Results for 'Law and anthropology'

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  1.  27
    Tidescapes: Notes on a shi -inflected Social Science.John Law & Wen-Yuan Lin - 2018 - Journal of World Philosophies 3 (1):1-16.
    What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...)
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  2.  20
    Indigeneity, Science, and Difference: Notes on the Politics of How.Solveig Joks & John Law - 2019 - Science, Technology, and Human Values 44 (3):424-447.
    This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not happen, (...)
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  3.  27
    Set to take place from March 21-24, at the glorious Queensland Gold Coast, LAWASIAdownunder2005 will undoubtedly be the leading legal conference for Asia and the Pacific in 2005. [REVIEW]Intellectual Property Law - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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  4.  8
    Law after Anthropology: Object and Technique in Roman Law.Alain Pottage - 2014 - Theory, Culture and Society 31 (2-3):147-166.
    Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore (...)
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  5.  5
    Law and System in Social Anthropology.David Goddard - 1975 - Social Research: An International Quarterly 42.
  6.  9
    Genetics and the Law.Aubrey Milunsky, George J. Annas, National Genetics Foundation & American Society of Law and Medicine - 2012 - Springer.
    Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...)
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  7.  7
    The Clinic and the Court: Law, Medicine and Anthropology.Ian Harper, Tobias Kelly & Akshay Khanna (eds.) - 2015 - Cambridge, United Kingdom: Cambridge University Press.
    Law and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists (...)
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  8.  9
    Man, Law and Modern Forms of Life.Eugenio Bulygin, Jean-Louis Gardies & I. Niiniluoto - 1985 - Springer Verlag.
    "Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy... held on August 14-20, 1983 in Helsinki"--Introd.
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  9.  22
    A libertanian critique of incest laws: Philosophical and anthropological perspectives.Gabriel Ernesto Andrade - 2021 - Human Affairs 31 (2):139-148.
    This article is a libertarian critique of incest laws. On the basis of the libertarian “harm principle”, one must ask what exactly is the harm that incest brings forth. Traditionally, anthropologists have tried to rationalize the incest taboo in various theories, and lawmakers have used these principles as grounds for the criminalization of incest. These principles are the preservation of family structure, the enhancement of alliances and the avoidance of genetic risks. While I acknowledge that these rationalizations are plausible, I (...)
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  10.  3
    Ethics, Law and the Politics of Information : A Guide to the Philosophy of Luciano Floridi.Massimo Durante - 2017 - Dordrecht: Imprint: Springer.
    This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...)
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  11.  48
    Natural Law and the Possibility of a Global Ethics.Mark J. Cherry (ed.) - 2004 - Kluwer Academic Publishers.
    Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the (...)
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  12.  83
    Bioethics, law, and human life issues: a Catholic perspective on marriage, family, contraception, abortion, reproductive technology, and death and dying.D. Brian Scarnecchia - 2010 - Lanham, Md.: Scarecrow Press.
    Introduction -- Rational anthropology and the difference between persons and animals -- Human freedom and conscience -- The three moral determinants and doubts of conscience -- The principle of double effect and consequentialism -- Cooperation and scandal -- Virtues--natural and supernatural -- Sin and grace -- Revelation -- Reproductive technologies -- Homosexuality and same-sex marriage -- Contraception -- Abortion -- Marriage and family -- End of life issues -- Appendix A : Summary of Evangelium Vitae -- Appendix B : (...)
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  13. Law and philosophy: selected papers in legal theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
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  14.  12
    Law and Other Matters.Paul Weiss - 1950 - Review of Metaphysics 4 (1):131 - 135.
    New York University Press has been publishing a series of studies on the nature and meaning of time, under the general heading of "Time and Its Mysteries." So far three series of discussions have appeared. There have been some rather good studies of the making of watches and of time as pertinent to science, history and anthropology. Philosophy has been represented by John Dewey. No attention has as yet been paid to the metaphysical and cosmological aspects of time. An (...)
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  15.  3
    Venturing Beyond: Law and Morality in Kabbalistic Mysticysm.Elliot R. Wolfson - 2006 - New York: Oxford University Press UK.
    Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the (...)
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  16.  7
    The Anthropology of Islamic Law: Education, Ethics, and Legal Interpretation at Egypt's Al-Azhar.Aria Nakissa - 2019 - Oup Usa.
    The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.
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  17.  38
    Venturing beyond: law and morality in Kabbalistic mysticism.Elliot R. Wolfson - 2006 - New York: Oxford University Press.
    Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the (...)
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  18.  13
    Reproduction and Succession: Studies in Anthropology, Law and Society. By Robin Fox. Pp. 269. (Transaction Publishers, New Brunswick, 1993.) £30.95. [REVIEW]Daniela Sieff - 1994 - Journal of Biosocial Science 26 (3):419-420.
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  19.  10
    Homo juridicus: on the anthropological function of the law.Alain Supiot - 2007 - New York: Verso.
    In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, (...)
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  20.  12
    Legalism: anthropology and history.Paul Dresch & Hannah Skoda (eds.) - 2012 - Oxford, U.K.: Oxford University Press.
    In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and (...)
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  21. Israel and the Book of the Covenant: An Anthropological Approach to Biblical Law.W. Marshall - 1993
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  22.  5
    McCarty’s Law and How to Break It.Mark Mccarty - 1995 - In Paul Hockings (ed.), Principles of Visual Anthropology. De Gruyter. pp. 69-76.
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  23.  2
    The Works of John Locke,: In Ten Volumes. Volume the First.[-tenth.].John Locke, J. Johnson & Bye and Law - 1812 - Printed for J.Johnson, G.G. And J.Robinson, W.J.And J. Richardson, Otridge and Son, J. Sewell, Leigh and Sotheby, F. And C. Rivington, T. Payne, J. Wakler, R. Faulder, W. Lowndes, Lackington, Allen and Co., Darton and Harvey, T. Egerton, G. Wilkie, J. Whi.
  24.  20
    Thomas Hobbes’s Theological and Political Anthropology and the Essential Mutations of the Perception of the Laws of Nature and Natural Rights in Seventeenth-Century England.Ionut Untea - 2020 - Anales Del Seminario de Historia de la Filosofía 37 (3):395-413.
    The overall goal of the article is to reexamine Hobbes’s concern to respond to the challenges of the republican perspective on the relationship between the liberty of subjects and the political power. If, according to Skinner, republican theorists appealed to sources of classical antiquity, I argue that Hobbes chooses to offer a blend of classical and theological ideas in order to generate a “science” of the political life within the confines of a postlapsarian world dominated by passion and the fear (...)
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  25.  47
    Natural Law and Natural Inclinations.Natural Law, Natural Inclinations & Douglas Flippen - 1986 - New Scholasticism 60 (3):284-316.
  26.  6
    Cognitive Dimensions of Social Science: The Way We Think About Politics, Economics, Law, and Society.Mark Turner - 2001 - Oxford University Press USA.
    What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, what human beings do, (...)
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  27. Ricoeur's juridical anthropology : law, autonomy, and a life lived-in-common.Marc De Leeuw - 2021 - In Marc de Leeuw, George H. Taylor & Eileen Brennan (eds.), Reading Ricoeur Through Law. Lanham, Maryland: Lexington Books.
     
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  28. State of the art/science.In Anthropology - 1996 - In Paul R. Gross, Norman Levitt & Martin W. Lewis (eds.), The Flight from science and reason. New York N.Y.: The New York Academy of Sciences. pp. 327.
     
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  29. Power, action, and belief: a new sociology of knowledge?John Law (ed.) - 1986 - Boston: Routledge & Kegan Paul.
  30. The Dependence Response and Explanatory Loops.Andrew Law - 2020 - Faith and Philosophy 37 (3):294-307.
    There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...)
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  31.  24
    The Anthropology of Argument: Cultural Foundations of Rhetoric and Reason.Christopher W. Tindale - 2020 - Routledge.
    This innovative text reinvigorates argumentation studies by exploring the experience of argument across cultures, introducing an anthropological perspective into the domains of rhetoric, communication, and philosophy. The Anthropology of Argument fills an important gap in contemporary argumentation theory by shifting the focus away from the purely propositional element of arguments and onto how they emerge from the experiences of peoples with diverse backgrounds, demonstrating how argumentation can be understood as a means of expression and a gathering place of ideas (...)
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  32.  28
    Possible Thomistic Response to Hume’s Law and to Moore’s Open-Question Argument.Augusto Trujillo Werner - 2020 - Philosophy and Theology 32 (1-2):173-191.
    This article concerns Aquinas’s practical doctrine on two philosophical difficulties underlying much contemporary ethical debate. One is Hume’s Is-ought thesis and the other is its radical consequence, Moore’s Open-question argument. These ethical paradoxes appear to have their roots in epistemological scepticism and in a deficient anthropology. Possible response to them can be found in that Aquinas’s human intellect (essentially theoretical and practical at the same time) naturally performs three main operations: 1º) To apprehend the intellecta and universal notions ens, (...)
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  33.  25
    Possible Thomistic Response to Hume’s Law and to Moore’s Open-Question Argument.Augusto Trujillo Werner - 2020 - Philosophy and Theology 32 (1-2):173-191.
    This article concerns Aquinas’s practical doctrine on two philosophical difficulties underlying much contemporary ethical debate. One is Hume’s Is-ought thesis and the other is its radical consequence, Moore’s Open-question argument. These ethical paradoxes appear to have their roots in epistemological scepticism and in a deficient anthropology. Possible response to them can be found in that Aquinas’s human intellect (essentially theoretical and practical at the same time) naturally performs three main operations: 1º) To apprehend the intellecta and universal notions ens, (...)
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  34.  16
    Philosophical, anthropological and axiological aspects of Constantine’s definition of philosophy.Ján Zozuľak - 2021 - Ethics and Bioethics (in Central Europe) 11 (1-2):14-22.
    This paper focuses on the philosophical-ethical foundations of Constantine’s definition of philosophy, as well as its anthropological and axiological aspects. The focus is placed on the relationship between definitions of philosophy postulated by Constantine the Philosopher and John of Damascus, the latter of which traces the six classical definitions systematized by Platonic commentators. Byzantine thinkers proposed a method of unifying both the theoretical and practical aspects of ancient philosophy with a Christian way of life by interpreting the classical definitions of (...)
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  35. Motivation, depression and character.Iain Law - 2009 - In Matthew Broome & Lisa Bortolotti (eds.), Psychiatry as Cognitive Neuroscience: Philosophical Perspectives. New York: Oxford University Press. pp. 351--364.
     
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  36.  53
    Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment. [REVIEW]René Foqué - 2008 - Criminal Law and Philosophy 2 (3):207-227.
    This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...)
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  37.  10
    Unexpected Properties: Strathern on the Relation of Law and Culture.Carol J. Greenhouse - 2014 - Theory, Culture and Society 31 (2-3):167-184.
    This article takes up Marilyn Strathern’s formulation of a law/culture ‘duplex’ – her term for the complementarity of anthropology and law as means to each other’s ends. She draws attention to the limitations of the duplex, and urges us to consider ethnography as (in part) a project of unwinding its entwinement. As a step toward that end, the article returns to classic texts by Emile Durkheim and Bronislaw Malinowski – texts that were foundational to the emergence of anthropology, (...)
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  38. Incompatibilism and the garden of forking paths.Andrew Law - 2023 - Philosophical Issues 33 (1):110-123.
    Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...)
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  39. Philosophical Anthropology, Ethics, and Human Enhancement.Jason Eberl - 2017 - In Jason T. Eberl (ed.), Contemporary Controversies in Catholic Bioethics. Dordrecht, Netherlands: Springer.
    I approach the subject of human enhancement—whether by genetic, pharmacological, or technological means—from the perspective of Thomistic/Aristotelian philosophical anthropology, natural law theory, and virtue ethics. Far from advocating a restricted or monolithic conception of “human nature” from this perspective, I outline a set of broadly-construed, fundamental features of the nature of human persons that coheres with a variety of historical and contemporary philosophical viewpoints. These features include self-conscious awareness, capacity for intellective thought, volitional autonomy, desire for pleasurable experiences, and (...)
     
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  40. Naturalism, evolution and true belief.Stephen Law - 2012 - Analysis 72 (1):41-48.
    Plantinga's Evolutionary Argument Against Naturalism aims to show that naturalism is, as he puts it, ‘incoherent or self defeating’. Plantinga supposes that, in the absence of any God-like being to guide the process, natural selection is unlikely to favour true belief. Plantinga overlooks the fact that adherents of naturalism may plausibly hold that there exist certain conceptual links between belief content and behaviour. Given such links, natural selection will favour true belief. A further rather surprising consequence of the existence of (...)
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  41.  45
    Objects and Spaces.John Law - 2002 - Theory, Culture and Society 19 (5-6):91-105.
    Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...)
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  42. The evil-god challenge.Stephen Law - 2010 - Religious Studies 46 (3):353 - 373.
    This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why doesn't the problem (...)
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  43.  31
    Character and Evil in Kant's Moral Anthropology.Patrick R. Frierson - 2006 - Journal of the History of Philosophy 44 (4):623-634.
    In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 623-634 MuseSearchJournalsThis JournalContents[Access article in PDF]Character and Evil in Kant's Moral AnthropologyPatrick FriersonIn the Metaphysics of Morals, Kant explains that moral anthropology studies the "subjective conditions in human nature that help or hinder [people] in fulfilling the laws of a metaphysics of morals" and insists that such anthropology "cannot be dispensed with" (6:217).1 But it is often difficult to (...)
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  44.  27
    Complexities: Social Studies of Knowledge Practices.John Law & Annemarie Mol (eds.) - 2002 - Duke University Press.
    Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...)
  45.  5
    The universe of experience: a world view beyond science and religion.Lancelot Law Whyte - 1974 - New York: Harper & Row.
  46. Bioethics and Biolaw.Peter Kemp, Jacob Dahl Rendtorff, Niels Mattsson, Centre for Ethics and Law & International Conference on Bioethics and Biolaw - 2000
     
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  47.  50
    Aircraft stories: decentering the object in technoscience.John Law - 2002 - Durham, NC: Duke University Press.
    "What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.
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  48.  12
    Improvement and Truth in Quasi-Realism.Iain Law - 1996 - Cogito 10 (3):189-193.
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  49. Evidence, Miracles, and the Existence of Jesus.Stephen Law - 2011 - Faith and Philosophy 28 (2):129-151.
    The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a prima (...)
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  50.  13
    Law Week Dinner.Law Council C. E. O. Peter Webb, Justice Mary Finn, Amy Burr, Warwick Burr, Christopher Ryan, Councillor Linda Crebbin & Michael Flynn - forthcoming - Ethos: Journal of the Society for Psychological Anthropology.
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