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You searched for +publisher:"Texas A&M University" +contributor:("Austin, Scott W."). Showing records 1 – 3 of 3 total matches.

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Texas A&M University

1. Tyler, John. A Pragmatic Standard of Legal Validity.

Degree: 2012, Texas A&M University

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. Advisors/Committee Members: McDermott, John J. (advisor), Pappas, Gregory (committee member), Austin, Scott W. (committee member), Welch, Ben D. (committee member).

Subjects/Keywords: 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; Dialogue on the Two Chief World Systems, Ptolemaic and Copernican; 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; Positivism and the Separation of Law and Morals; 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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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Tyler, J. (2012). A Pragmatic Standard of Legal Validity. (Thesis). Texas A&M University. Retrieved from http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Tyler, John. “A Pragmatic Standard of Legal Validity.” 2012. Thesis, Texas A&M University. Accessed February 16, 2020. http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Tyler, John. “A Pragmatic Standard of Legal Validity.” 2012. Web. 16 Feb 2020.

Vancouver:

Tyler J. A Pragmatic Standard of Legal Validity. [Internet] [Thesis]. Texas A&M University; 2012. [cited 2020 Feb 16]. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Tyler J. A Pragmatic Standard of Legal Validity. [Thesis]. Texas A&M University; 2012. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2012-05-10885

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation


Texas A&M University

2. Carlson, Charles. Some Philosophical Origins of an Ecological Sensibility.

Degree: 2012, Texas A&M University

This dissertation is centered on problems within the history and philosophy of biology. The project identifies the philosophical roots of the current ecological movement and shows how a version of philosophical naturalism might be put to use within contemporary ethical issues in biology, and aid in the development of research programs. The approach is historically informed, but has application for current dilemmas. The traditions from which I primarily draw include classical American philosophy, particularly C.S. Peirce and John Dewey, as well as thinkers associated with the German Naturphilosophie movement, such as Goethe and Schopenhauer. There are deep, but often overlooked, resonances between these seemingly disparate traditions and contemporary biology that are located in the conflict between the developing organism and the ever-fluctuating environment. The dissertation makes the case for a shared description of nature among these traditions and proposes applications to burgeoning contemporary ecological interpretations of issues such as hybridization and epigenetics. Advisors/Committee Members: McDermott, John J. (advisor), George, Theodore (committee member), Austin, Scott W. (committee member), Rosenthal, Gil G. (committee member).

Subjects/Keywords: Evolution; Philosophy of Biology; American Philosophy; Naturphilosophen; Hybridization; Chance; Growth

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Carlson, C. (2012). Some Philosophical Origins of an Ecological Sensibility. (Thesis). Texas A&M University. Retrieved from http://hdl.handle.net/1969.1/ETD-TAMU-2012-08-11861

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Carlson, Charles. “Some Philosophical Origins of an Ecological Sensibility.” 2012. Thesis, Texas A&M University. Accessed February 16, 2020. http://hdl.handle.net/1969.1/ETD-TAMU-2012-08-11861.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Carlson, Charles. “Some Philosophical Origins of an Ecological Sensibility.” 2012. Web. 16 Feb 2020.

Vancouver:

Carlson C. Some Philosophical Origins of an Ecological Sensibility. [Internet] [Thesis]. Texas A&M University; 2012. [cited 2020 Feb 16]. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2012-08-11861.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Carlson C. Some Philosophical Origins of an Ecological Sensibility. [Thesis]. Texas A&M University; 2012. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2012-08-11861

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

3. Shockley, Paul Russell. How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church.

Degree: 2012, Texas A&M University

In my personal experience, I have discovered notable aesthetic problems that face many contemporary evangelical churches. In spite of these churches? best efforts, they fail to bridge the culture gap and foster a meaningful worship service. But John Dewey?s aesthetic philosophy understands the shifting nature of our environment and the value of aesthetic experience, providing beneficial insights to assist unhealthy churches. To better understand the applicability of his philosophy, Chapter II is an exposition of John Dewey?s aesthetics that revolves around four central questions: What is Dewey?s starting point for aesthetics? What distinguishes aesthetic experiences from others? What is his criticism of the ?museum conception of art?? What is the significance for Dewey of our activities having or not having aesthetic quality? Chapter III is a Deweyan investigation of four real churches: the elite church, which promotes an aesthetic that is reserved for its members; the broken church, which is divorced from community; the humdrum church, which is preoccupied with the routine; and the sensational church, which is characterized by indulgence. Chapter IV is a description of two recent attempts to bridge the culture gap and offer meaningful worship activities: the seeker-sensitive movement which contends that the church must be ?culturally inviting? to the community, and the emerging movement(s), which seeks to dismantle traditional churches using deconstructionism and reconstructing worship services that are experiential, pluralistic, and sensory. My Deweyan argument in Chapter V is that both the ?seeker-sensitive? and the ?emerging? movements fail to adequately understand the shifting character of our environment and our relation to it. If problem churches acknowledge that discontinuity with environment is inevitable, seek to meet the needs of others, embrace adjustment as a core component, and value aesthetic experience, they will be in a better position to bridge the culture gap and offer an enriching worship experience in their services. Three Deweyan lessons are gleaned from this inquiry: value aesthetic experience and its contribution in bridging the culture gap, implement Deweyan insights drawn from our examination of traditional churches, and contribute to society by generating artproducts that will benefit the community. Advisors/Committee Members: Pappas, Gregory F. (advisor), Austin, Scott W. (committee member), McDermott, John J. (committee member), Welch, Ben D. (committee member).

Subjects/Keywords: John Dewey; Art as Experience; Aesthetic Experience; American Philosophy; Culture Gap; Problem Churches; Spirituality; Aesthetics; Philosophy; Evangelicalism; Church Practice

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Record DetailsSimilar RecordsGoogle PlusoneFacebookTwitterCiteULikeMendeleyreddit

APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Shockley, P. R. (2012). How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church. (Thesis). Texas A&M University. Retrieved from http://hdl.handle.net/1969.1/ETD-TAMU-2010-12-8661

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Shockley, Paul Russell. “How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church.” 2012. Thesis, Texas A&M University. Accessed February 16, 2020. http://hdl.handle.net/1969.1/ETD-TAMU-2010-12-8661.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Shockley, Paul Russell. “How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church.” 2012. Web. 16 Feb 2020.

Vancouver:

Shockley PR. How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church. [Internet] [Thesis]. Texas A&M University; 2012. [cited 2020 Feb 16]. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2010-12-8661.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Shockley PR. How to Bridge the Culture Gap: How John Dewey?s Aesthetics May Benefit the Local Church. [Thesis]. Texas A&M University; 2012. Available from: http://hdl.handle.net/1969.1/ETD-TAMU-2010-12-8661

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

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