{"title":"Acknowledging Others","authors":"Talbot Brewer","doi":"10.1093/oso/9780198828310.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198828310.003.0002","url":null,"abstract":"It is widely affirmed that human beings have irreplaceable valuable, and that we owe it to them to treat them accordingly. Many theorists have been drawn to Kantianism because they think that it alone can capture this intuition. One aim of this paper is to show that this is a mistake, and that Kantianism cannot provide an independent rational vindication, nor even a fully illuminating articulation, of irreplaceability. A further aim is to outline a broadly Aristotelian view that provides a more fitting theoretical framework for this appealing conception of human value. The critique of Kantianism is extended to contemporary theorists with a broadly Kantian orientation. The paper closes with an outline of a virtue-theoretic ethical theory that follows Aquinas in taking love to be a master virtue—one that refines the other virtues so as to provide a continuous practical sensitivity to the irreplaceable value of fellow human beings.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117253541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Duke and the Culture of Individual Distinction","authors":"A. Gamberini","doi":"10.1093/OSO/9780198824312.003.0017","DOIUrl":"https://doi.org/10.1093/OSO/9780198824312.003.0017","url":null,"abstract":"The great challenge posed by the construction of a state based around a noble and princely structure led first of all to confrontation with those republican ideals that continued to guide large and small communities in their day-to-day operation. Once again, the Visconti and the Sforza did not merely set about seeking a peaceful modus vivendi, but attempted to dismantle competing cultures through the development of an alternative model of social organization, based on distinctions among men. Communitary egalitarianism was opposed by the valorization of individual excellence, which the prince acknowledged on the basis of status, wealth, and local influence. This resulted in a frontal attack on the political subjectivity of the communities, which, however, reacted in different ways in the cities and in the countryside. This chapter focuses on these aspects.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121048828","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Gender, Islam, and Law","authors":"J. Bowen","doi":"10.1093/OSO/9780198829591.003.0013","DOIUrl":"https://doi.org/10.1093/OSO/9780198829591.003.0013","url":null,"abstract":"This chapter considers arguments about Islam and women’s welfare, and, at greater length, how legal systems with Islamic elements treat women, focusing on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only texts, disentangle the effects of patriarchal regional cultures from the effects of Islamic law, and compare the gendered effects of Islamic court practices with local alternatives. The Islamic legal tradition features both a broadly shared set of texts and traditions and a wide array of interpretations and practices. From the very beginning of Islam, rulers and judges developed new ways of applying the traditions to changing situations. Many of these new applications involved ways to grant women greater autonomy. The chapter looks in greater detail at three countries—Tunisia, Indonesia, and Iran—to detect probable mechanisms shaping women’s access to divorce and to property.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121131731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bullshit Production","authors":"O. Gjelsvik","doi":"10.1093/oso/9780198743965.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198743965.003.0007","url":null,"abstract":"This chapter starts with Harry Frankfurt’s pioneering account of bullshit, and goes on to consider Gerald A. Cohen’s criticism of Frankfurt and his alternative view. The chapter maintains, contrary to Cohen, that we should not give up seeing bullshit as a single and unified phenomenon. The thesis it goes on to defend is that bullshitting and its product bullshit are to be characterized by a certain state of mind of the producer, a state of mind that is to be identified by its relation to assertion. But it is not the state of mind Frankfurt suggested (the state of being unconcerned with truth), for which Cohen has provided counterexamples. The state of mind that produces bullshit, it is argued, is the state of not being concerned, as we should be, with knowledge. And that, in its turn, throws an interesting light on what assertion is, and which norm governs it.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127168340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part-Time Employment and Aesthetic Labor Among Middle-Class Youth","authors":"Yasemin Besen-Cassino","doi":"10.1093/oso/9780190685898.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780190685898.003.0006","url":null,"abstract":"This chapter addresses work experience from the perspective of the young people themselves so as to capture varied lived experiences of youth employment and unemployment. Research to date has provided an incomplete picture of youth unemployment, failing to focus on part-time work. For youth, part-time jobs are becoming scarce and more difficult to locate. With the economic recession, not only are employers in the retail and service sector less likely to hire but young people find themselves in competition with unemployed older workers and immigrant workers, rendering these jobs more competitive than ever before. Moreover, with the rise in youth unemployment and with recently intensifying aesthetic labor requirements, young people do not have the same extent of opportunities for interacting with diverse groups of workers from a range of backgrounds, including those who have been socially and economically disadvantaged.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125032723","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Legal Pluralism, Gender Equality, and Parity of Participation: Constitutional Issues Concerning Customary Law in Liberia","authors":"S. Williams","doi":"10.1093/OSO/9780198829621.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780198829621.003.0006","url":null,"abstract":"This chapter examines the practice of customary law in Liberia and how it contributes to gender inequality. The familiar menu of constitutional tools to protect equality has often failed, both because external legal limits on customary law are inaccessible to women in traditional communities and because they put those women in the position of opposing their own communities. The only sustainable solution is to empower women to reshape their own customary law. This requires rethinking culture and customary law at three levels: first, we must view culture as an evolving process to which all members contribute; second, we must view customary law as an evolving part of the common law that interacts with state law; and third, we must enhance ‘participatory parity’ for women. The chapter concludes with suggestions for constitutional reform in Liberia to promote the role of women as norm creators.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126132314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Starving Artist as Dying Author","authors":"A. Moody","doi":"10.1093/oso/9780198828891.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198828891.003.0004","url":null,"abstract":"This chapter examines the questions raised about the role of art in the aftermath of the 1968 student protests in France and the US, as aesthetic autonomy was being absorbed into the university and the university itself was changing in response to the emergence of what in the US became known as “French theory.” Paul Auster, who was a student at Columbia in 1968 and spent the early 1970s in Paris, moves between these two milieus, using his commitment to the art of hunger to locate himself outside both. In the process, Auster reinvents the art of hunger in line with the preoccupations of his own historical moment, locating the beseiged author at the center of the tradition, and linking the art of hunger’s preoccupation with aesthetic autonomy to the 1960s’ and 1970s’ quest for personal authenticity.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125289415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Critical Theory and the Soundtrack","authors":"James Buhler","doi":"10.1093/oso/9780199371075.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780199371075.003.0007","url":null,"abstract":"Critical theory covers a wide range of interpretive methods, including under its rubric many of the most significant trends of recent scholarship. Chapter 7 considers general issues of critical theories and the soundtrack. The first part looks at the origins of critical theory in Marxism, the analysis of ideology, postcolonialism, and issues of labor. The largest portion of this section examines the theory of musical topics and subjects the concept of musical topic to ideological critique. The second part of the chapter contains a lengthy discussion of how debates over gender and sexuality have influenced thinking about the soundtrack.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125523030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Construction Site","authors":"M. Slobin","doi":"10.1093/OSO/9780190882082.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780190882082.003.0002","url":null,"abstract":"The chapter opens with the author’s personal and family musical formation as examples of how family, school and other early settings shape urban musical lives. Next comes a collage of short quotes from a couple dozen Detroiters to suggest how different types of early influences form musicians’ identities more generally. A short closing section discusses how the availability of many different musical sources within a metropolis helps to shape personal profiles, even as social distance keeps some styles and performances of music inaccessible.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126633548","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Complementary Tools and Incentives","authors":"Mokal et","doi":"10.1093/OSO/9780198799931.003.0005","DOIUrl":"https://doi.org/10.1093/OSO/9780198799931.003.0005","url":null,"abstract":"This chapter discusses the complementary tools and incentives that can be adopted by jurisdictions to ensure the proper and effective use of the Modular Approach and to give due regard to the position and role of the various types of stakeholders involved in a MSME insolvency process. It specifically focuses on the roles and obligations of the MSME entrepreneur, both at times approaching insolvency and during the MSME insolvency process. Entrepreneurs do not always possess the education and skills to monitor the financial situation of their business and to react accordingly. With regard to the MSME framework, they would usually not be capable of designing a proper continuation plan. They might not even be aware that there is a chance to turn their business around by using mechanisms under insolvency law. In all these areas, education is a useful remedy. Jurisdictions should establish a method for providing affordable educational counselling and legal advice.","PeriodicalId":308769,"journal":{"name":"Oxford Scholarship Online","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126770942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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