Results for 'of Walter Benjamin'S. Deconstruction'

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  1. Bruce Ross.of Walter Benjamin'S. Deconstruction & Of Historicism - 2009 - In Anna-Teresa Tymieniecka (ed.), Existence, historical fabulation, destiny. Springer Verlag. pp. 231.
     
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  2.  8
    Being is Believing: The Underpinnings of Walter Benjamin's Deconstruction of Historicism.Bruce Ross - 2009 - In Anna-Teresa Tymieniecka (ed.), Existence, historical fabulation, destiny. Springer Verlag. pp. 231--238.
  3.  18
    The Correspondence of Walter Benjamin, 1910-1940.Walter Benjamin, Gershom Scholem & Theodor W. Adorno - 2012 - University of Chicago Press.
    Called “the most important critic of his time” by Hannah Arendt, Walter Benjamin has only become more influential over the years, as his work has assumed a crucial place in current debates over the interactions of art, culture, and meaning. A “natural and extraordinary talent for letter writing was one of the most captivating facets of his nature,” writes Gershom Scholem in his Foreword to this volume; and Benjamin's correspondence reveals the evolution of some of his most powerful ideas, (...)
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  4. Benjamin Franklin and His Gods.Kerry S. Walters - 1999 - Transactions of the Charles S. Peirce Society 35 (3):621-623.
     
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    A Note on Benjamin Franklin and Gods.Kerry S. Walters - 1995 - Transactions of the Charles S. Peirce Society 31 (4):793 - 805.
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    Managing Disclosure of Research Misconduct by a Graduate Student to a University Mental Health Professional During a Clinical Counseling Session.Holly A. Taylor & Benjamin S. Wilfond - 2013 - American Journal of Bioethics 13 (10):68 - 68.
    This case looks at the question of how to consider obligations of confidentiality by a mental health professional who works for an institution and learns that a student has been using a drug intended for an animal research project. Dr. Paul Appelbaum, MD, a psychiatrist at Columbia University, examines the issue of the limits of confidentiality. Nicholas Steneck, PhD, a scholar in research misconduct at the University of Michigan, explores the obligations to report research misconduct. Walter Limehouse, MD, an (...)
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  7.  10
    The Point of View for My Work as an Author: A Report to History, and Related Writings.Søen Kierkegaard, Walter Lowrie & Benjamin Nelson - 1962 - Harper & Row.
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  8.  27
    Walter Benjamin and architecture.Walter Benjamin & Gevork Hartoonian (eds.) - 2010 - New York: Routledge.
    The essays compiled in this book explore aspects of Walter Benjamin's discourse that have contributed to the formation of contemporary architectural theories. Issues such as technology and history have been considered central to the very modernity of architecture, but Benjamin's reflection on these subjects has elevated the discussion to a critical level. The contributors in this book consider Walter Benjamin's ideas in the context of digitalization of architecture where it is the very technique itself that determines the processes (...)
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  9.  9
    Origin of the German Trauerspiel.Walter Benjamin - 2018 - Harvard University Press.
    Origin of the German Trauerspiel was Walter Benjamin's first full, historically oriented analysis of modernity. Readers of English know it as "The Origin of German Tragic Drama," but in fact the subject is something else--the play of mourning. Howard Eiland's completely new English translation, the first since 1977, is closer to the German text and more consistent with Benjamin's philosophical idiom. Focusing on the extravagant seventeenth-century theatrical genre of the trauerspiel, precursor of the opera, Benjamin identifies allegory as the (...)
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  10.  10
    Toward the critique of violence: a critical edition.Walter Benjamin - 2021 - Stanford, California: Stanford University Press. Edited by Peter D. Fenves & Julia Ng.
    Marking the centenary of Walter Benjamin's immensely influential essay, "Toward the Critique of Violence," this critical edition presents readers with an altogether new, fully annotated translation of a work that is widely recognized as a classic of modern political theory. The volume includes twenty-one notes and fragments by Benjamin along with passages from all of the contemporaneous texts to which his essay refers. Readers thus encounter for the first time in English provocative arguments about law and violence advanced by (...)
  11.  66
    Reflections: Essays, Aphorisms, Autobiographical Writings.Walter Benjamin - 1978 - Schocken.
    A companion volume to Illuminations, the first collection of Walter Benjamin's writings, Reflections presents a further sampling of his wide-ranging work. Here Benjamin evolves a theory of language as the medium of all creation, discusses theater and surrealism, reminisces about Berlin in the 1920s, recalls conversations with Bertolt Brecht, and provides travelogues of various cities, including Moscow under Stalin. He moves seamlessly from literary criticism to autobiography to philosophical-theological speculations, cementing his reputation as one of the greatest and most (...)
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  12.  23
    L'œuvre d'art à l'époque de sa reproduction mécanisée.Walter Benjamin - 1936 - Zeitschrift für Sozialforschung 5 (1):40-68.
    Die Untersuchung gliedert sich in einen allgemeinen und einen besonderen Teil. Der allgemeine Teil, der die ersten neun Kapitel umfasst, hat es mit den Veränderungen zu tun, denen die Funktion des Kunstwerkes in seiner technisch reproduzierten Gestalt unterworfen ist. Die Qualität seiner technischen Reproduktion und die Geschwindigkeit ihrer Herstellung sind seit den einschlägigen Erfindungen des letzten Jahrhunderts in schnellem Wachstum begriffen. Die Zeit, die zwischen der Erfindung der Lithographie und der des Tonfilms liegt, umfasst kaum mehr Jahrzehnte als die zwischen (...)
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  13.  24
    Uber einige Motive bei Baudelaire.Walter Benjamin - 1939 - Zeitschrift für Sozialforschung 8 (1-2):50-91.
    The essay begins with the estrangement of the great lyrical poetry from the public since the middle of the 19th century. It is conceived in terms of an historical change in the structure of human experiencing.That is first demonstrated in Bergson. The autor interprets „Matière et Mémoire“ as the attempt to vindicate through the category of memory the possibility of genuine, that is, tradition-forming experience as against the mode of experience in the industrial age. Proust has more closely determined Bergson's (...)
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  14.  13
    Zum gegenwärtigen gesellschaftlichen Standort des französischen Schriftstellers.Walter Benjamin - 1934 - Zeitschrift für Sozialforschung 3 (1):54-78.
    Cette étude nous offre une analyse de l’attitude des écrivains français contemporains au point de vue social. L’auteur esquisse à grands traits le développement de cette attitude en commençant par Maurice Barrés et décrit les nombreux essais tentés par des écrivains de valeur qui ont voulu s’inspirer de la pensée bourgeoise et représenter cette classe par le moyen de la littérature. La doctrine politique du radical-socialisme d’Alain y est comparée avec le traditionalisme de Barrés. Les efforts de Charles Péguy et (...)
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  15.  26
    Eduard Fuchs, der Sammler und der Historiker.Walter Benjamin - 1937 - Zeitschrift für Sozialforschung 6 (2):346-381.
    This study treats the writings of Fuchs as an example of recent materialistic historiography. Critical appreciation of his work involves critical appreciation of the whole concept of cultural history which prevailed in Socialist popular science in the last decade of the nineteenth century. The influence of dialectical materialism was slight, that of positivism greater. An excursus attempts to show how, with technical progress, the work of philosophers and scholars was impaired by this positivism even in the middle of the century. (...)
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  16.  23
    Walter Benjamin's philosophy: destruction and experience.Andrew E. Benjamin & Peter Osborne (eds.) - 2000 - Manchester [England]: Clinamen Press.
    This collection explores, in Adorno's description, `philosophy directed against philosophy'. The essays cover all aspects of Benjamin's writings, from his early work in the philosophy of art and language, through to the concept of history. The experience of time and the destruction of false continuity are identified as the key themes in Benjamin's understanding of history.
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  17.  21
    Walter Benjamin's Philosophy: Destruction and Experience.Andrew E. Benjamin & Peter Osborne (eds.) - 1993 - Manchester [England]: Routledge.
    This collection explores, in Adorno's description, `philosophy directed against philosophy'. The essays cover all aspects of Benjamin's writings, from his early work in the philosophy of art and language, through to the concept of history. The experience of time and the destruction of false continuity are identified as the key themes in Benjamin's understanding of history.
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  18.  9
    Philippe lacoue-labarthe’s interpretation of Walter Benjamin in Heidegger and the politics of poetry.Simon D. Trüb - 2019 - Angelaki 24 (6):95-110.
    Walter Benjamin is a persistent but elusive presence in many of Philippe Lacoue-Labarthe’s writings, and the relationship between Lacoue-Labarthe and Benjamin is accordingly both significan...
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  19.  73
    Being Roman Now: The Time of Fashion A Commentary on Walter Benjamin's 'Theses on the Philosophy of History' XIV.Andrew Benjamin - 2003 - Thesis Eleven 75 (1):39-53.
    Walter Benjamin’s writings on fashion need to be read as engagements with the problem of historical time and a related politics of time. The aim of this article is to develop this position. Its point of orientation is Thesis XIV from the Theses on the Philosophy of History. What is argued is that close attention to the temporality of change and novelty within fashion may allow an insight into a conception of interruption and the ‘new’, however, it cannot yield (...)
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  20. The commandment against the law.Walter Benjamin’S. - 2007 - Diacritics 37 (2/3):34-60.
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  21.  3
    Immanuael Kant's Logik: ein Handbuch zu Vorlesungen.Immanuel Kant, Walter Kinkel & Gottlob Benjamin Jäsche (eds.) - 1870 - Legare Street Press.
    This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...)
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  22. Morality, Law and the Place of Critique: Walter Benjamin's The Meaning of Time in the Moral World.Andrew Benjamin - 2011 - Critical Horizons 12 (3):281 - 301.
    Critique as a philosophical concept needs to be recast once it is linked to the possibility of a productive opening. In such a context critique has an important affinity to destruction and forms of inauguration. Working through writings of Marx and Walter Benjamin, specifically Benjamin's 'The Meaning of Time in the Moral World', destruction and inauguration are repositioned in terns of othering and the caesura of allowing.
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  23.  9
    Image and Parable: Readings of Walter Benjamin.Christopher Norris - 1983 - Philosophy and Literature 7 (1):15-31.
    In lieu of an abstract, here is a brief excerpt of the content:Christopher Norris IMAGE AND PARABLE: READINGS OF WALTER BENJAMIN Marxist literary criticism is a house with many mansions, most of diem claiming a privileged access to the great central chamber of history and truth. Only the most blinkered polemicist could nowadays attack "Marxist criticism" as if it presented a uniform front or even a clearly delineated target. Differences of oudook have developed to a point where debates within (...)
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  24.  73
    The uses of Walter : Walter Benjamin and the counterfactual imagination.Benjamin Aldes Wurgaft - 2010 - History and Theory 49 (3):361-383.
    Many authors, both scholarly and otherwise, have asked what might have happened had Walter Benjamin survived his 1940 attempt to escape Nazi-occupied Europe. This essay examines several implicitly or explicitly “counterfactual” thought experiments regarding Benjamin’s “survival,” including Hannah Arendt’s influential “Walter Benjamin: 1892–1940,” and asks why our attachment to Benjamin’s story has prompted so much counterfactual inquiry. It also explores the larger question of why few intellectual historians ask explicitly counterfactual questions in their work. While counterfactuals have proven (...)
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  25.  12
    Being Roman Now: The Time of Fashion: A Commentary on Walter Benjamin’s ‘Theses on the Philosophy of History’ XIV.Andrew Benjamin - 2003 - Thesis Eleven 75 (1):39-53.
    Walter Benjamin’s writings on fashion need to be read as engagements with the problem of historical time and a related politics of time. The aim of this article is to develop this position. Its point of orientation is Thesis XIV from the Theses on the Philosophy of History. What is argued is that close attention to the temporality of change and novelty within fashion may allow an insight into a conception of interruption and the ‘new’, however, it cannot yield (...)
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  26. Walter Benjamin and the architecture of modernity.Andrew E. Benjamin & Charles Rice (eds.) - 2009 - Prahran, Vic.: Re.Press.
    Walter Benjamin's Politics of 'bad tasteMichael Mac Modernity as an unfinished Project: Benjamin and Political RomanticismRobert Sinnerbrink Violence, ...
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  27.  55
    The redemption of experience: On Walter Benjamin’s ‘hermeneutical materialism’.Benjamin Loveluck - 2011 - Philosophy and Social Criticism 37 (2):167-188.
    The aim of this article is to show how philosopher and critic Walter Benjamin related to the hermeneutical tradition — and tried to move beyond it by ‘redeeming’ human experience, while avoiding the pitfalls of the philosophy of ‘authenticity’. Though convinced that questions relating to historicity were central to any understanding of modern human experience, Benjamin explicitly rejected the Heideggerian alternative, and chose a path closer to Hans-Georg Gadamer’s. He attempted to combine theological interpretation with dialectical materialism, always grounding (...)
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  28.  45
    Working with Walter Benjamin: recovering a political philosophy.Andrew E. Benjamin - 2013 - Edinburgh: Edinburgh University Press.
    This book provides a highly original approach to the writings of the twentieth-century German philosopher Walter Benjamin by one of his most distinguished readers. It develops the idea of "working with" Benjamin, seeking both to read his corpus and to put it to work - to show how a reading ofBenjamin can open up issues that may not themselves be immediately at stake in his texts.The defining elements in Benjamin's writings that Andrew Benjamin isolates - history, experience, translation, technical (...)
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  29.  92
    Two Forms of Gesture: Notes on Aby Warburg and Walter Benjamin.Andrew Benjamin - 2017 - Aisthesis: Pratiche, Linguaggi E Saperi Dell’Estetico 10 (1):21-40.
    The paper both connects and disassociates the work of Walter Benjamin and Aby Warburg. There are two interrelated undertakings. The first involves the relationship between philosophy and art history and thus how art history figures within the philosophical. The second pertains to the status of the image. Part of the argument to be advanced is that an engagement with philosophical approach to art history yields a concern with the image in which it is the image's material presence that proves (...)
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  30.  8
    Deconstruction as Repetitive Crossing Out and the Movement of Appearing: On Derrida's 1964/65 Heidegger Reading.Benjamin Schuppert - 2021 - Oxford Literary Review 43 (1):155-176.
    Taking the question of phenomenality as its guiding thread, this paper attempts to shed light on the relationship between Heidegger's turn and Derrida's 1964/65 seminar on Heidegger. I argue that deconstruction can be understood as a performative attempt to take into account Heidegger's thinking of originary semblance or errancy, which already announces itself in Sein und Zeit and is a central figure of what the later Heidegger calls ‘the turn’. Instead of trying to grasp this errancy or this différance (...)
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  31. The Origins of Walter Benjamin's Concept of Philosophical Critique.Alexei Procyshyn - 2013 - Metaphilosophy 44 (5):655-681.
    Focusing on Walter Benjamin's earliest pieces dedicated to school reform and the student movement, this article traces the basic critical approaches informing his mature thought back to his struggle to critically implement and transform the theory of concept formation and value presentation developed by his Freiburg teacher, Heinrich Rickert. It begins with an account of Rickert's work, specifically of the concept of Darstellung (presentation) and its central role in Rickert's postmetaphysical theory of historical research (which he characterizes as exclusively (...)
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  32.  15
    The Future of Free Speech.Benjamin Walters - 2023 - Springer Nature Switzerland.
    ​This book dives headfirst into the contemporary controversy over the limits of free speech. Changing conceptions of what constitutes legitimate harm coupled with the advent of the internet and social media have provided a challenging environment for defining the boundaries of acceptable speech in our contemporary society. This book argues that these problems emerge due to flaws in our free speech framework, leaving the argument for free speech vulnerable to becoming inverted into a justification for censorship. In response, this book (...)
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  33. A more dangerous enemy? Philo’s “confession” and Hume’s soft atheism.Benjamin S. Cordry - 2011 - International Journal for Philosophy of Religion 70 (1):61-83.
    While Hume has often been held to have been an agnostic or atheist, several contemporary scholars have argued that Hume was a theist. These interpretations depend chiefly on several passages in which Hume allegedly confesses to theism. In this paper, I argue against this position by giving a threshold characterization of theism and using it to show that Hume does not confess. His most important confession does not cross this threshold and the ones that do are often expressive rather than (...)
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  34. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...)
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  35.  14
    Nicholas Popper. Walter Ralegh's History of the World and the Historical Culture of the Late Renaissance. xvi + 350 pp., illus., bibl., index. Chicago/London: University of Chicago Press, 2011. $55, £35.50. [REVIEW]Benjamin B. Olshin - 2014 - Isis 105 (2):429-430.
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  36.  29
    Civil Power and the Deconstruction of Scholasticism in the Thought of Marc'antonio de Dominis.Benjamin Slingo - 2015 - History of European Ideas 41 (4):507-526.
    SummaryMarc'antonio de Dominis is well known to historians as a figure in the political and religious culture of early modern Britain and Europe. This article contends that he was also a major theorist of civil power: his critique of Catholic scholastic political thought is compelling and his account of divine right kingship sheds light on conceptual problems that troubled a range of early modern thinkers. De Dominis dismantled the scholastic theory of political power on its own terms, insisting that Almain, (...)
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  37.  14
    Style and time: essays on the politics of appearance.Andrew E. Benjamin - 2006 - Evanston, Ill.: Northwestern University Press.
    Offers a sustained meditation on the role of interruption in modernity. This book departs from and elaborates an important but overlooked dimension of Walter Benjamin's discourse: the question of style as it bears upon temporality and spatiality. This work suggests that the time has come to revise existing paradigms.
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  38. Once More: Bradleyan Regresses.Benjamin Schnieder - 2013 - In Herbert Hochberg & Kevin Mulligan (eds.), Relations and predicates. Lancaster, LA: Ontos Verlag. pp. 219-256.
    ld English manors have their ghosts. And though I would not want to call analytic philosophy a ‘manor’, nor exactly ‘old’, it certainly is of some decent English origin, and it left adolescence a while ago. No wonder then, that it is not exempt from haunting terrors. One particular spectre has been haunting it for decades; it already gave some analytic pioneers the creeps, and we still now and then find people terrified by it: the ghost of old Bradley has (...)
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  39. Divine hiddenness and belief de re.Benjamin S. Cordry - 2009 - Religious Studies 45 (1):1-19.
    In this paper I argue that Poston and Dougherty's attempt to undermine the problem of divine hiddenness by using the notion of belief de re is problematic at best. They hold that individuals who appear to be unbelievers (because they are de dicto unbelievers) may actually be de re believers. I construct a set of conditions on ascribing belief de re to show that it is prima facie implausible to claim that seemingly inculpable and apparent unbelievers are really de re (...)
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  40.  33
    Violence, deconstruction, and sovereignty : Derrida and Agamben on Benjamin's 'Critique of Violence'.Robert Sinnerbrink - unknown
    How can Benjamin's theses help us to understand the secret architectures of the present? This volume takes up the architectural challenge in a number of innovative ways, collecting essays by both well-known and emerging scholars on time in cinema, the problem of kitsch, the design of graves and tombs, the orders of road-signs, childhood experience in modern cities, and much more. Engaged, interdisciplinary, bristling with insights, the essays in this collection will constitute an indispensable supplement to the work of (...) Benjamin, as well as providing a guide to some of the obscurities of our own present. (shrink)
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  41.  18
    Standing to Punish the Disadvantaged.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (3):711-733.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  42.  78
    Art, mimesis, and the avant-garde: aspects of a philosophy of difference.Andrew E. Benjamin - 1991 - New York: Routledge.
    Art, Mimesis and the Avant-Garde explores the relationship between art and philosophy. Andrew Benjamin argues for a reworking of the task of philosophy in terms of the centrality of ontology. It is in relation to this centrality, understood through the differences between modes of being, that art, mimesis, and the avant-garde come to be presented. A fundamental part of this book is the original interpretations of important contemporary painters and their themes: Lucian Freud's self-portraits, Francis Bacon 's use of mirrors, (...)
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  43.  14
    Good Enough Justice?Benjamin Brewer - 2020 - Philosophy Today 64 (3):745-761.
    This essay contends that Stanley Cavell’s criterion of “good enough justice,” which designates the minimal condition of social justice necessary for his perfectionist understanding of ethical selfhood, constitutes an avoidance—rather than an acknowledgment—of the problem of injustice. Taking Cavell’s misreading of Walter Benjamin as exemplary of this tendency, the essay shows how Cavell’s moral perfectionism consistently converts questions about the suffering of others into a problem of the self and its conscience, thereby avoiding the ethical claim at the heart (...)
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  44. Sentencing Leniency for Black Offenders: A Procedural Defense.Benjamin S. Yost - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin S. Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York, NY: Oxford University Press, Usa.
    In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know it.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. I call this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, I offer my own, which employs a procedural rather (...)
     
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  45.  25
    Standing to Punish the Disadvantaged.Benjamin S. Yost - 2022 - Criminal Law and Philosophy (3):1-23.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  46. A critique of religious fictionalism.Benjamin S. Cordry - 2010 - Religious Studies 46 (1):77-89.
    Andrew Eshleman has argued that atheists can believe in God by being fully engaged members of religious communities and using religious discourse in a non-realist way. He calls this position 'fictionalism' because the atheist takes up religion as a useful fiction. In this paper I critique fictionalism along two lines: that it is problematic to successfully be a fictionalist and that fictionalism is unjustified. Reflection on fictionalism will point to some wider problems with religious anti-realism.
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  47. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  48.  13
    The Hidden Law of Selfhood: Reading Heidegger's Ipseity after Derrida's Hospitality.Benjamin Brewer & Ronald Mendoza-de Jesús - 2021 - Oxford Literary Review 43 (2):268-289.
    Despite his wide-ranging and incisive engagement with Heidegger's thought across his career, Derrida seems to have written very little about Heidegger's Ereignis manuscripts, which, according to many commentators, constitute the place where Heidegger's thinking comes closest to Derridean deconstruction. Taking up Derrida's comments in Hospitality 1 on the figure of ‘selfhood’ in Heidegger's Contributions to Philosophy, this essay argues that this dense but important moment of engagement with the Ereignis manuscripts reveals the extent to which Heidegger's thinking of selfhood, (...)
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  49. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
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  50. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this premise is (...)
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