This chapter contains section titled: Introduction Legal Indeterminacy The Core Claim of American Legal Realism Two Branches of Realism Naturalized Jurisprudence? How Should Judges Decide Cases? Legacy of Legal Realism I: Legal Education and Scholarship in the United States Legacy of Legal Realism II: Legal Theory References Further Reading.

The Uppsala School in philosophy and the Vienna Circle are prima facie similar currents in contemporary philosophy. Both reject metaphysics, claim that reality is a spatio­‑temporal realm and adhere to noncognitivism in terms of values. However, justifications of these assumptions are quite different. In the following article we reconstruct main theses of both mentioned currents and then we indicate their impact on one of the major jurisprudential movements, namely Scandinavian Legal Realism. We focus on Alf Ross’ legal philosophy, as (...) it was an attempt to accommodate both: the philosophy of the Uppsala School and of the Vienna Circle. We trace those two sources of inspiration in Ross’ theory of legal validity and of legal concepts. (shrink)

During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was a-historical in its methodology and research agenda. The first objective of this article is to call attention to this neglected characteristic of law and economics and to explain its causes by analyzing (...) its intellectual origins, its methodological causes, and the nature of its interaction with other sub-fields of law and of economics. The second objective of the article is to identify a change-in-the-making and its characteristics. Law and economics scholars have turned to history more often and for new purposes in recent years. The article identifies the set of factors that brought about this turn to history. These factors include: a growing willingness to conduct empirical research; the integration of public choice analysis into mainstream law and economics; preliminary comparative law and economics studies; a growing interaction between law and economics and new institutional economics; and the importation of the concept of path dependency and of greater awareness of past burdens from other quarters of economic theory. Finally, the article examines the concrete ways in which these developments are being realized, by pointing out the various uses of history evident in specific law and economics studies conducted in recent years. It suggests a classification of this growing literature into six distinct uses of history, four of them emerging only in recent years. The general aim of this article is to enhance awareness among law and economics scholars of the actual and potential uses of history. The article further seeks to connect law-and-economics historical studies to other relevant historical works so that the law and economics inquiry will not be conducted in a disciplinary vacuum. It thus calls to the attention of legal historians and economic historians the new literature published in the field of law and economics. Finally it is also directed at scholars interested in the intellectual history of jurisprudence and in the methodological turn to history in the social sciences. (shrink)

This chapter contains sections titled: Jurisprudential Methodology Legal Indeterminacy Descriptive Theory of Adjudication The Attack on Formalism Normative Theory of Adjudication Other Themes from Realism References.

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed (...) worries about racial injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

The traditional perspective on emotions assumes an unassailable dualism between emotions and reason. For common sense, including legal common sense, emotions are always dangerous and have nothing to do with rational decision-making. Nonetheless, the Aristotelian perspective regarding the relationship between emotions and reason is extremely enlightening. The relationship between emotions and law has been studied by a large range of scholars from different legal movements and with diverse objectives. This chapter is based on three theoretical pillars: Aristotle’s theory of emotions (...) as elaborated in Rhetoric and Nicomachean Ethics, Aristotle’s view on the close relationship between reason, emotions and phronesis as elaborated in the Nicomachean Ethics, and a specific contemporary view: Jurisprudentialism. We assert that through a Jurisprudentialist analysis of Law as an open task and through Aristotle’s account of emotions, the challenges of legal education could be more realistically reassessed. (shrink)

In 2016, the international community, in reaction to the growing number of ‘tragedies’ occurring as people attempted to move across borders, met to discuss large movements of refugees and migrants. The outcome of this meeting was an agreement to negotiate two Global Compacts, one on refugees and one on migrants, with the aim of facilitating ‘orderly, safe, regular and responsible migration and mobility of people’. This article explores how responsibility in the Global Compact on Migrant is expressive of a changed (...) way of ‘doing’ migration. The language of ‘responsibility’ raises questions about how the international community views international migration and, by extension, prepares the ground for policy and practice on international migration. Taking a genealogical, jurisprudential approach, we follow the logic which brings migration, development and human rights language together to construct a new subjectivity: that of the ‘responsible’ migrant. The migrant human will be a rights-bearer because they will contribute to development in particular gendered ways. We argue that assuming a narrow understanding of responsibility misses expressive dynamics in the normalizing of international migration within a new framing to inform international law making. (shrink)

This article focuses on the location of the duty of loyalty—a unique legal norm in Common Law jurisdictions—both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is an ‘open’ norm, with a greater degree of flexibility, that requires the exercise of discretion. The insights from this jurisprudential perspective are used to reveal the preferred way for further (...) developing the duty of loyalty. The article explains that ‘loyalty,’ intuitively classified as a ‘pure’ standard, has been reconstructed over time as more specific rules. Moreover, it suggests that, ideally, this movement should continue; namely, when applying loyalty to a specific case, courts should include informative content that would promote predictability. It then illustrates that, unfortunately, this road is not always taken by the courts. A decision to retain loyalty as an ad hoc standard, or an inverse attempt to delineate the boundaries of this norm, has implications on the certainty, consistency, and ethical content of the law. Considering that this duty spreads across different legal fields, personal and commercial, the significance of this discussion becomes all the more evident. (shrink)

The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. (...) The four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website. (shrink)

Critical Legal Theory has conventionally been traced to the social, political, and philosophical movements of the 1960s and, before that, to the early-twentieth-century ‘realist’ critique of modern jurisprudence. In truth, however, its origins go back to classical and pre-modern thought, and to their acknowledgement of the centrality of law in attempts to conceive of the good life, or the just polity—a centrality that is, moreover, also discernible in the recent gravitation of a number of contemporary philosophers and theorists towards law. (...) Against the ‘restricted’ and ‘conservative’ character of modern jurisprudence, Critical Legal Theory constitutes a return to this more general interest in law and legality. Exceeding the limits of jurisprudence, it has, moreover, drawn upon the most ancient and most contemporary traditions of critical thought in order to pursue new ways of understanding, living, and imagining the law. Critical Legal Theory is now an established—if heterogeneous and controversial—field of study, represented by numerous international journals, regional organizations, and global conferences. As the field continues to flourish as never before, this new title in Routledge’s Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature. Indeed, it is a landmark collection of Critical Legal Theory’s principal sources, orientations, movements, and themes. The first volume in the collection illuminates the foundations of Critical Legal Theory in contemporary continental thought, as well as providing an account of its institutional history. Volume II, meanwhile, examines the ways in which Critical Legal Theory has addressed and problematized conventional jurisprudential ideas about law, drawing upon the insights of philosophy, as well as other disciplines. Volume III assembles the best and most influential research to provide an overview of the movements that characterize the field. The scholarship assembled in the final volume brings together the key work to explore a range of substantial themes with which Critical Legal Theorists have engaged. Supplemented with a full index and comprehensive introductions, newly written by the editors, which situate the collected material in the context of more general theoretical traditions, as well as in critical relation to jurisprudence, _Critical Legal Theory_ is destined to be valued by scholars, students, and researchers as a vital resource. (shrink)

Public resistance to environmental and health safety risks from radiations emanating from cell phone towers has been sporadic but spatially and temporally widespread in India. Civic actions have been led by civic activists, resident welfare associations, gram panchayats, lawyers, scientists and even an actor from the Bombay film industry. Large scale technical systems like cell-phone towers are remarkably resilient to public criticism. Industry response to such resistance is usually in the form of aesthetic tinkering to hide structures from public gaze, (...) incremental regulation and science communication to assuage public doubt. The legislature rather than Courts has been more responsive to such civic actions. Courts due to their overreliance on risk discourses have continued to defer to State experts. Faced with incrementalism from formal institutional actors, resistance movements have become localized and used site requirements to stymie such developments. Drawing on Beck's idea of subpolitics, this study explores the disaggregated nature of the resistance movement against cell tower radiation in India. It is based on a multi-sited ethnography based on field research and 35 interviews with activists, journalists, regulators, lawyers, industry representatives, doctors and scientists, conducted between November 2017 to December 2019. Jurisprudential developments, parliamentary committee and scientific reports were also reviewed. Subpolitics as a category has purchase in STS studies because it allows us to focus on the disaggregated nature of affected publics and interrogate public engagement with State institutions and new social expectations and solidarities with reference to technology. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are (...) not second-order theories about the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This book offers an introduction to the Sophists of fifth-century Athens and a new overall interpretation of their thought. Since Plato first animadverted on their activities, the Sophists have commonly been presented as little better than intellectual mountebanks - a picture which Professor Kerferd forcefully challenges here. Interpreting the evidence with care, he shows them to have been part of an exciting and historically crucial intellectual movement. At the centre of their teaching was a form of relativism, most famously (...) expressed by Protagoras as 'Man is the measure of all things', and which they developed in a wide range of views - on knowledge and argument, virtue, government, society, and the gods. On all these subjects the Sophists did far more than simply provoke Plato to thought. Their contributions were substantial and serious; they inaugurated the debate on many central philosophical questions and decisively shifted the focus of philosophical attention from the cosmos to man. (shrink)

This paper argues that jurisprudential inquiries can be profitably analysed as oriented towards either the explanatory paradigm of discourse or the explanatory paradigm of tradition. The first part of the paper offers a map of the discipline of jurisprudence in accordance with the above two different explanatory orientations. It does so at two levels: 1) ontological ; and 2) epistemological. In the second part the paper, the tension and interaction between the explanatory paradigms of discourse and tradition in the (...) work of five different theorists is considered: 1) Elizabeth Mertz's anthropological linguistics; 2) Nicola Lacey's revision of the relationship between analytical jurisprudence and descriptive sociology; 3) Roger Cotterrell's call for a sociology of legal ideas; 4) Neil MacCormick's concept of law as institutionalised normative order; and 5) Patrick Glenn's notion of a legal tradition. Finally, in the third part, the paper addresses certain implications of the analysis of jurisprudential inquiries by reference to the above two explanatory orientations for comparative and international legal scholarship. The two explanatory orientations are offered as one of many paradigms thanks to which one can recognise the limitations of any one picture of law or legal work. At the metaphilosophical level, the analysis of the paper indicates that there are three options available to jurisprudence, i.e., 1) seek to provide a picture of law or legal work on the basis of one explanatory orientation; 2) maintain pluralism about concepts of law or legal work given their limitations in light of their explanatory orientations; or 3) attempt to combine the elements of both explanatory paradigms in a unified account. The paper argues that insofar as jurisprudence seeks to provide normative resources for responses to certain challenges in the public sphere, it ought to go for option two, namely, for maintaining pluralism about concepts of law and legal work. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even ‘double binds’. (i) Deepening the community becomes incompatible with widening membership. (ii) National states seem both necessary for and obstructive in articulating transnational problems. (iii) The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on (...) a European scale evades understanding. (iv) European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. (v) Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

This article attempts to demonstrate, via the famous Hart‐Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although 1 argue that Dworkin's views are not, (...) in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views. (shrink)

Making a first sketch of philosophical issues arising from European Community law I want to present a series of more or less obvious, and more or less interrelated dilemmas, or even 'double binds'. Deepening the community becomes incompatible with widening membership. National states seem both necessary for and obstructive in articulating transnational problems. The more democracy is needed as a warrant for the public exercise of political power in Europe, the more the very concept of democracy on a European scale (...) evades understanding. European unity presupposes a unifying rule of law, while member states have radically different conceptions of this principle. Even the very core of European integration, the common market, is subject to two conflicting and, indeed, incompatible doctrines of competition. In explaining the nature of each dilemma I will try to take my cue from the Maastricht Treaty wherever this seems suitable. Then I will elaborate on the jurisprudential problems involved in it. Finally, each section will be closed by an attempt to state the nature of these problems in philosophical terms. (shrink)

Racism, sexism, and other forms of injustice are more than just bad attitudes; after all, such injustice involves unfair distributions of goods and resources. But attitudes play a role. How central is that role? Tommie Shelby, among others, argues that racism is an ideology and takes a cognitivist approach suggesting that ideologies consist in false beliefs that arise out of and serve pernicious social conditions. In this paper I argue that racism is better understood as a set of practices, attitudes, (...) social meanings, and material conditions, that systematically reinforce one another. Attitudes play a role, but even the cognitive/affective component of ideologies should include culturally shared habits of mind and action. These habits of mind distort, obscure, and occlude important facts about subordinated groups and result in a failure to recognize their interests. How do we disrupt such practices to achieve greater justice? I argue that this is sometimes, but not always, best achieved by argument or challenging false beliefs, so social movements legitimately seek other means. (shrink)

The rise of progressive education -- John Dewey -- Other pioneers in the progressive education movement -- The progressive education movement during the first half of the twentieth century -- The fifties -- The sixties and seventies -- A nation at risk (1983) -- The eighties and nineties -- No child left behind -- Maria Montessori -- Teacher education programs -- Middle schools -- Choice -- Education of the gifted and talented -- Progressive education today -- The future (...) of progressive education. (shrink)

The “local food” movement has been growing since at least the mid- twentieth century with the founding of the Rodale Institute. Since then, local food has increasingly become a goal of food systems. Today, books and articles on local food have become commonplace, with popular authors such as Barbara Kingsolver1 and Michael Pollan2 espousing the virtues of eating locally. Additionally, local food initiatives, such as the “farm- tofork,” “Buying Local,” and “Slow Food” have gained a strong international following with (...) clearly visible impacts on the food industry and policy. The numbers of local farmers’ markets, community- supported agriculture projects, and community gardens have been on the rise steadily since 1994. (shrink)

Developed from a one-day symposium at the University of Tilburg, this collection of papers explores the semiotic foundations of legislation as viewed from jurisprudential, institutional and sociological perspectives. They pose such questions as: the audience of legislation; the relations between legislative and judicial discourse; the contributions of speech act theory; the effectiveness of legislation and its meaning in non-legal discourse; and the creation of a supra-national form of constitutional discourse, that of Europe.

An instructive comparison can be drawn between Jacques Ellul’s 1936 Esprit article portraying “Fascism as Liberalism’s Child” and Georges Bataille’s 1938 lecture on “The Sacred Sociology of Today’s World”. Both rely on Durkheim’s sociology in assuming modernity’s amorphousness, leaving passive masses of atomized individuals susceptible to mobilization into totalized entities by charismatic leadership. Bataille welcomes the postwar intensification of social aggregates but criticizes their militant, militaristic regimentation as not violent and sacred enough, whereas for Ellul, the resurgent social sacred (whether (...) orgiastic or dictatorial), as the active mass, is the enemy of the free person as the sole meaningful whole. (shrink)

It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested (...) within the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

Movements of the Mind is about what it is to be an agent. Focusing on mental agency, it integrates multiple approaches, from philosophical analysis of the metaphysics of agency to the activity of neurons in the brain. Philosophical and empirical work are combined to generate concrete explanations of key features of the mind. The book should be relevant and accessible to philosophers and scientists interested in mind and agency.

In order to understand ongoing activity, observers segment it into meaningful temporal parts. Segmentation can be based on bottom‐up processing of distinctive sensory characteristics, such as movement features. Segmentation may also be affected by top‐down effects of knowledge structures, including information about actors' intentions. Three experiments investigated the role of movement features and intentions in perceptual event segmentation, using simple animations. In all conditions, movement features significantly predicted where participants segmented. This relationship was stronger when participants identified (...) larger units than when they identified smaller units, and stronger when the animations were generated randomly than when they were generated by goal‐directed human activity. This pattern suggests that bottom‐up processing played an important role in segmentation of these stimuli, but that this was modulated by top‐down influence of knowledge structures. To describe accurately how observers perceive ongoing activity, one must account for the effects of distinctive sensory characteristics, the effects of knowledge structures, and their interactions. (shrink)

This article is an attempt to develop a practical politico-jurisprudential account of the corporate person, which it does by building on contemporary ideas about collective and shared intentions. It argues for a model of shared intentions, which posits a set of interlocking preferences, and other supporting attitudes. It examines the work of Bratman, Gilbert, Hurley, and Sugden and addresses issues of choice, coercion and will.

Prelude -- What moves as a body returns as a movement of thought -- Introduction: Events of relation : concepts in the making -- Incipient action : the dance of the not-yet -- The elasticity of the almost -- A mover's guide to standing still -- Taking the next step -- Dancing the technogenetic body -- Perceptions in folding -- Grace taking form : Marey's movement machines -- Animation's dance -- From biopolitics to the biogram, or, how Leni (...) Riefenstahl moves through fascism -- Of force fields and rhythm contours -- Relationscapes : how contemporary Aboriginal art moves beyond the map -- Constituting facts : Dorothy Napangardi dances the dreaming -- Cornering a beginning -- Conclusion: Propositions for thought in motion. (shrink)

Bodily movement has become an interesting topic in recent philosophy, both in analytic and phenomenological versions. Philosophy from Descartes to Kant defined the human being as a mental subject in a material body. This mechanistic attitude toward the body still lingers on in many studies of motor learning and control. The article shows how alternative philosophical views can give a better understanding of bodily movement. The article starts with Heidegger's contribution to overcoming the subject-object dichotomy and his new (...) understanding of the primacy of the practical involvement with the surrounding world. Heidegger, however, in many ways neglected the role of the human body. Merleau-Ponty took a huge step forward when he focused on the bodily intentionality of our interaction with the world. The next step was taken by Samuel Todes who presented a better understanding of how we are bodily oriented in space. After having seen how the body is oriented outward towards the environment it is proper that the final part of this article goes inward toward the role of bodily awareness and the role of proprioception in human movement. The goal of the presentation is to contribute to a better understanding of what goes on in sport. The article therefore uses examples from sport, especially football, to show the relevance of the new insights for sport studies. (shrink)

How democratic progressive politics can happen and how it is happening in very different political arenas.

In this article, we analyze how movement takes part in creating intersubjective meaning. We discuss what Daniel Stern termed ‘affect attunement,’ a primary way of constituting intersubjectivity. Based on an analysis of how movement, meaning-making, vitality affects, and primordial feelings interrelate in affect attunement, we show that primordial feelings and thereby movement play a much greater role in affect attunement than Stern proposed. This makes movement a primary meaning-making modality, indispensable to the development of intersubjectivity. To (...) illustrate the relation between movement and affect attunement in psychological development, we discuss the role of movement in autism. Recent research suggests that differences in movement precede the onset of social-communicative deficits and may be primary to autistic development. Building on the proposed interrelation of movement and primordial feelings in affect attunement, we suggest that autistic movement differences illuminate the vital role played by movement in early intersubjective development. (shrink)

The key role that animals play in our aesthetic appreciation of the natural world has only gradually been highlighted in discussions in environmental aesthetics. In this article I make use of the phenomenological notion of 'perceptual sense' as developed by Merleau-Ponty to argue that open-ended expressive-responsive movement is the primary aesthetic ground for our appreciation of animals. It is through their movement that the array of qualities we admire in animals are manifest qua animal qualities. Against functionalist and (...) formalist accounts, I defend and develop an account of expressive-responsive movement as the primary perceptual sense of animals. I go on to suggest that the primacy of movement in the aesthetic appreciation of animals is also the primary sense of animal 'wildness', and that a key part of the rewilding paradigm should be the development of such appreciation. (shrink)

Exploring the intimate tie between body movement and space and time, Lee begins with the position that body movement generates space and time and explores the ethical implications of this responsibility for the situations one’s body movements generate. Whiteness theory has come to recognize the ethical responsibility for situations not of one’s own making and hence accountability for the results of more than one’s immediate personal conscious decisions. Because of our specific history, whites have developed a particular embodiment (...) and body movement that generates places that can only be characterized as more comfortable and more enabling to whites. (shrink)

Because gender norms shape the content and application of the law, feminist scholarship has a lot to contribute to the study of law. Gender is also relevant to several problems in normative jurisprudence, and to some problems in special jurisprudence (the study of concepts in the law). But gender has no relevance to general jurisprudence for there is no sense in which the concept of law is ‘gendered’, and no answer to leading problems in general jurisprudence depends on any thesis (...) about gender. Yet some feminist scholars, including prominently Joanne Conaghan, argue that gender is pervasively relevant to jurisprudence, though its relevance has been screened out by methodological errors that characterize what she calls ‘the analytical jurisprudential mind’. I argue that this is incorrect, by examining the relationship between gender and law, the relationship between sex and gender, and the place of sex in the legal concept of marriage. The methodological charges against ‘the analytical jurisprudential mind’ prove unfounded. I also suggest that hostility to analytical methods is likely to be damaging to feminist legal theory, and urge feminist scholars to look again at the resources of analytic legal philosophy. (shrink)