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TL;DR: In this paper, a judge in some representative American jurisdiction is assumed to accept the main uncontroversial constitutive and regulative rules of the law in his jurisdiction and to follow earlier decisions of their court or higher courts whose rationale, as l
Abstract: 1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l
1,986 citations
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01 Jan 1927
TL;DR: In this paper, the authors present an interpretation of Dasein in terms of temporality, and the Explication of Time as the Transcendental Horizon for the Question of Being.
Abstract: Translators' Preface. Author's Preface to the Seventh German Edition. Introduction. Exposition of the Question of the Meaning of Being. 1. The Necessity, Structure, and Priority of the Question of Being. 2. The Twofold Task of Working out the Question of Being. Method and Design of our Investigation. Part I:. The Interpretation of Dasein in Terms of Temporality, and the Explication of Time as the Transcendental Horizon for the Question of Being. 3. Preparatory Fundamental Analysis of Dasein. Exposition of the Task of a Preparatory Analysis of Dasein. Being-in-the-World in General as the Basic State of Dasein. The Worldhood of the World. Being-in-the-World as Being-with and Being-One's-Self. The 'they'. Being-in as Such. Care as the Being of Dasein. 4. Dasein and Temporality. Dasein's Possibility of Being-a-Whole, and Being-Towards-Death. Dasein's Attestation of an Authentic Potentiality-for-Being, and Resoluteness. Dasein's Authentic Potentiality-for-Being-a-Whole, and Temporality as the Ontological Meaning of Care. Temporality and Everydayness. Temporality and Historicality. Temporality and Within-Time-Ness as the Source of the Ordinary Conception of Time. Author's Notes. Glossary of German Terms. Index.
16,218 citations
Book•
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01 Jan 1998
TL;DR: In this article, the authors present the logic of sovereignty and the paradox of sovereignty in the form of the human sacer and the notion of potentiality and potentiality-and-law.
Abstract: Introduction Part I. The Logic of Sovereignty: 1. The paradox of sovereignty 2. 'Nomos Basileus' 3. Potentiality and law 4. Form of law Threshold Part II. Homo Sacer: 1. Homo sacer 2. The ambivalence of the sacred 3. Sacred life 4. 'Vitae Necisque Potestas' 5. Sovereign body and sacred body 6. The ban and the wolf Threshold Part III. The Camp as Biopolitical Paradigm of the Modern: 1. The politicization of life 2. Biopolitics and the rights of man 3. Life that does not deserve to live 4. 'Politics, or giving form to the life of a people' 5. VP 6. Politicizing death 7. The camp as the 'Nomos' of the modern Threshold Bibliography Index of names.
7,293 citations
Book•
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01 Jan 1992
TL;DR: Fukuyama as mentioned in this paper identifies two powerful forces guiding our actions: the logic of desire (the rational economic process); and the desire for recognition, which he describes as the very motor of history.
Abstract: Fukuyama considers whether or not there is a direction to the history of mankind. He identifies two powerful forces guiding our actions: the logic of desire (the rational economic process); and the desire for recognition, which he describes as the very motor of history.
7,211 citations
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01 Jan 1936
TL;DR: One of the most important works of cultural theory ever written, Walter Benjamin's groundbreaking essay explores how the age of mass media means audiences can listen to or see a work of art repeatedly and what the troubling social and political implications of this are as mentioned in this paper.
Abstract: One of the most important works of cultural theory ever written, Walter Benjamin's groundbreaking essay explores how the age of mass media means audiences can listen to or see a work of art repeatedly - and what the troubling social and political implications of this are. Throughout history, some books have changed the world. They have transformed the way we see ourselves - and each other. They have inspired debate, dissent, war and revolution. They have enlightened, outraged, provoked and comforted. They have enriched lives - and destroyed them. Now Penguin brings you the works of the great thinkers, pioneers, radicals and visionaries whose ideas shook civilization and helped make us who we are.
5,020 citations
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01 Jan 1961
4,716 citations
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