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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
31

Tolerated illegality and intolerable legality: from legal philosophy to critique

Plyley, Kathryn 26 April 2018 (has links)
This project uses Michel Foucault’s underdeveloped notion of “tolerated illegality” as a departure point for two converging inquiries. The first analyzes, and then critiques, dominant legal logics and values. This part argues that traditional legal philosophers exhibit a “disagreement without difference,” generally concurring that legal certainty and predictability enhance agency. Subsequently, this section critiques “formal legal” logic by linking it to science envy (specifically the desire for certainty and predictability), and highlighting its agency- limiting effects (e.g. the violence of law en-force-ment). The second part examines multiple dimensions of tolerated illegality, exploring the permutations of this complex socio-legal phenomenon. Here the implications of tolerated illegality are mapped across different domains, ranging from the dispossession of Indigenous peoples of their lands, to the latent ideologies embedded in superhero shows. This section also examines the idea of liberal “tolerance,” as well as the themes of power, domination, politics, bureaucracy, and authority. Ultimately, this project demonstrates that it is illuminating to study legality and (tolerated) illegality in tandem because although analyses of “formal legality” provide helpful analytical texture, the polymorphous and entangled nature of tolerated illegality makes clear just how restricted and artificial strict analyses of legality can be. / Graduate
32

A Critique of the Learning Brain

Olsson, Joakim January 2020 (has links)
The guiding question for this essay is: who is the learner? The aim is to examine and criticize one answer to this question, sometimes referred to as the theory of the learning brain, which suggests that the explanation of human learning can be reduced to the transmitting and storing of information in the brain’s formal and representational architecture, i.e., that the brain is the learner. This essay will argue that this answer is misleading, because it cannot account for the way people strive to learn in an attempt to lead a good life as it misrepresents the intentional life of the mind, which results in its counting ourselves out of the picture when it attempts to provide a scientific theory of the learning process. To criticize the theory of the learning brain, this essay will investigate its philosophical foundation, a theory of mind called cognitivism, which is the basis for the cognitive sciences. Cognitivism is itself built on three main tenets: mentalism, the mind-brain identity theory and the computer analogy. Each of these tenets will be criticized in turn, before the essay turns to criticize the theory of the learning brain itself. The focus of this essay is, in other words, mainly negative. The hope is that this criticism will lay the groundwork for an alternative view of mind, one that is better equipped to give meaningful answers to the important questions we have about what it means to learn, i.e., what we learn, how we do it and why. This alternative will emphasize the holistic and intentional character of the human mind, and consider the learning process as an intentional activity performed, not by isolated brains, but by people with minds that are extended, embodied, enacted and embedded in a sociocultural and physical context.

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