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251	'More than America': some New Zealand responses to American culture in the mid-twentieth century. Whitcher, Gary Frederick January 2011 (has links) This thesis focuses on a transformational but disregarded period in New Zealand’s twentieth century history, the era from the arrival of the Marines in 1942 to the arrival of Rock Around the Clock in 1956. It examines one of the chief agents in this metamorphosis: the impact of American culture. During this era the crucial conduits of that culture were movies, music and comics. The aims of my thesis are threefold: to explore how New Zealanders responded to this cultural trinity, determine the key features of their reactions and assess their significance. The perceived modernity and alterity of Hollywood movies, musical genres such as swing, and the content and presentation of American comics and ‘pulps’, became the sources of heated debate during the midcentury. Many New Zealanders admired what they perceived as the exuberance, variety and style of such American media. They also applauded the willingness of the cultural triptych to appropriate visual, textual and musical forms and styles without respect for the traditional classifications of cultural merit. Such perceived standards were based on the privileged judgements of cultural arbiters drawn from members of New Zealand’s educational and civic elites. Key figures within these elites insisted that American culture was ‘low’, inferior and commodified, threatening the dominance of a sacrosanct, traditional ‘high’culture. Many of them also maintained that these American cultural imports endangered both the traditionally British nature of our cultural heritage, and New Zealand’s distinctively ‘British’ identity. Many of these complaints enfolded deeper objections to American movies, music and literary forms exemplified by comics and pulps. Significant intellectual and civic figures portrayed these cultural modes as pernicious and malignant, because they were allegedly the product of malignant African-American, Jewish and capitalist sources, which threatened to poison the cultural and social values of New Zealanders, especially the young. In order to justify such attitudes, these influential cultural guardians portrayed the general public as an essentially immature, susceptible, unthinking and puritanical mass. Accordingly, this public, supposedly ignorant of the dangers posed by American culture, required the intervention and protection of members of this elite. Responses to these potent expressions of American culture provide focal points which both illuminate and reflect wider social, political and ideological controversies within midcentury New Zealand. Not only were these reactions part of a process of comprehension and negotiation of new aesthetic styles and media modes. They also represent an arena of public and intellectual contention whose significance has been neglected or under-valued. New Zealanders’ attitudes towards the new cinematic, literary and musical elements of American culture occurred within a rich and revealing socio-political and ideological context. When we comment on that culture we reveal significant features of our own national and cultural selves. American culture American popular culture Hollywood 1954 general election New Zealand Mazengarb committee 1954 Inter-Church Committee on Public Affairs Moral panics anti-semitism racism elitism Pierre Bourdieu Irene George James Ceaser George Forbes Gordon Coates Gordon Mirams W.J. Scott J.C. Beaglehole W.H. Oliver Bill Manhire Keith Sinclair Kendrick Smithyman Bill Pearson ‘Coal Flat’ Peter Fraser Walter Nash Sidney Holland Hilda Ross Elsie Locke W.H. Rhodes ‘Freedom’ newspaper ‘Truth’ newspaper James Belich recolonisation New Zealand newspaper editorial cartoons pulp magazines pulp fiction comics
252	Embryo Adoption: Implications of Personhood, Marriage, and Parenthood McMillen, Brooke Marie 14 April 2008 (has links) Indiana University-Purdue University Indianapolis (IUPUI) / One’s personal claims regarding personhood will influence his moral belief regarding embryo adoption. In Chapter One, I consider the personhood of the human embryo. If the human embryo is a person, we are morally obligated to permit the practice of embryo adoption as an ethical means to save human persons. However, for those who do not claim that an embryo is a person at conception, embryo adoption is not a necessary practice because we have no moral obligation to protect them. There are still others who claim that personhood is gained at some point during gestation when certain mental capacities develop. I offer my own claim that consciousness and sentience as well as the potential to be self-conscious mark the beginning of personhood. Embryo adoption raises several questions surrounding the institution of marriage. Due to its untraditional method of procreation, embryo adoption calls into question the role of procreation within marriage. In Chapter Two, I explore the nature of the marriage relationship by offering Lisa Cahill’s definition of marriage which involves both a spiritual and physical dimension, and then I describe the concept of marriage from different perspectives including a social, religious, and a personal perspective. From a personal perspective, I explore the relationship between marriage and friendship. Finally, I describe how the concept of marriage is understood today and explore the advantages to being married as opposed to the advantages of being single. Embryo adoption changes the way we customarily think about procreation within a family because in embryo adoption, couples are seeking an embryo from another union to be implanted into the woman. This prompts some philosophers to argue that embryo adoption violates the marriage relationship. In Chapter Three, I further consider the impact of embryo adoption on the family as an extension of the marital relationship as well as the impact of embryo adoption on the traditional roles of motherhood and fatherhood. I examine motherhood by looking at how some philosophers define motherhood and when these philosophers claim a woman becomes a mother. After considering these issues regarding motherhood, I examine the same issues surrounding fatherhood. Peg Brand, PhD., Chair Embryo adoption Embryo rescue Embryo Adoption Rescue Motherhood Fatherhood Marriage Personhood Gestation Conception Reproductive technology Reproduction Surrogacy Conscious Consciousness Sentience Person Self-conscious Self-consciousness Procreation Conjugal union Marriage relationship Procreate Pregnancy Genetic motherhood Gestational motherhood Social motherhood Genetic father Social father Mother Motherhood Father Fatherhood IVF In vitro In vitro fertilization Pregnancy Postnatal adoption Althaus Aquinas Conee Crosby DeGrazia Finnis Ford Locke Lovering McMahan Parfit Quinn Singer Sumner Thomson Tooley Warren Cahill Moller Landau Mill Catholic Lutheran Calvinist Calvinism Aristotle Catholicism Kant Parsons Primoratz Feldman Firestone Tonti-Filippini Watt Geach Human embryo -- Transplantation Adoption -- Religious aspects Motherhood Fatherhood Marriage
253	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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