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<p>This thesis advances a number of claims, some conceptual, some empirical, some normative. The conceptual claims are concentrated in chapters 1 and 2, 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 remainder of the thesis is dedicated to discussing whether legal scholarship – or, more precisely, a particular type of legal scholarship that can be described as standard or doctrinal – is used as a source of law (as the concept is defined in chapters 1 and 2) in modern municipal 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 recourse to legal scholarship by judges with judicial activism. It will be argued, however, that legal scholarship can plausibly be used to mitigate discretion. Indeed, 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 in fact does not.</p> / Doctor of Philosophy (PhD)

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This thesis argues for a critical examination of the published writings of Le Sony'r Ra, also known as Sun Ra, a groundbreaking jazz musician and philosopher of the 20th century. Recent redistribution of Sun Ra's musical output, which includes hundreds of releases on many record labels from the 1950's onward, has prompted a critical renaissance towards his influence on jazz orchestration, band management, do-it-yourself ethics, and structured improvisation In spite of this resurgence of interest in his music, his written corpus has failed to produce a comparable level of criticism or discussion. It is my firm belief that it is the body of work's relative scarcity in print, not its value as literature, that has kept the material underground for such a lengthy period of time. With the recent republication of Sun Ra's daunting body of poetry and prose, the discovery of early manuscripts, and the surfacing of relevant critical essays, the time has come to analyze his poetic position within the context of African-American philosophical thought. / Master of Arts

The purpose of this dissertation is to examine if, and how, the executive-centered approach to public administration, which emphasized public administrators' unwavering loyalty to the president, intellectually shaped the founding and growth of Korean mainstream public administration in the 1962-1987 period. Specifically, this dissertation identifies the four normative tenets underlying the executive-centered approach and conducts comprehensive qualitative content analysis of mainstream scholars' journal articles and book chapters to investigate if, and how, such normative tenets framed the intellectual trajectory of Korean mainstream public administration in the 1962-1987 period. The major findings of this dissertation indicate that: 1) Korean public administration was intellectually founded upon the four tenets of the executive-centered approach and such tenets became fully entrenched as unassailable normative beliefs in Korean mainstream public administration scholarship in the 1962-1987 period and 2) Korean mainstream public administration scholars' strong commitment to the executive-centered approach led them to uphold executive-centered governing order, in which the president exercised exclusive control of public administrators, and to champion the authoritarian developmental state, in which the authoritarian president pushed administrators into controlling civil society and market in line with his political and policy agenda, in the 1962-1987 period. This dissertation also contends that in the post-1987 period, the advent of the new governing order of separation of powers created an intellectual dilemma for Korean public administration scholars because their blind adherence to the executive-centered approach, which stressed administrators' exclusive responsiveness to the president, came into essential tension with the new governing order of separation of powers, in which administrators were required to be simultaneously responsive to not only the president, but also the legislative and judicial branches. / Ph. D. / This dissertation seeks to investigate how the executive-centered approach to public administration, which emphasized public administrators’ strong loyalty to the president, influenced the intellectual development of Korean public administration in the 1962-1987 period. In order to examine the impact of the executive-centered approach on Korean public administration scholarship, this dissertation carefully analyzes academic publications (book chapters and journal articles) written by Korean public administration scholars in the 1962-1987 period. The major findings of this dissertation indicate that Korean public administration scholars explicitly or implicitly endorsed the executive-centered approach in the 1962-1987 period and their intellectual commitment to the executive-centered approach led them to support the strong presidents that pushed public administrators into maintaining their authoritarian regimes in the same period.

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在21世紀的國際關係中，全球事務的複雜性提高，跨國民眾間的互動愈趨頻繁，以國家為中心的傳統外交思維逐漸出現轉變。各國的外交政策也更強調跨文化間的對話與互動，及建立跨國人際關係網絡的重要性。而公眾外交的作用即在於藉由影響他國民眾或菁英份子的認知與觀感，進而在目標國家內部形塑對本國有利的政策環境，遂成為各國政府制定對外政策時的重要工具，更是當前相當熱門的國際關係研究主題。近年來，我國政府也開始透過多樣化的途徑來推動公眾外交，希望提升國家形象以期能增加臺灣的國際能見度。其中，國際教育交流不僅能夠提供國際青年學子相互交往的機會，促使外籍學生以最直接的方式認識臺灣，甚至能建立他國民眾與我國的長期情感聯繫，被認為是最有效的推動途徑之一。在這樣的研究背景及政策環境基礎上，本文將以「臺灣獎學金計畫」作為研究主軸，並針對計畫受獎生進行問卷調查，進而評估政府獎學金計畫推動公眾外交的成效，同時也將釐清「臺灣獎學金計畫」在我國公眾外交上扮演何種角色。 總結而言，本研究首先經由詳盡地文獻回顧，以釐清公眾外交的發展脈絡及不同發展階段的概念核心。其次，本文嘗試賦予公眾外交更多在國際關係和外交政策中具體的理論基礎，並將軟實力、系統理論、結構主義的概念帶入公眾外交領域之中。再者，本文也從臺灣眾多的公眾外交作為中，歸納出其背後所欲追求的政策目標，而後聚焦於說明「臺灣獎學金計畫」，並致力於探討及評析國際間具知名度的政府獎學金計畫，從中歸納出成功推行政府獎學金計畫的關鍵因素，進而與我國獎學金計畫進行比較。最後，本文藉由問卷調查的實證結果來說明我國以政府獎學金推動公眾外交的成效，並提供臺灣日後發展公眾外交的建議。 / International relations in 21st Century has shown the features of highly complexity of global affairs and frequently interaction among cross-borders people; therefore, traditional diplomacy has changed into modern face accordingly. Nowadays, the governments tend to emphasize the dialogues and linkages of relationship between different cultures in foreign policy. The purpose of public diplomacy is to influence opinion in target countries to make it easier for the government to achieve its aims. For this reasons, public diplomacy has become an essential element of many countries foreign policy and a popular research area in the IR studies. Taiwanese Government has implemented public diplomacy in various approaches in order to improve the Taiwan images on the world stages. Among all the approaches of public diplomacy, international educational exchanges can not only let international students experience Taiwan in person, but also facilitate inter-cultural communication and build the long-lasting relationships between Taiwan. Based on the above-mentioned reasons, this article takes the Taiwan Scholarship Program as a study case in order to analyze of the role of the program in Taiwan’s public diplomacy. This study empirically investigates the outcomes of the Taiwan Scholarship Program by conducting the questionnaire for the Taiwan Scholarship grantees, who are studying in Taiwan during 2011-2012. To sum up, this article manages to extensively retrospect the development of public diplomacy in the international relations and capture the core elements of public diplomacy under different ages. Besides, in order to provide theoretical bases for public diplomacy, the article tries to put soft power, systemic theory, and structuralism into discussions. Furthermore, the study dedicates to illustrate its policy goals from the practices of Taiwan’s public diplomacy and compare the Taiwan Scholarship Program with other prestigious government scholarship in world as well. Finally, the study indicates that the Taiwan Scholarship Program plays an important role in Taiwan’s public diplomacy, particularly because face-to face contact between grantees and Taiwanese people helps diminish the stereotypes and increase the mutual understanding.

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