what may be revealed in one’s speech (like a regional accent) and what we explicitly claim and make ourselves answerable for. Some prominent themes include the meaning of sincerity in speech, the nature of mutuality and how it differs from “mind reading,” the interplay between the first-person and the second-person perspectives in conversation, and the nature of the speech act of illocution as developed by philosophers such as J. L. Austin and Paul Grice. Ordinary dialogue is the locus of a kind of intersubjective understanding that is distinctive to the transmission of reasons in human testimony, and The Exchange of Words is an original and integrated account of this basic way of being informative and in touch with one another.
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Coffin, Judith G. Sex, Love, and Letters. Cornell University Press, 2020. http://dx.doi.org/10.7591/cornell/9781501750540.001.0001.
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When this book's author discovered a virtually unexplored treasure trove of letters to Simone de Beauvoir from Beauvoir's international readers, it inspired the author to explore the intimate bond between the famed author and her reading public. This correspondence, at the heart of the book, immerses us in the tumultuous decades from the late 1940s to the 1970s — from the painful aftermath of World War II to the horror and shame of French colonial brutality in Algeria and through the dilemmas and exhilarations of the early gay liberation and feminist movements. The letters provide a glimpse into the power of reading and the power of readers to seduce their favorite authors. The relationship between Beauvoir and her audience proved especially long, intimate, and vexed. The book traces this relationship, from the publication of Beauvoir's acclaimed The Second Sex to the release of the last volume of her memoirs, offering an unfamiliar perspective on one of the most magnetic and polarizing philosophers of the twentieth century. Along the way, we meet many of the greatest writers of Beauvoir's generation — Hannah Arendt; Dominique Aury, author of The Story of O; François Mauriac, winner of the Nobel Prize and nemesis of Albert Camus; Betty Friedan; and, of course, Jean-Paul Sartre — bringing the electrically charged salon experience to life. The book lays bare the private lives and political emotions of the letter writers and of Beauvoir herself. Her readers did not simply pen fan letters but, as the book shows, engaged in a dialogue that revealed intellectual and literary life to be a joint and collaborative production.
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Jinzenji, Mônica Yumi. História da Educação: Políticas, instituições e instâncias educativas – Vol. 2. Brazil Publishing, 2021. http://dx.doi.org/10.31012/978-65-5861-427-2.
Full textAbstract:
This collection unites results of academic works concluded within the span of 2016 to 2020 in the field of History of Education for the Programa de Pós-Graduação em Educação da Faculdade de Educação da Universidade Federal de Minas Gerais. Comprised of two volumes, this second volume is made up of 21 chapters analyzing education from historical perspectives, and spanning from the XVIII to the XXI century. On its first part, the studies analyze educational polices relative to planning, implementation and reforms as they point out the challenges throughout the processes of schooling, discipline formation and development of educational systems on different levels of education; besides, analyzing the institutionalization of courses and teachers formation. The second part of the volume is comprised of researches debating education in a broad sense, highlighting those processes which take place in different environments of education such as associations, military corporations, the church, the press and the radio. The body of these works is marked by interdisciplinarity, which is a consequence of a dialog between a large, diverse documentation and theoretical references equally diverse.