This chapter contains sections titled: The Contours of Legal Scholarship Descriptive Scholarship Prescriptive Scholarship Jurisprudence References.

During the Mamlūk period (648-923/1250-1517), some developments such as the support of the state dignitaries for scholarly activities, the interest of the ʿulamā to the Mamlūk geography and the establishment of many scientific institutions increased the interest in scholarly activities in society. In this period of intensive scholarly activities, women also started to increasingly take part in this field, and as a result, many female scholars were trained. The fact that women scholars were encountered among the teachers of the famous (...) scientists of the period is a clear proof of this situation. As a matter of fact, the teachers of Najm al-Dīn Ibn Fahd, one of the famous muḥaddiths and historians of the 9th (15th) century, set an obvious example for this. Sixty-seven of his four hundred ninety-seven teachers were women. Najm al-Dīn Ibn Fahd, a member of a prominent ʿulamā family of Mecca, traveled to different cities in the Mamlūk geography and took lessons from many teachers, men and women. What is more valuable for our subject is that he wrote a work called Mu’jam al-shuyūkh, which contains extremely important information about his teachers. This article tries to assess women's participation in scholarly activities and social positions in Mamlūk society, based on his female teachers. This work, made up of two parts, first deals with women’s opportunities to pursue academic studies and their subsequent contributions to science. The second part is about their position in social life which stemmed from the families they belonged to and from their marriages. In this article, in which sixty-seven female scholars of Najm al-Dīn Ibn Fahd are discussed, some important results have been reached. This look into his sixty-seven female teachers shows how widespread women’s relationships with scholarly circles were in Mamlūk society, and that especially girls of families with scholarly traditions were included in academic circles from a young age. These girls were able to get their initial education from close relatives and then they were able to connect to academic circles easily via family relationships, taking courses with many scholars including women. Women have been instrumental in the transfer of knowledge more so than its production. Their efforts both during their studies and as scholars were focused on ḥadīth transmission. It is difficult to pinpoint the exact reason why ḥadīth sciences were the focus, but one can say that the ubiquity of ḥadīth sessions and their ease of accessibility must have been a factor. It is seen that young girls who participated in these sessions were encouraged to study with older scholars, thereby acquiring a strong isnād chain and becoming a source of information in later years for the transmission of knowledge. However, it is hard to say that every woman who got some education took a role in knowledge transmission. One can even claim, based on Najm al-Dīn Ibn Fahd’s female teachers, that a lot of women in academic circles did not take a role in knowledge transmission as scholars, despite their potential. The fact that no official institutions are mentioned with regard to women’s acquisition and transfer of knowledge may be indicative of the importance of teacher-student relationships rather than institutions, or, it can be that women were more active outside of these official institutions. Also, the fact that most of Najm al-Dīn Ibn Fahd’s female teachers were all taught by several common teachers shows the liveliness of academic activity outside of official institutions. There is very little narration regarding the social lives of women who were engaged in scholarly activities. Among the most important reasons why this is so is the desire to put their scholarly competencies to the forefront. However, it is possible to get some information about their families and marriages for many of them. One can see that Najm al-Dīn Ibn Fahd’s female teachers generally married men who were also engaged in scholarship. The fact that women, especially those in the scholarly class, married from among their relatives must have been related to this. All of the married women except one have at least one child. While divorce is not too common, marrying again as a result of the death of a husband or as a result of divorce is not rare. (shrink)

Legal scholarship emphasizes generalizing across places, time periods, and sources of law. Microcomputers can facilitate well-organized information retrieval systems, inductive statistical analysis, and prescriptive analysis working with goals to be achieved and available alternatives. Super-optimizing can help resolve legal disputes, dilemmas, and policy controversies whereby all sides, viewpoints, and ideological positions can come out ahead of their best initial expectations simultaneously. This book discusses these three important subjects by generating relevant principles based on developmental law, legal policy analysis, law teaching, (...) and the judicial process. (shrink)

The work of feminists in science may seem less voluminous and less theoretical than the feminist scholarship in some humanities and social science disciplines. However, the recent burst of scholarship on women and science allows categorization of feminist work into six distinct but related categories: 1) teaching and curriculum transformation in science, 2) history of women in science, 3) current status of women in science, 4) feminist critique of science, 5) feminine science, 6) feminist theory of science. More feminists in (...) science are needed to further explore science and its relationships to women and feminism in order to change traditional science to a feminist science. (shrink)

The new evidence scholarship addresses three distinct approaches: legal probabilism, Bayesian decision theory and relative plausibility theory. Each has major insights to offer, but none seems satisfactory as it stands. This paper proposes that relative plausibility theory be modified in two substantial ways. The first is by defining its key concept of plausibility, hitherto treated as primitive, by generalising the standard axioms of probability. The second is by complementing the descriptive component of the theory with a normative decision theory adapted (...) to legal process. Because this version of decision theory is based on plausibilities rather than probabilities, it generates plausibilistic expectations as outputs. Because these outputs are comparable, they function as relative plausibilities. Hence the resulting framework is an extension of relative plausibility theory, but it retains deep ties to legal probabilism, through the proposed definition of plausibility, and to Bayesian decision theory, through the normative use of decision theory. (shrink)

China has carried out a series of higher education reforms in the past decades. One of the most important parts of the reforms is the internationalization progress of Chinese universities. Despite being a developing country, China offers globally competitive scholarships to international students. However, surprisingly, little research has touched on how international students view China’s high scholarship policies, leaving an important and intriguing question underexplored. Therefore, this paper attempts to fill the literature gap by investigating international students’ brand perceptions of (...) Chinese universities that provide high scholarships. Moreover, we reveal the process of their judgments through identifying the mediating role of perceived quality. A set of two experimental studies provide convergent support for these propositions. Theoretically, the findings of this paper contribute to the literature on higher education reforms, scholarship policies, and branding. In terms of practice, the research results offer implications to policy makers, education professionals, and students. (shrink)

The world of international relations and law is constantly changing. There is a risk of the systematic undermining of international organisations and law over the next years. Feminist approaches to international law will need to adapt accordingly, to ensure that they continue to challenge inequalities, and serve as an important and critical voice in international law. This article seeks to tell the story of feminist perspectives on international law from the early 1990s till today through a discussion between three generations (...) of feminist international legal scholars: Hilary Charlesworth, who, with her colleagues, contributed to the area in the immediate post-Cold War years, Gina Heathcote, who over the past decade has published extensively on feminist perspectives on the use of force and collective security, and Emily Jones, an early career scholar working on feminist approaches to international law. The conversation, which began as a Skype discussion, considers both the ways in which feminist approaches to international law have changed over the past two decades, as well as the ways in which they have been shaped by global politics, before turning to consider the future for feminist approaches to international law. The impact of feminist approaches to international law has been considerable. However, it seems that feminist approaches still lack legitimacy and credibility in many mainstream circles, remaining on the disciplinary periphery. Charlesworth, Heathcote and Jones discuss potential ways in which to manage some of these tensions, noting both the importance of ‘speaking to ourselves’ as a creative and nurturing space, as well as the need to be seen as a more credible voice in the mainstream. They note the need, too, for further feminist work beyond the realms of sexual violence and women’s representation. While the great amount of work in this area is, indeed, foundational, having achieved many important legal and political outcomes, feminist approaches should now develop beyond these areas. Doing so will not only propel this area of scholarship in new and exciting directions, but it might help feminist scholarship gain further traction by avoiding categorisation only under the umbrella of “women’s issues” and thus ready dismissal as just another specialist area of international law in the era of fragmentation. (shrink)

ABSTRACTDavis argues that the familiar periodization dividing European history into medieval and modern phases disguises a claim to power as a historical fact. It justifies slavery and subjugation by projecting them onto the “feudal” Middle Ages and non‐European present, while hiding forms of slavery and subjugation practiced by “secular” modernity. Periodization thus furnishes one of the most durable conceptual foundations for the usurpation of liberty and the abuse of power.In part I, devoted to “feudalism,” Davis traces the legal, political, and (...) colonial struggles behind the development of the concept of “feudal law” in early modern France and England and unravels just how that concept hides colonial oppression while justifying European sovereignty. In part II, devoted to “secularization,” she demonstrates the failure of twentieth‐century critics of “secularization” like Carl Schmitt, Walter Benjamin, Karl Löwith, Hans Blumenberg, and Reinhart Koselleck to break out of the limits imposed by the medieval/modern periodization. Part II concludes with a look at conceptual alternatives in the writings of Amitav Ghosh and the Venerable Bede.Three limitations of this book are worth mentioning. It traces the political history hidden by the concept of “feudalism,” but does not trace the political history hidden by the concept of “religion.” It offers no answer to the question of how to break the link between scholarship and politics without ending up in a logical impasse or reinforcing the link. It does not address the possibility that answering this question may require breaking with the terms of professional historical inquiry. Perhaps the question could be answered in terms like those that led Wittgenstein to characterize his Philosophical Investigations as remarks on the natural history of human beings. (shrink)

A guide for organizational and social research in business studies and the social sciences, providing a clear framework for research design and methodology. It will be an invaluable tool for academics, researchers, and graduate students across the social sciences concerned with rigorous and relevant research in the contemporary world.

Often, a more or less universal quality is attributed to certain legal concepts. For refugee scholars working between 1933 and 1945, the universal quality of these concepts was challenged on two fronts: first, the breaking down of the Weimar Constitution and the German Rechtsstaat under Nazi rule demonstrated the fragility of a constitutional and legal order. Moreover, the breakdown of the German Rechtsstaat was felt on a deeper conceptual level. ‘Immutable’ legal concepts turned out to be easily mutated to conform (...) to Nazi ideology. The second major challenge to the universality of concepts thus pertains to the universal characteristics of the ‘concept of a concept’ itself. In brief, what German refugee legal scholars attempted to create in the course of the 1930s and 1940s was a ‘universal’ Rechtsstaat centred around concepts and legal scholarship that would avoid the breakdown by placing it into a feasible and balanced system of legal enforcement on an international level. Thus, in their new academic context, rather than dismissing the Rechtsstaatliche function of legal concepts and the role of legal scholars, refugee scholarship ventured to enhance it. This contribution argues that the development of Hersch Lauterpacht’s concept of human rights constitutes such an enhancement. (shrink)

The end of World War II marked the beginning of a new chapter in German Leibniz scholarship, with conferences all over the country gearing up to commemorate the 300th anniversary of his birth in 1946, and participants intent on promoting Leibniz as a pan-European thinker. Just a few years earlier, for obvious reasons, the outlook could not have been more different. To take one example, Oskar Becker, in his lecture, “Leibniz, the German Thinker and Good European,” had divided the different (...) versions of Leibniz up along strictly national lines: “In the international Leibniz literature of today the different aspects of his philosophy… are shown in the views of one nation from this, of another nation from that side. Thus for the West European scholars Louis Couturat and Bertrand Russell Leibniz is fundamentally a logician, while for the Germans he is fundamentally a metaphysician.”. (shrink)

The renewal of interest in Albert Magnus' works which has taken place in the last one hundred years or so has in fact produced a multilingual body of studies whose size and diversity are making it more and more difficult for the scholar to identify and to know precisely and with certainty what has been written about this very important philosopher. The partial bibliographies which have been published throughout the 20th century were of some use, but none can compare, in (...) terms of completeness, to the new, selectively annotated bibliography composed by I. M. Resnick and K. F. Kitchell. After briefly analyzing this impressive piece of scholarship and identifying some of the mistakes it inevitably contains, the present paper provides a list of approximately 350 items which are missing from Resnick and Kitchell's bibliography and which for the most part were written before 2001. (shrink)

Kirsten Macfarlane’s Biblical Scholarship in an Age of Controversy: The Polemical World of Hugh Broughton (1549–1612) is a work of deep erudition, graceful narration, and trenchant argumentation. M...

Thirty years ago Richard Rorty detected the similarities between Wittgenstein's Philosophical Investigations (1953) and the philosophical framework of Charles S. Peirce (1839-1914), the founder of pragmatism. Rorty tried to show that Peirce envisaged and repudiated in advance logical positivism and developed insights and a philosophical mood very close to the analytical philosophers influenced by the later Wittgenstein (Rorty 1961). In spite of that, the majority of scholars have considered both thinkers as totally alien. Some scholars have attributed the pragmatist flavor (...) of the Philosophical Investigations to the influence of Frank P. Ramsey, who awoke Wittgenstein from the dogmatic slumber of the Tractatus. Nevertheless, the real scope of the influence of American pragmatist philosophy in Wittgenstein's later thought is not clearly known. The purpose of my paper is not to describe the common themes between Wittgenstein and Peirce, but the way in which recent scholarship has established some links between both philosophers. -/- . (shrink)

There is a remarkable difference between that which Anglo-American legal philosophers more or less unanimously regard as their subject matter and that which prominent Continental writers have emphasized as one of the main topics for jurisprudential discussion. The latter have often directed their attention to something quite specific: not law or the aforementioned law-related phenomena, but the study of law, or legal scholarship. In particular, Continental writers have been interested in legal scholarship as it is characteristically produced by law teachers. (...) Some phrases that may be used to describe this type of scholarship are “doctrinal legal scholarship”, “legal dogmatics”, and “legal science in a narrow a sense”. This paper explains why Anglo-American theorists should keep their minds open to the idea that jurisprudence may take the doctrinal study of law as its subject matter. It also attempts to explain what doctrinal legal scholarship is, and thus engages in precisely the type of jurisprudential inquiry that it is out to promote. (shrink)

Decision theory seems to offer a very attractive normative framework for individual and social choice under uncertainty. The decisionmaker should think of her choice situation, at any given moment, in terms of a set of possible outcomes, that is, specifications of the possible consequences of choice, described in light of the decisionmaker's goals; a set of possible actions; and a "state set" consisting of possible prior "states of the world." It is this framework for choice which provides the foundation for (...) expected utility theory, as demonstrated in the work of Leonard Savage. Problems arise, however, when the decisionmaker is boundedly rational: when the mental process of thinking about outcomes, actions, and states is itself expensive and time consuming. In the case of the unboundedly rational decisionmaker, decision theory enjoins her to employ maximally specific outcomes; to consider all possible actions; and to use a set of mutually exclusive and collective exhaustive states, each of which is sufficiently finely specified so that each action, together with each state, yields one and only one maximally specific outcome. In the case of the boundedly rational decisionmaker, this procedure is either infeasible or, if feasible, irrational. This paper presents the problem of bounded rationality. It surveys possible solutions, none of which are found to be attractive. And it concludes by discussing the difficulties that the problem of bounded rationality poses for the welfarist program for legal scholarship presented by Louis Kaplow and Steven Shavell in their book, Fairness versus Welfare. (shrink)

This article responds to Jeffrey Perl's argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl's conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion, invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author's archival and ethnographic research at Ise and in the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

This article responds to Jeffrey Perl’s argument that, while there is a “paradigm shift” at Ise every twenty years, when the enshrined deity Amaterasu “shifts” from the current site to an adjacent one during the rite of shikinen sengū, the Jingū paradigm itself never changes and never ages. The author confirms Perl’s conclusion by examining the politicized scholarship, written since the 1970s, maintaining that Shinto is a faux religion invented prior to World War II as a means of unifying Japan (...) behind government policies of ultranationalism and international expansion. This article shows, instead, how emperors—who are not political but religious figures in Japan—and the Jingū priesthood have acted together over the past thirteen hundred years to sustain the imperial shrine at Ise and its ancient rites. The so-called Meiji Restoration actually continued an imperial policy of restoring and intensifying the observance of Shinto rituals that were threatened by neglect. Meiji intervened personally in 1889 to ensure the continuity of hikyoku, an unvoiced and secret serenade to Amaterasu, by extending its venue from the imperial palace shrine to performance at Jingū as well. The author’s archival and ethnographic research at Ise and the National Archives shows how the arguments that Shinto is a modern invention are punitive rather than dispassionately historical. (shrink)

The starting point for this paper is the ongoing debate about the relation between research and policy in education. Recent developments in England and Scotland are reviewed in the context of political and academic arguments about the nature and function of research activity. The defensiveness of the research community in the face of professional and political attacks is examined critically. A case study of the Higher Still programme is used to illustrate the complexity of the relationships between evidence, ideology, values (...) and professional practice. It is argued that the research community needs to become more politically sophisticated and to advance a clearer vision of its social function in advanced democratic societies if its potential contribution to educational development is to be realised. The dangers of a retreat to a narrow empirical role are highlighted. (shrink)

This article provides a brief overview of scholarship on gender differences in emotion and emotional well-being among adults in the United States, highlighting major substantive findings, methodological innovations, and theoretical developments that have emerged in the sociologies of emotion and mental health. Sociological research consistently finds that men report more frequent positive and less frequent negative feelings than women as well as gender differences in both the experience and expression of emotional distress. Sociologists attribute these gendered patterns of emotion to (...) the larger social, economic, and cultural context surrounding women and men. Overall, by identifying macro- and meso-level social causes of microlevel emotional processes, sociologists have made significant contributions to knowledge about gender differences in emotion and emotional well-being in the US. (shrink)

Joining the dialogue on the role of management scholars, we propose to cultivate all-round scholars to fulfill the needs of our stakeholders; only by becoming responsible scholars can we achieve responsible scholarship.

The end of World War II marked the beginning of a new chapter in German Leibniz scholarship, with conferences all over the country gearing up to commemorate the 300th anniversary of his birth in 1946, and participants intent on promoting Leibniz as a pan-European thinker. Just a few years earlier, for obvious reasons, the outlook could not have been more different. To take one example, Oskar Becker, in his lecture, “Leibniz, the German Thinker and Good European,” had divided the different (...) versions of Leibniz up along strictly national lines: “In the international Leibniz literature of today the different aspects of his philosophy… are shown in the views of one nation from this, of another nation from that side. Thus for the West European scholars Louis Couturat and Bertrand Russell Leibniz is fundamentally a logician, while for the Germans he is fundamentally a metaphysician.”. (shrink)

The end of World War II marked the beginning of a new chapter in German Leibniz scholarship, with conferences all over the country gearing up to commemorate the 300th anniversary of his birth in 1946, and participants intent on promoting Leibniz as a pan-European thinker. Just a few years earlier, for obvious reasons, the outlook could not have been more different. To take one example, Oskar Becker, in his lecture, “Leibniz, the German Thinker and Good European,” had divided the different (...) versions of Leibniz up along strictly national lines: “In the international Leibniz literature of today the different aspects of his philosophy… are shown in the views of one nation from this, of another nation from that side. Thus for the West European scholars Louis Couturat and Bertrand Russell Leibniz is fundamentally a logician, while for the Germans he is fundamentally a metaphysician.”. (shrink)

This article discusses issues of scholarship and methodology in Sino-Tibetan linguistics in the context of reviewing the cutting-edge articles included in the recent Festschrift for W. South Coblin.

This book is about the use of legal scholarship by judges. It discusses the possibility that legal scholarship may function as a genuine source of law in modern municipal legal systems. The book advances a number of claims, some conceptual, some empirical, some normative. The major conceptual claims are found in Chapters 2 and 3, where a general account of the notion of a source of law is provided. Roughly, sources of law are documents or practices (e.g. statutes, judicial decisions, (...) official customs) from which norms can be derived that function as sources of content-independent reasons for judges to decide legal cases one way or another. The relevant notion of content-independence is derived (with qualifications) from H.L.A. Hart's jurisprudence. Indeed, the book's analysis of the concept of a source of law relies at various points on Hartian insights about law and legal reasoning. Chapter 4 argues that legal scholarship - or, more precisely, a particular type of legal scholarship that might be described as standard or doctrinal - can be, and indeed is, used as a source of law in modern legal systems. The conclusion that legal scholarship is used as a source of law (and thus as a source of content-independent reasons for action) may come as a surprise to those who associate judicial recourse to legal scholarship with judicial activism. This association is discussed and criticized in Chapters 5 and 6. It is argued that, in spite of a relatively common opinion to the contrary, legal scholarship can be used to mitigate discretion. In fact, it is precisely because it can be used in this way that judges sometimes refer to scholarship deceptively and suggest that it limits discretion in situations in which it really does not. The concluding chapter addresses potential objections not explicitly discussed in earlier chapters.. (shrink)

While the need to protect vulnerable research participants is universal, conceptual challenges with the notion of vulnerability may result in the under or over-protection of participants. Ethics review bodies making assumptions about who is vulnerable and in what circumstance can be viewed as paternalistic if they do not consider participant viewpoints. Our study focuses on participant vulnerability in Scholarship of Teaching and Learning (SoTL) research. We aim to illuminate students’ views on participant vulnerability to contribute to critical analysis of the (...) role and processes of ethics review. Additionally, we aim to highlight the importance of seeking the views of participant communities, especially in research environments beyond ethics review’s medical origins. Thirty-four students from a health-related faculty at a university in Aotearoa New Zealand, participated in five focus groups. Participants discussed factors affecting their potential participation in research drawing upon a series of vignettes based on examples of published SoTL projects. Themes, generated using reflexive thematic analysis, built a participant-informed picture of vulnerability. Findings indicate that students do not generally consider themselves vulnerable and instead consider participation in SoTL research through an agentic lens. Students expect that participation will be voluntary, not negatively impact their grades, and not single them out so that others could judge them. Our study also highlights the value students place on relationships with one another and teaching staff and the implications these have for SoTL research participation and future professional practice. This research challenges research ethics committees to think further about vulnerability in the context of SoTL whilst highlighting the importance of providing opportunities for research participants more broadly to explore and vocalize their views as members of participant communities. (shrink)

As performativity within the academy continues to escalate, this paper considers the place for building research capacities through a scholarship in teaching and learning initiative at an Australian university. While the tensions that exist between discipline research and scholarship in teaching and learning remain, evaluation data for a central higher education research group suggests that an alternative research pathway is possible through collegial structures. The drive towards performativity is not unique to Australia and the evidence presented provides insights that may (...) be useful for a broader audience that may be considering research capacity building. (shrink)

This essay samples and describes the state of architectural scholarship across various platforms in the age of Cognitive Capitalism. The premise is that, much like scholarship in the Arts and Humanities generally, architectural scholarship suffers from the Either/Or schism between traditional academic research of a non-utilitarian form and the heavily mediatic practices of the mainstream – “mainstream” defined as both online and print publications that eschew the long-form essay or book in favor of the populist modality that serves the neo-liberalization (...) of the discipline. -/- The sampling includes the devolution of the thesis or dissertation to socio-cultural report and/or pseudo-scientific study, with speculative works relegated to the margins of architectural discourse. This shift, while emblematic of the “trade school” mentality of many architecture schools today, also signals a bias at large in the post-recession 2010s where research must be monetized to justify funding, or speculative work must adhere to a format that is dictated from the outside (from the regimes of capitalization imposed by publishers). (shrink)

In a recent paper, Karl Schafer argues that Hume's theory of mental representation has two distinct components, unified by their shared feature of having accuracy conditions. As Schafer sees it, simple and complex ideas represent the intrinsic imagistic features of their objects whereas abstract ideas represent the relations or structures in which multiple objects stand. This distinction, however, is untenable for at least two related reasons. Firstly, complex ideas represent the relations or structures in which the impressions that are the (...) objects of their simple components stand. Secondly, abstract ideas are themselves instances of complex ideas. I draw two important conclusions from these facts. Firstly, contra Schafer and Garrett, the Copy Principle, properly emended, constitutes the entirety of Hume's theory of mental representation. Secondly, whereas paradigm examples of complex ideas, e.g. ideas of spatial and temporal complexes, are structured by relations of contiguity, abstract ideas are those complex ideas instead structured by relations of resemblance. As such, they represent their objects not as spatially or temporally contiguous but rather as resembling. (shrink)

Philosophers of history in the past few decades have been predominantly interested in issues of explanation and narrative discourse. Consequently, they have focused consistently and almost exclusively on the historian’s output, thereby ignoring that historical scholarship is a practice of reading, thinking, discussing, and writing, in which successful performance requires active cultivation of certain skills, attitudes, and virtues. This paper, then, suggests a new agenda for philosophy of history. Inspired by a “performative turn” in the history and philosophy of science, (...) it focuses on the historian’s “doings” and proposes to analyze these performances in terms of epistemic virtue. It argues that historical scholarship is embedded in “practices” or “epistemic cultures,” in which knowledge is created and warranted by means of such virtues as honesty, carefulness, accuracy, and balance. These epistemic virtues, however, are not etched in stone: historians may highlight some of them, exchange one for another, or reinterpret their meaning. On the one hand, this suggests a rich area of research for historians of historiography. To what extent can consensus, conflict, continuity, and change in historical scholarship be explained in terms of epistemic virtue? On the other hand, the proposal outlined in this article raises a couple of philosophical questions. For example, on what grounds can historians choose among epistemic virtues? And what concept of the self comes with the notion of virtue? In addressing these questions, philosophy of history may expand its current scope so as to encompass not only “writings” but also “doings,” that is, the virtuous performances historians recognize as professional conduct. (shrink)

In their recent paper “AUTOGEN: A Personalized Large Language Model for Academic Enhancement—Ethics and Proof of Principle,” Porsdam Mann et al. (2023) demonstrate a technique for fine-tuning the l...

Foucault's work has had a profound impact on the medical humanities over the last decade or so. However, most work to date has focused on Foucault's earlier writings rather than his later contributions on the self and governmentality. This article assesses the significance of the concept of governmentality for critical scholarship in the medical humanities, particularly in creating ethical awareness in the field of health care. It examines the context for Foucault's later work, and contributions arising from scholarship building on (...) this work. The governmentality literature, it is argued, raises novel questions about the ways we have come to think about health care in late modern societies. However, there are some limitations with this body of work which have not been fully acknowledged by scholars. The article discusses some of these limitations and offers some suggestions for a fruitful way forward. (shrink)

The authors of this study deplore the present gulf that lies between the creative writer and the scholar. In five stimulating essays on letters, language, literary history, criticism, and imaginative writing, they challenge our prevailing pedantries and offer a program for revitalizing literary scholarship in the universities. Authoritative and brilliantly written, this book anticipates a fuller place for humane learning in American life. Originally published in 1941. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in (...) digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value. (shrink)

There are signs that a list of parallelisms containing quite lengthy citations of republican works in prose and all kinds of verse, as well as remarks highly critical of Virgil, provided the material of Saturnalia 6. 2, Saturnalia 6. 3, and Saturnalia 6. 1. 55–65.1 Whereas Macrobius transmits the uersus parallelisms practically without comment, the locus parallelisms have a certain amount of discussion clustered at the beginning and at the end. This is for the most part neutral and matter of (...) fact but in 6. 2. 33 the harsh tone of an obtrectator makes itself heard: nee Tullio conpilando, dummodo undique ornamenta sibi conferret, abstinuit. The original list was excerpted very carelessly: in 6. 2. 29 the Virgil citation ought to continue for two more verses; in 6. 2. 7, 9, and 24 the Lucretius citations are likewise defective. (shrink)

From the scholarly activity of the fourth and fifth centuries A.D. stem several collections of scholia to the poems of Virgil, most of which make copious reference to prose and verse composed in Latin before Virgil's time. The authors of these scholia were the last of a long line of commentators whose labours began soon after Virgil's death. Just as Virgil walked in the tracks of Theocritus, Hesiod, Aratus, Nicander, Homer, and Apollonius, so did his students in the tracks of (...) the great Alexandrian expositors of the Greek poets. They sought to explain Virgil not only through Virgil himself, but also through the poets and prose writers, Greek and Latin, whom they imagined Virgil to have read. Thus we have scholia citing early republican literature in order to parallel words uncommon in or absent from the fourth-century classical syllabus, as well as unclassical usages, inflections, and constructions; in order to demonstrate ‘imitations’ on the part of Virgil; and in order to elucidate the structure of episodes of the three poems where Virgil appears to depart from the most commonly known versions of myth and history. Argument concerning the text or interpretation of a disputed passage is frequently based on appeal to the usage of Virgil's Latin predecessors. (shrink)

This review essay of Wolfson’s recent Heidegger and Kabbalah both praises Wolfson for departing from the historicism of his earliest writings on the kabbalistic tradition, and also critiques him for being unable to ground adequately his critique of the kabbalistic tradition’s ethnocentrism. Resolving the tension in this authorial position, stretched between commitment to a particular tradition and the liberalism of much of contemporary academia, entails acknowledging the limitations of scholarship in religious ethics.

This Article explores the process of discovering legal scholarship. One may read, read, and read cases and statutes and articles to generate one's own piece of scholarship. But research, though necessary, does not produce durable scholarship. Lasting scholarship is like discovering penicillin. It is like capturing a fleeting revelation. It is an experience reported in language. True legal scholarship is researched poetry of the highest order. Rumi, Frost, Keats would have been great legal scholars. (This article might benefit new law (...) professors who are striving to make their scholarship float in the ocean of words.). (shrink)

We can hardly know for certain how strongly a scholarly discipline like history is able to affect politics and society, popular views and morals. Whatever its impact, it's influence also varies from epoch to epoch. During a few decades of the nineteenth century, historians were overwhelmed by so many questions and by such high expectations that there existed a large public space for them that they merely had to occupy. At other times, they have had to conquer this space first (...) if they wanted to gain continued attention.To be sure, a differentiation has to be introduced: any society has particular interests, e.g., in parts of its more recent past or in events that society sees as having something like a “mythical quality” about then, events that represent a major divide, that are deeply imprinted on that society's memory, that have attained a special role through tradition. There is, of course, always a space commanding wider public attention for these aspects. However, they are no more than small specks on the large canvas of history. (shrink)

The American Journal of Bioethics, Volume 12, Issue 5, Page 38-39, May 2012.

In this editorial essay I explore the possibilities of ‘improvement scholarship’ in order to set the scene for the theme of, and the other papers in, this issue. I contrast a narrow conception of quality improvement research with a much broader and more inclusive conception, arguing that we should greatly extend the existing dialogue between ‘problem-solving’ and ‘critical’ currents in improvement research. I have in mind the potential for building a much larger conversation between those people in ‘improvement science’ who (...) are expressly concerned with tackling the problems facing healthcare and the wider group of colleagues who are engaged in health-related scholarship but who do not see themselves as particularly interested in quality improvement, indeed who may be critical of the language or concerns of QI. As one contribution to that conversation I suggest that that the increasing emphasis on theory and rigour in improvement research should include more focus on normative theory and rigour. The remaining papers in the issue are introduced including the various ways in which they handle the ‘implicit normativity’ of QI research and practice, and the linked theme of combining relatively ‘tidy’ and potentially ‘unruly’ forms of knowledge. (shrink)