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41	A função primordial da regra jurídica : a construção do ponto de vista interno a partir das críticas às teorias de Holmes e Kelsen / The main function of legal rule : the construction of the internal point of view from the critical to Holmes and Kelsen theories Santos, Jaqueline Lucca January 2016 (has links) A pretensão do positivismo jurídico é o esclarecimento teórico para se realizar uma descrição correta do direito. A presente dissertação busca verificar qual a abordagem mais adequada para se alcançar a concretização da separação do direito da moral, sendo que o fio condutor é a obra de H.L.A. Hart, na qual se destaca o livro The Concept of Law. Dessa maneira, o problema a que se propõe o trabalho é evidenciar a complexidade da separação do direito da moral. Pretende-se demonstrar, principalmente através da teoria e obra de Herbert Hart, que Oliver Holmes e Hans Kelsen ao apresentarem seus projetos para separação do direito da moralidade, trataram o direito do ponto de vista descritivo, perdendo a caracterização do próprio direito. O primeiro capítulo é dedicado a apresentar e explicar o projeto positivista, já que condutas exigíveis por regras jurídicas não se confundem com as condutas exigidas por regras morais, ainda que conjuntamente possam existir. Ainda nesse capítulo apresentam-se algumas noções importantes para a compreensão e desenvolvimento do trabalho em relação à teoria de Hart, em especial no que tange ao ponto de vista interno e externo. No segundo capítulo é abordada a obra de Holmes, The Path of the Law, e as principais críticas construídas por Hart e discutidas por Stephen Perry e Scott Shapiro. Partindo-se da perspectiva do homem mau presente na teoria, pretende-se demonstrar que esta é insuficiente para compreender a teoria do direito, em especial nas razões pelas quais um cidadão segue o direito, já que nem todos estariam preocupados em qual é a sanção que receberão do Estado caso desobedeçam à regra. No terceiro e último capítulo demonstra-se quais os problemas da teoria de Kelsen apontadas por Hart. Especialmente no que se refere à ideia de Kelsen de que o direito é só forma, podendo ter qualquer conteúdo, enquanto que Hart acredita que o direito deve possuir conteúdo mínimo. Segundo Kelsen, a estrutura normativa é pressuposta, sendo que a regra funciona como esquema de interpretação e a principal função desta é a sanção. O objetivo final do trabalho é demonstrar que neste projeto de tentar salvar a autonomia do direito, Holmes e Kelsen descaracterizaram o fenômeno jurídico como uma prática social. / The claim of legal positivism is the theoretical clarification to perform a correct description of the law. This work aims to verify the most appropriate approach to achieving the implementation of the separation of law from morality, and the common thread is the work of H.L.A. Hart, which stresses the book The Concept of Law. Thus, the problem that is proposed work is to show the complexity of separating law from morals. We intend to show, especially through the theory and work of Herbert Hart, that Oliver Holmes and Hans Kelsen when presented their projects for separating the right of morality, they treated law of the descriptive point of view, losing the characterization of the law itself. The first chapter is dedicated to present and explain the positivist project, as required by legal conduct rules are not confused with the conduct required by moral rules, albeit jointly may exist. Although this chapter presents some important concepts for understanding and development work in relation to Hart's theory, especially with regard to internal and external point of view. The second chapter discussed the work of Holmes, The Path of the Law, and the main criticisms built by Hart and discussed by Stephen Perry and Scott Shapiro. Starting from the bad man present perspective in theory, intended to demonstrate that this is insufficient to understand the theory of law, in particular the reasons why a citizen follows the law, since not everyone would be worried about what is the sanction which receive if they disobey the rule. In the third and last chapter shows is that the problems of Kelsen's theory pointed out by Hart. Especially with regard to the idea of Kelsen that law is shaped and can have any content, while Hart believes that law should have a minimum content. According to Kelsen, the regulatory framework is presupposed, and the rule works as interpretation scheme and the main function of this is the sanction. The ultimate goal of the work is to demonstrate that this project of trying to save the autonomy of law, Holmes and Kelsen misrepresent the legal phenomenon as a social practice. Filosofia do direito Positivismo jurídico Hart, Herbert L.A., 1907-1992 Holmes, Oliver Wendell, 1809-1894 Kelsen, Hans, 1881-1973 Philosophy of law Legal positivism Internal point of view Bad man Fundamental norm
42	Sky Water: The Intentional Eye and the Intertextual Conversation between Henry David Thoreau and Harlan Hubbard Sennett, Evan James 27 August 2019 (has links) No description available. Literature Environmental Philosophy Thoreau Henry David Walden Hubbard Harlan Payne Hollow sky water symbols intertextual shantyboat Berry Wendell Ohio river symbolism nature Kentucky regional literature environment environmental intentional eye
43	Toward an Equitable Agrarian Commonwealth: Race and the Agrarian Tradition in the Works of Wendell Berry, Allen Tate, and Jean Toomer Earnhardt, Eric D. 26 July 2011 (has links) No description available. Aesthetics African Americans African American Studies African History African Literature African Studies Agricultural Economics Agricultural Education Agriculture Agronomy American History American Literature American Studies Black History Black Studies C Wendell Berry Allen Tate Jean Toomer Agrarianism Race Commonwealth Equitable Economy
44	Monarch Cheers, Integration Whimpers, and a Loyalty Conflict: Kansas City Call's Coverage of the Black Yankees, 1937-1955 Eames, Eric M. 05 December 2008 (has links) (PDF) Already regarded as one of the top teams in Negro League baseball, the Kansas City Monarchs became known as a powerhouse unit in the 1930s and 40s. They rolled into towns with lights, amazing athletes, and competitive play. They won championship after championship during these years as Kansas City baseball fans strongly supported them. As they became an integral part of the city, the Monarchs' success, open-seating policy, and jazzy home openers fostered a large following of mixed-race fans. The local black newspaper, the Kansas City Call, held them up on a pedestal, while sportswriters for the mainstream Kansas City Star/Times downplayed the Monarchs' accomplishments and influence in the community. This thesis focuses on the relationship the Call had with the best team in black baseball through the context of its treatment of games, players, league officials, and team owners, as well as other patterns and tactics. Analysis of the Star/Times coverage is also considered to show variances in coverage between one city's race-divided newspapers. Negro League baseball and the African American newspapers that covered the teams grew out of and illustrated the segregation laws and prejudices feelings that existed in the United States during most of the twentieth century. Over time, especially when the sports world moved into the post-integration period, the Call's bolstering of the Monarchs deteriorated as the paper's promotion of democracy steered its sportswriters away from a baseball organization that symbolized segregation. The different types of coverage by the Call throughout the twenty-year study can be described as all-out promotion, balance, and abandonment. In the 1950s nostalgia and conflict existed, as the Call's sportswriters became torn on how to cover a team that was once the pride of the black community, but now represented inequality. In an attempt to remedy this torment, the Call tried to convince black baseball officials to remove the “Negro League” stigma by signing players of all races in order to mirror the more democratic Major Leagues. The white press, meanwhile, ignored the bigger issues of black baseball as one Negro League team after another died in the 1950s. The Star/Times peripheral coverage of the Monarchs provides context to the social issues and discriminatory practices at play in Missouri. As this thesis outlines the coverage of the Monarchs through the Black and White newspapers of Kansas City, previous research is substantiated and challenged to provide a fuller account of Jim Crow's effects. Monarchs Kansas City Negro Leagues black press Jim Crow black baseball Kansas City Call Chester A. Franklin John I. Johnson Chicago Defender Pittsburgh Courier Wendell Smith Sam Lacy Frank Young Lucile Bluford Ernest Mehl C.E. McBride Kansas City Star Kansas City Times white press segregation Major Leagues color barrier baseball integration baseball Buck O'Neil J.L. Wilkinson Tom Baird Satchel Paige Jackie Robinson Hank Thompson Ernie Banks opening day jazz Missiouri Communication
45	Patterns Perceptible: Awakening to Community Barclay, Vaughn 17 May 2012 (has links) This paper interweaves narrativized readings and experiential narratives as personal and cultural resources for counterhegemonic cultural critique within our historical context of globalization and ecological crisis. Framed by perspectives on epistemology, everyday life, and place, these reflections seek to engage and revitalize our notions of community, creativity, and the individual, towards visioning the human art of community as a counternarrative to globalization. Such a task involves confronting the meanings we have come to ascribe to work and economy which so deeply determine our social fabric. Encountering the thought of key 19th and 20th century social theorists ranging from William Morris, Gregory Bateson, and Raymond Williams, to Murray Bookchin, Martin Buber, and Wendell Berry, these reflections mark the indivisible web of culture in the face of our insistent divisions, and further, iterate our innate creativity as the source for a vital, sustainable culture that might reflect, in Bateson’s terms, the pattern that connects. the pattern that connects
46	A Pragmatic Standard of Legal Validity Tyler, John 2012 May 1900 (has links) American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. natural law theory legal positivism HLA Hart William Blackstone John Locke Jeremy Bentham John Austin Galileo Socrates Trotsky Athens Soviet law Stuart dynasty John Dewey Dewey Commission Sidney Hook Congregation of the Holy Office Galileo Affair trial of Socrates Moscow Trials trial of Galileo heresy trial of Trotsky reason autonomy consent philosophy of law pragmatism Kant Inquisition ostracism Anaxagoras Protagoras Alcibiades Arginusae Pericles Peloponnesian War Solon Ephialtes Apology Plato Herodotus Xenophon Plutarch Roscoe Pound common law Oliver Wendell Holmes, Jr. The Common Law The Path of the Law Learned Hand Christopher Columbus Langdell Ronald Dworkin Lon Fuller Lenin Stalin King Rex Sergei Kirov Permanent Revolution Socialism in One Country Great Terror Dekulakization Holomodor Terror Famine Italian positivist school Harold J. Berman Gustav Radbruch Ramon Mercader Trotsky assassination Marteman Ryutin Old Bolsheviks Genrikh Yagoda Pope Urban VIII Walter Duranty Harold Denny New York Times Joseph E. Davies Mission to Moscow New Republic John F. Finerty Lev Sedov Military Collegium Vasili Ulrikh Gaspare Borgia Cardinal Robert Bellarmine Pericles Father Commissary Michelangelo Segizzi Cardinal Francesco Barberini Cardinal Maffeo Barberini Siderius Nuncius Starry Messenger Accademia dei Lincei Letters on Sunspots Friar Tommaso Caccini Niccolo Lorini Commentaries on the Laws of England Second Treatise on Civil Government Henry de Bracton Sir Edward Coke Sir John Fortescue Matthew Hale Ranulf de Glanvil James I Charles I James II Charles II ship money forest fines distraint of knighthood impositions dispensing power royal prerogative Duke of Buckingham Oliver Cromwell Bishops Wars William Prynne Great Migration Declaration of Indulgence Settlement Act Test Act Protectorate Clarendon Code Quaker Act William and Mary English Civil War Puritan Revolution Glorious Revolution Thirty Years' War Earl of Shaftesbuty William Laud Historiomatrix Long Parliament Rump Parliament Barebones Parliament sociological jurisprudence Red Terror war communism New Economic Policy 1926 Criminal Code Kirov Amendments judicial discretion semantic sting The Concept of Law Fragments on Government The Province of Jurisprudence Determined A Fragment on Government Anarchical Fallacies primary rules secondary rules rule of recognition legal validity internal point of view external point of view law as prediction the bad man perspective on law life of the law page of history Basilikon Doron Trew Law of Free Monarchies

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