Suppose that a school restricts student expression critical of homosexual conduct yet allows or actively supports student expression that promotes acceptance and tolerance of gays and lesbians. Can such a policy be justified if the anti-gay speech disrupts the educational environment of the school while the pro-gay speech does not? Or does the differential treatment of anti-gay and pro-gay speech constitute unconstitutional viewpoint discrimination because it distorts the marketplace of ideas within the school? Can viewpoint discrimination ever be justified on (...) the ground that anti-gay speech invades the rights of others under Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)? These were among the questions debated by Judges Reinhardt and Kozinski in the Ninth Circuit's now-vacated panel opinion in Harper v. Poway Unified School District, 445 F.3d 1166 (9th Cir. 2006), but their significance to the law of student speech is quite general. Courts are increasingly becoming concerned with the question of whether Tinker allows viewpoint-based restrictions of student speech, but so far jurists have not reached agreement on this question or even on the simpler question of what counts as viewpoint discrimination. This article attempts to clarify the emerging debate about the permissibility of viewpoint discrimination under Tinker and proposes modifications to the Tinker framework that would enable courts to deal more fruitfully with charges that school officials have imposed viewpoint-based restrictions on student speech. I argue that we should think of viewpoint discrimination as purposeful restriction of expression on the basis of governmental disagreement with the message. Tinker must be understood to bar purposeful viewpoint discrimination, but the conclusion that a school speech restriction constitutes purposeful viewpoint discrimination will come at the end rather than at the beginning of constitutional analysis. A school will never announce that it has restricted student speech on the basis of disagreement with the message; instead, it will claim that it has regulated speech to prevent harm. And this is something that schools (and the state more generally) may sometimes do - at least with sufficient justification. Tinker obviously contemplates the regulation of speech where necessary to prevent two specific sorts of harms - disruption to the school's mission and violations of the rights of other students - and so must require courts to distinguish between school speech restrictions based on impermissible ideological purposes and those based on the permissible purposes of preventing disruptions or violations of student rights. Tinker's substantial disruption test, I contend, should primarily be understood as a mechanism for helping courts to smoke out these impermissible purposes. (shrink)

Legal professionals in Malawi rely on a limited number of textbooks, outdated law reports and inadequate library services. Most documents available are in image form, are un-structured, i.e. contain no useful legal meta-data, summaries, keynotes, and do not support a system of citation that is essential to legal research. While advances in document processing and machine learning have benefited many fields, legal research is still only marginally affected. In this interdisciplinary research, the authors build semi-automatic tools for creating a corpus (...) of Malawi criminal law decisions annotated with legal meta-data, case and law citations. We used this corpus to extract legal meta-data, including law and case citations as used in Malawi by employing machine learning tools, spaCy and Gensim LDA. We set the foundation for a new methodology for classifying Malawi criminal case law according to the recently introduced International Classification of Crime for Statistical Purposes (ICCS). (shrink)

The discipline of musicology, like the word itself which the Oxford English Dictionary dates only back to 1909 (or even 1915), is a twentieth-century, specifically Anglo-American, institution echoing the tradition of French musicologie and with analogies to German Musikwissenschaft. As a modern and ineluctably postmodern project, musicology derives from a predominantly Austro-German generation of scholars who translated a continentally European tradition of analysis (Heinrich Schenker and, in London, Donald Francis Tovey and Hans Keller) and formal music theory (routinely articulated by (...) then-contemporary new composers: Arnold Schoenberg, Rudolf Réti, and Theodor Adorno, as well as Karl-Heinz Stockhausen and Pierre Boulez) into English language university contexts. (shrink)

This paper is an attempt to re-interpret some of the results of contemporary studies of action and explanation by philosophers who may loosely be called 'post-Wittgensteinian', e.g. G. E. M. Anscombe, A. Kenny, A. I. Melden. One of the themes which recurs in these' discussions is that of the non-contingent connection between desires, intentions, etc., and the actions which we explain by them — although not all the authors concerned understand this in the same way, and many would not accept (...) the term 'non-contingent connection'. The thesis that there is a non-contingent connection between, e.g., desire and action is strongly contested, and I attempt in this paper to show (a) that our language for the factors which we cite in explaining action, desires, intentions (Sect. II), feelings (Sect. III), sensations (Sect. IV), etc. is inescapably dispositional in a strong sense, i.e. that it characterizes these factors as disposing us to act in certain ways. But I argue (b) that this does nothing to show that these factors are not causes of the actions they explain (Sect. I). The seeming oddity of causes which are non-contingently linked with their consequences is explained when we see (c) that the account of action embedded in our ordinary language is teleological, i.e. refers us ultimately to the inclinations of the subject, and intentional (Sects. V and VI). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Interpretation of Plato's Parmenides: Zeno s Paradox and the Theory of Forms R. E. ALLEN PLATO'S Parmenides is divided into three main parts, of uneven length, and distinguished from each other both by their subject matter and their speakers. In the first and briefest part (127d-130a), Socrates offers the Theory of Forms in solution of a problem raised by Zeno. In the second (130a-135d), Parmenides levels a series (...) of objections against Socrates' theory, objections putatively meant as refutation. Then, after an interlude to explain an unfamiliar method of dialectic (135d-137c), that method is applied in the third part by Parmenides, with the help of the young Aristoteles (137c-166c). This final part forms more than two-thirds of the whole. I propose here to examine the first part of the dialogue, the interchange between Zeno and Socrates, and to examine it with special attention to the bearing which questions of dialectical structure and dramatic characterization may have upon its interpretation. It is perhaps here proper to indicate the general view of the dialogue which this discussion will help serve to recommend. Briefly, it is this. The Parmenides is a sustained examination of Plato's Theory of Forms, and the manner of examination is Socratic: the student is presented, not with a body of conclusions, but with a series of arguments whose implications he is left to think through for himself. When he has done so, he will realize that the Theory of Forms is proof against the objections here brought against it: the Parmenides provides no direct support for the thesis, currently popular, that Plato in later life ceased to believe that Forms exist. But though sound as far as it goes, the Theory of Forms does not go far enough: the Parmenides demonstrates that there is a range of problems, bound up with the application of unrestricted predicates, which Forms do not solve but are prey to. A broader theory is required, though a theory which may well contain the Theory of Forms as a part. The Parmenides, whose purpose is critical, leaves unanswered the question of what that theory may be. Zeno's Paradox and the Theoryof Forms (127d-130a) It is Zeno who begins the dialectic of the Parmenides,and fittingly, he begins it with a paradox. If there are many things, the same things must be both [143] 144 HISTORY OF PHILOSOPHY like and unlike. But this is impossible: unlike things cannot be like, nor like things unlike. Therefore, there cannot be many things (127e). Socrates' reply begins with a solution, and ends with a challenge. There exists, alone by itself, a Form of Likeness, and also a Form of its opposite, Unlikeness. The things we call 'many' are both like and unlike; but in this they differ from the Forms in which they partake. For things which are just alike (abr& r& 6uoLa)1 cannot be unlike, nor things just unlike alike. But it is no more surprising that the same things should partake both in Likeness and Unlikeness than it is that a thing should be both one and many by partaking in both Unity and Plurality. Still, Unity itself is not many, nor Plurality one. And so with other Forms: Socrates would be filled with wonder if someone could show that Likeness and Unlikeness, Unity and Plurality, Rest and Motion, and the other Forms, can be combined with (~v'rK~p&vvwOaO and separated from (SLaKotp~0a,) each other. Forms cannot be qualified by their opposite. 2 Socrates' denial is a conjunction. Several translators, including Cornford and Taylor, have rendered ~v3,~p&vvvaOa~ ~as &aKps as though it were a disjunction, 'combined or separated'. The reason for this was no doubt stylistic; but the Greek means, not 'or' but 'and', and logically, the difference is important. Zeno and Parmenides are challenged to prove, not one of two alternatives, but both together. This conclusion rests on more than a Kas In the Sophist, knowing how to separate (&a~ps 253e 3) according to kinds is equivalent to distinguishing (&a~m~a0a~ 253d 1) according to kinds, and both are equivalent to not believing that the same Form is different or a different Form the same (253d 1... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Interpretation of Plato's Parmenides: Zeno s Paradox and the Theory of Forms R. E. ALLEN PLATO'S Parmenides is divided into three main parts, of uneven length, and distinguished from each other both by their subject matter and their speakers. In the first and briefest part (127d-130a), Socrates offers the Theory of Forms in solution of a problem raised by Zeno. In the second (130a-135d), Parmenides levels a series (...) of objections against Socrates' theory, objections putatively meant as refutation. Then, after an interlude to explain an unfamiliar method of dialectic (135d-137c), that method is applied in the third part by Parmenides, with the help of the young Aristoteles (137c-166c). This final part forms more than two-thirds of the whole. I propose here to examine the first part of the dialogue, the interchange between Zeno and Socrates, and to examine it with special attention to the bearing which questions of dialectical structure and dramatic characterization may have upon its interpretation. It is perhaps here proper to indicate the general view of the dialogue which this discussion will help serve to recommend. Briefly, it is this. The Parmenides is a sustained examination of Plato's Theory of Forms, and the manner of examination is Socratic: the student is presented, not with a body of conclusions, but with a series of arguments whose implications he is left to think through for himself. When he has done so, he will realize that the Theory of Forms is proof against the objections here brought against it: the Parmenides provides no direct support for the thesis, currently popular, that Plato in later life ceased to believe that Forms exist. But though sound as far as it goes, the Theory of Forms does not go far enough: the Parmenides demonstrates that there is a range of problems, bound up with the application of unrestricted predicates, which Forms do not solve but are prey to. A broader theory is required, though a theory which may well contain the Theory of Forms as a part. The Parmenides, whose purpose is critical, leaves unanswered the question of what that theory may be. Zeno's Paradox and the Theoryof Forms (127d-130a) It is Zeno who begins the dialectic of the Parmenides,and fittingly, he begins it with a paradox. If there are many things, the same things must be both [143] 144 HISTORY OF PHILOSOPHY like and unlike. But this is impossible: unlike things cannot be like, nor like things unlike. Therefore, there cannot be many things (127e). Socrates' reply begins with a solution, and ends with a challenge. There exists, alone by itself, a Form of Likeness, and also a Form of its opposite, Unlikeness. The things we call 'many' are both like and unlike; but in this they differ from the Forms in which they partake. For things which are just alike (abr& r& 6uoLa)1 cannot be unlike, nor things just unlike alike. But it is no more surprising that the same things should partake both in Likeness and Unlikeness than it is that a thing should be both one and many by partaking in both Unity and Plurality. Still, Unity itself is not many, nor Plurality one. And so with other Forms: Socrates would be filled with wonder if someone could show that Likeness and Unlikeness, Unity and Plurality, Rest and Motion, and the other Forms, can be combined with (~v'rK~p&vvwOaO and separated from (SLaKotp~0a,) each other. Forms cannot be qualified by their opposite. 2 Socrates' denial is a conjunction. Several translators, including Cornford and Taylor, have rendered ~v3,~p&vvvaOa~ ~as &aKps as though it were a disjunction, 'combined or separated'. The reason for this was no doubt stylistic; but the Greek means, not 'or' but 'and', and logically, the difference is important. Zeno and Parmenides are challenged to prove, not one of two alternatives, but both together. This conclusion rests on more than a Kas In the Sophist, knowing how to separate (&a~ps 253e 3) according to kinds is equivalent to distinguishing (&a~m~a0a~ 253d 1) according to kinds, and both are equivalent to not believing that the same Form is different or a different Form the same (253d 1... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Interpretation of Plato's Parmenides: Zeno s Paradox and the Theory of Forms R. E. ALLEN PLATO'S Parmenides is divided into three main parts, of uneven length, and distinguished from each other both by their subject matter and their speakers. In the first and briefest part (127d-130a), Socrates offers the Theory of Forms in solution of a problem raised by Zeno. In the second (130a-135d), Parmenides levels a series (...) of objections against Socrates' theory, objections putatively meant as refutation. Then, after an interlude to explain an unfamiliar method of dialectic (135d-137c), that method is applied in the third part by Parmenides, with the help of the young Aristoteles (137c-166c). This final part forms more than two-thirds of the whole. I propose here to examine the first part of the dialogue, the interchange between Zeno and Socrates, and to examine it with special attention to the bearing which questions of dialectical structure and dramatic characterization may have upon its interpretation. It is perhaps here proper to indicate the general view of the dialogue which this discussion will help serve to recommend. Briefly, it is this. The Parmenides is a sustained examination of Plato's Theory of Forms, and the manner of examination is Socratic: the student is presented, not with a body of conclusions, but with a series of arguments whose implications he is left to think through for himself. When he has done so, he will realize that the Theory of Forms is proof against the objections here brought against it: the Parmenides provides no direct support for the thesis, currently popular, that Plato in later life ceased to believe that Forms exist. But though sound as far as it goes, the Theory of Forms does not go far enough: the Parmenides demonstrates that there is a range of problems, bound up with the application of unrestricted predicates, which Forms do not solve but are prey to. A broader theory is required, though a theory which may well contain the Theory of Forms as a part. The Parmenides, whose purpose is critical, leaves unanswered the question of what that theory may be. Zeno's Paradox and the Theoryof Forms (127d-130a) It is Zeno who begins the dialectic of the Parmenides,and fittingly, he begins it with a paradox. If there are many things, the same things must be both [143] 144 HISTORY OF PHILOSOPHY like and unlike. But this is impossible: unlike things cannot be like, nor like things unlike. Therefore, there cannot be many things (127e). Socrates' reply begins with a solution, and ends with a challenge. There exists, alone by itself, a Form of Likeness, and also a Form of its opposite, Unlikeness. The things we call 'many' are both like and unlike; but in this they differ from the Forms in which they partake. For things which are just alike (abr& r& 6uoLa)1 cannot be unlike, nor things just unlike alike. But it is no more surprising that the same things should partake both in Likeness and Unlikeness than it is that a thing should be both one and many by partaking in both Unity and Plurality. Still, Unity itself is not many, nor Plurality one. And so with other Forms: Socrates would be filled with wonder if someone could show that Likeness and Unlikeness, Unity and Plurality, Rest and Motion, and the other Forms, can be combined with (~v'rK~p&vvwOaO and separated from (SLaKotp~0a,) each other. Forms cannot be qualified by their opposite. 2 Socrates' denial is a conjunction. Several translators, including Cornford and Taylor, have rendered ~v3,~p&vvvaOa~ ~as &aKps as though it were a disjunction, 'combined or separated'. The reason for this was no doubt stylistic; but the Greek means, not 'or' but 'and', and logically, the difference is important. Zeno and Parmenides are challenged to prove, not one of two alternatives, but both together. This conclusion rests on more than a Kas In the Sophist, knowing how to separate (&a~ps 253e 3) according to kinds is equivalent to distinguishing (&a~m~a0a~ 253d 1) according to kinds, and both are equivalent to not believing that the same Form is different or a different Form the same (253d 1... (shrink)

Philosophy and Phenomenological Research, EarlyView.

A.E. Taylor's ARISTOTLE is a brilliantly written account of the great Greek philosopher and his thought. More than simply a listing and abstract discussion of ideas, the book presents a searching analysis of Aristotle's thought, both in terms of its historical background as well as its modern application.

Contents Include: The Early Life of Socrates - The Later Life of Socrates: His Trial and Death - The Thought of Socrates.

The first-century ascetic Jewish philosophers known as the 'Therapeutae', described in Philo's treatise De Vita Contemplativa, have often been considered in comparison with early Christians, the Essenes, and the Dead Sea Scrolls. This study, which includes a new translation of De Vita Contemplativa, focuses particularly on issues of historical method, rhetoric, women, and gender, and comes to new conclusions about the nature of the group and its relationship with the allegorical school of exegesis in Alexandria. Joan E. Taylor argues (...) that the group represents the tip of an iceberg in terms of ascetic practices and allegorical exegesis, and that the women described point to the presence of other Jewish women philosophers in Alexandria in the first century CE. Members of the group were 'extreme allegorizers' in following a distinctive calendar, not maintaining usual Jewish praxis, and concentrating their focus on attaining a trance-like state in which a vision of God's light was experienced. Their special 'feast' was configured in terms of service at a Temple, in which both men and women were priestly attendants of God. (shrink)