Constitutional Paideia
Constitutional paideia designates a form of constitutionalism that construes a nation’s constitution essentially in terms of ongoing processes of collective self-formation. This paper explores the notion of constitutional paideia as formulated by Hegel, who explicitly defines constitutionalism with categories of Bildung. The paper’s strategy is to present Hegel’ position in light of questions that can be raised about it. The paper advances three central theses: (1) in spite (and perhaps because) of his historico-culturist approach to law, Hegel is a theoretician of constitutional paideia; (2) despite construing constitutionalism in terms of ongoing processes of popular self-interpretation, Hegel does not vitiate the distinction between law and politics deemed so central to constitutional theory; and (3) despite construing constitutionalism in terms of self-formative processes of a particular culture, Hegel does not jettison the normativity and trans-contextualism long associated with modern constitutional theory. The paper concludes with some observations on the contemporary significance of Hegelian constitutionalism.
Constitutional paideia is a term I shall use to designate a form of constitutionalism that construes a nation's constitution essentially in terms of ongoing processes of collective self-formation.(1) As such, it is markedly distinct from competing models. It is distinct from liberal models, notably represented today by John Rawls, for whom a constitution must "guarantee certain basic political rights and liberties and establish democratic procedures for moderating the political rivalry, and for determining issues of social policy."(2) While constitutional paideia is not chary of liberal concern for legal and moral constraints, it rejects the latter's commitment to entrenched rights and a fixed sense of a nation's legal-political identity. It is likewise distinct from communitarian models, represented however ambiguously by Frank Michelman. While sharing with such models a focus on communal identity, its commitment to processes of self-formation renders constitutional inhospitable to a theory keyed to a set of preexisting cultural values—that "more encompassing common life, bearing the imprint of a common past."(3) Constitutional paideia is distinct further from republican models, represented equally ambiguously by Hannah Arendt. Although it shares with republicanism the notion that constitutionalism must be sensitive to principles of public virtue, collective power, and civic commitment to a shared enterprise, it places special emphasis on the conditions for constituting collective identity and nationhood itself.(4) Constitutional paideia is also distinct from deliberative models, represented notably by Jürgen Habermas, for whom "the constitution establishes political procedures according to which citizens, in the exercise of their right to self-determination, successfully pursue the cooperative project of establishing just (or more just) conditions of life.
Originalism, an orthodox principle of legal interpretation, focuses on interpretation pursuant to the original understanding of constitutional words . This incorporates arguments from the ‘text, context, purpose and structure of the constitution’. The originalist method of constitutional in...
The reason for this report is to increase the reader’s knowledge on the Alberta Tar Sands, which will allow them to create their own opinions on the situation. It is a very pertinent issue in politics and will have a very large effect on the carbon emissions of Canada. Also, I wanted to further my understanding of the Alberta tar sands and learn the side effects of the tar sands. How the tar sands are different from other oil and energy procurement methods and which method is more energy efficient? Would the construction of the Keystone XL pipeline in the United States be an intelligent way for the US to involve itself in the tar sands? I wanted to answer these questions by knowing the real facts about the tar sands versus what the oil companies are telling the consumers. The ability to assess the entire situation will allow both the reader and I to formulate our own opinions about the tar sands and whether the extraction of oil at the tar sands should continue.
Mays, Kelly. “The Historical Significance of a Raisin in the Sun.” The Norton Introduction to
Darien is a patient who possibly displays comorbidity. His symptoms lead me to believe that he could possibly be diagnosed with obsessive-compulsive disorder and generalized anxiety disorder. Darien’s symptoms that point to OCD are that he has rituals he must complete and if he does not he becomes anxious and is unable to continue with his day. He is however aware that these rituals are not actually helping him but he cannot stop doing them. He also reports feeling anxious most of the day, especially if he cannot perform his rituals, and that he is becoming increasingly more anxious. He is also unable to keep himself from worrying and feeling anxious.
John Dewey and Freidrich Hayek both give compelling accounts of what they view as “free” political association. Hayek gives an account of a state where liberal principles are used and freedom is freedom from the coercion of others; while in contrast Dewey gives an account of a society where both liberal and democratic principles are used and where freedom is much more complex. The difference in the views of Hayek and Dewey on what they perceive to be a free society stems from difference’s they have on liberalism and democracy, freedom, and on the way a “free state” is created. Dewey offers a much more compelling view with his argument that liberalism and democracy cannot be separated, his view of freedom being much more diverse, and his rejection of spontaneous order. This allows for greater interpretation and creates a grey, middle ground that Hayek’s view does not.
The first point of mutual agreement that can de drawn upon relates to the people and their rights to themselves and others. Both Meiklejohn (1948) and Habermas (1964) mutually agreed upon the fact that democracy could not be achieved without acknowledging that each and every person has first and foremost a high degree of respect for each other. The need for mutual respect for one another can be seen at various times throughout their texts under closer inspection when analysizing their displayed arguments.
ABSTRACT: This paper traces the development of the idea of Paideia as 'freedom as a truth' in Antiquity, the Middle Ages, and the Renaissance to the idea of Paideia as 'truth as a freedom' that characterizes the present and is directed toward the future. It comments on the ideas of Schelling and Heidegger which have contributed toward this transformation.
Oil Sands are a type of bitumen deposit, the sands are naturally occurring mixtures of sand, clay, water, and an extremely dense and viscous form of petroleum called bitumen. They are found in large amounts in many countries throughout the world, but are found in extremely large quantities in Canada and Venezuela. Along with the local environmental and human-health impacts have contributed to the debate surrounding the resource. While many welcome it because it benefits the Canadian economy, Canada became U.S. and a curial energy source. To start off, a pro is that the oil sands have spurred massive economic growth in Alberta. Oil sands continue to generate huge profits to Canada and provide thousands of jobs for the residents including mining, research and
Hegel believed in the existence of two types of freedom, formal freedom and substantial freedom. Formal freedom was based on an individual’s natural rights to liberty whereas substantial freedom was based on an individual’s ability to coincide their ideals to that of their government. According to Hegel, the latter was the only and t...
Houlgate, S. (2005). An introduction to Hegel: Freedom, Truth and History, Oxford: United Kingdom, Blackwell Publishing, p. 48-51.
Lorraine Hansberry’s play “A Raisin in the Sun” invokes the idea of “anger” and early feminism by expressing the struggles of grasping the American dream during the late 1950s. Characters like Walter Lee and Beneatha Younger symbolize these themes throughout the play. Walter, a husband, and a businessman is struggling to grasp that idea of the American Dream by conveying his authority in the household. However, characters like Beneatha expresses her ideas of becoming a doctor by providing her role of being self-orientated and independent. In many ways, this play initially reads off as an “angry” deposit of the working class family that is struggling to make it in Southside Chicago. Walter often shows what it's like to overcome class inequality, his character is often positioned as an “angry”
The Author of The Jade Peony uses several conflicts to display different kinds of relationships and friendships in the world. Looking back to that time, the political issue was the main reason which caused so much tragedy to happen. People have their own right to find love; the real meaning of love is making life better. This is the message that Wayson Choy wants to tell readers through the novel.
From the moment scientists identified HIV and AIDS, social responses of fear, denial, stigma and discrimination have accompanied the epidemic. Discrimination has spread rapidly, fuelling anxiety and prejudice against the groups most affected, as well as those living with HIV or AIDS. It goes without saying that HIV and AIDS are as much about social phenomena as they are about biological and medical concerns. Across the world the global epidemic of HIV/AIDS has shown itself capable of triggering responses of compassion, solidarity and support, bringing out the best in people, their families and communities. But the disease is also associated with stigma, repression and discrimination, as individuals affected (or believed to be affected) by HIV have been rejected by their families, their loved ones and their communities. This rejection holds as true in the rich countries of the north as it does in the poorer countries of the south.
The social philosophy of Jurgen Habermas, outstanding philosopher and master dialectician of our time, has an immediate appeal to American philosophers, educated in the history of the Protestant migrations to the New World in search of religious freedom; educated also in the Founding Fathers who drew up a constitution for a modern republic heralded by Thomas Jefferson's Declaration of Independence proclaiming the universality of human equality and natural rights; educated as well in the social philosophy of American pragmatism, in which Enlightenment principles of democracy and science become normative social processes.
John Rawls’ A Theory of Justice holds that a rational, mutually disinterested individual in the Original Position and given the task of establishing societal rules to maximise their own happiness throughout life, is liable to choose as their principles of justice a) guaranteed fundamental liberties and b) the nullification of social and economic disparities by universal equality of opportunities, which are to be of greatest benefit to the least advantaged members of society , . Rawls’ system of societal creation has both strengths and weaknesses, but is ultimately sound.