Arguing with Tradition

Arguing with Tradition

Author: Justin B. Richland

Publisher: University of Chicago Press

Published: 2008-09-15

Total Pages: 202

ISBN-13: 0226712966

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Arguing with Tradition is the first book to explore language and interaction within a contemporary Native American legal system. Grounded in Justin Richland’s extensive field research on the Hopi Indian Nation of northeastern Arizona—on whose appellate court he now serves as Justice Pro Tempore—this innovative work explains how Hopi notions of tradition and culture shape and are shaped by the processes of Hopi jurisprudence. Like many indigenous legal institutions across North America, the Hopi Tribal Court was created in the image of Anglo-American-style law. But Richland shows that in recent years, Hopi jurists and litigants have called for their courts to develop a jurisprudence that better reflects Hopi culture and traditions. Providing unprecedented insights into the Hopi and English courtroom interactions through which this conflict plays out, Richland argues that tensions between the language of Anglo-style law and Hopi tradition both drive Hopi jurisprudence and make it unique. Ultimately, Richland’s analyses of the language of Hopi law offer a fresh approach to the cultural politics that influence indigenous legal and governmental practices worldwide.


Arguing with God

Arguing with God

Author: Anson Laytner

Publisher: Rowman & Littlefield

Published: 1998

Total Pages: 338

ISBN-13: 0765760258

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As an old proverb puts it, "Two Jews, three opinions." In the long, rich, tumultuous history of the Jewish people, this characteristic contentiousness has often been extended even unto Heaven. Arguing with God is a highly original and utterly absorbing study that skates along the edge of this theological thin ice--at times verging dangerously close to blasphemy--yet also a source of some of the most poignant and deeply soulful expressions of human anguish and yearning. The name Israel literally denotes one who "wrestles with God." And, from Jacob's battle with the angel to Elie Wiesel's haunting questions about the Holocaust that hang in the air like still smoke over our own age, Rabbi Laytner admirably details Judaism's rich and pervasive tradition of calling God to task over human suffering and experienced injustice. It is a tradition that originated in the biblical period itself. Abraham, Moses, Elijah, and others all petitioned for divine intervention in their lives, or appealed forcefully to God to alter His proposed decree. Other biblical arguments focused on personal or communal suffering and anger: Jeremiah, Job, and certain Psalms and Lamentations. Rabbi Laytner delves beneath the surface of these "blasphemies" and reveals how they implicitly helped to refute the claims of opponent religions and advance Jewish doctrines and teachings.


Arguing with Angels

Arguing with Angels

Author: Egil Asprem

Publisher: State University of New York Press

Published: 2012-04-02

Total Pages: 235

ISBN-13: 1438441924

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This fascinating work explores John Dee's Enochian magic and the history of its reception. Dee (1527–1608/9), an accomplished natural philosopher and member of Queen Elizabeth I's court, was also an esoteric researcher whose diaries detail years of conversations with angels achieved with the aid of crystal-gazer Edward Kelley. His Enochian magic offers a method for contacting angels and demons based on secrets found in the apocryphal Book of Enoch. Examining this magical system from its Renaissance origins to present day occultism, Egil Asprem shows how the reception of Dee's magic is replete with struggles to construct and negotiate authoritative interpretational frameworks for doing magic. Arguing with Angels offers a novel, nuanced approach to questions about how ritual magic has survived the advent of modernity and demonstrates the ways in which modern culture has recreated magical discourse.


Arguing the Just War in Islam

Arguing the Just War in Islam

Author: John Kelsay

Publisher: Harvard University Press

Published: 2007-11-30

Total Pages: 284

ISBN-13: 9780674026391

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Jihad, with its many terrifying associations, is a term widely used today, though its meaning is poorly grasped. Few people understand the circumstances requiring a jihad, or "holy" war, or how Islamic militants justify their violent actions within the framework of the religious tradition of Islam. How Islam, with more than one billion followers, interprets jihad and establishes its precepts has become a critical issue for both the Muslim and the non-Muslim world. John Kelsay's timely and important work focuses on jihad of the sword in Islamic thought, history, and culture. Making use of original sources, Kelsay delves into the tradition of shari'a--Islamic jurisprudence and reasoning--and shows how it defines jihad as the Islamic analogue of the Western "just" war. He traces the arguments of thinkers over the centuries who have debated the legitimacy of war through appeals to shari'a reasoning. He brings us up to the present and demonstrates how contemporary Muslims across the political spectrum continue this quest for a realistic ethics of war within the Islamic tradition. Arguing the Just War in Islam provides a systematic account of how Islam's central texts interpret jihad, guiding us through the historical precedents and Qur'anic sources upon which today's claims to doctrinal truth and legitimate authority are made. In illuminating the broad spectrum of Islam's moral considerations of the just war, Kelsay helps Muslims and non-Muslims alike make sense of the possibilities for future war and peace.


Arguing About War

Arguing About War

Author: Michael Walzer

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 224

ISBN-13: 0300127715

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Michael Walzer is one of the world’s most eminent philosophers on the subject of war and ethics. Now, for the first time since his classic Just and Unjust Wars was published almost three decades ago, this volume brings together his most provocative arguments about contemporary military conflicts and the ethical issues they raise.The essays in the book are divided into three sections. The first deals with issues such as humanitarian intervention, emergency ethics, and terrorism. The second consists of Walzer’s responses to particular wars, including the first Gulf War, Kosovo, Afghanistan, and Iraq. And the third presents an essay in which Walzer imagines a future in which war might play a less significant part in our lives. In his introduction, Walzer reveals how his thinking has changed over time.Written during a period of intense debate over the proper use of armed force, this book gets to the heart of difficult problems and argues persuasively for a moral perspective on war.


Acts of Arguing

Acts of Arguing

Author: Christopher W. Tindale

Publisher: SUNY Press

Published: 1999-11-04

Total Pages: 268

ISBN-13: 9780791443873

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Approaches recent innovations in argumentation theory from a primarily rhetorical perspective.


Arguing Sainthood

Arguing Sainthood

Author: Katherine Pratt Ewing

Publisher: Duke University Press

Published: 1997

Total Pages: 332

ISBN-13: 9780822320241

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Ewing examines the competing forces behind the formation of a modern western subjectivity in the context of Sufi religious meanings and practices in Pakistan.


Arguing About Law

Arguing About Law

Author: Aileen Kavanagh

Publisher: Routledge

Published: 2013-12-16

Total Pages: 630

ISBN-13: 1135029148

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Arguing about Law introduces philosophy of law in an accessible and engaging way. The reader covers a wide range of topics, from general jurisprudence, law, the state and the individual, to topics in normative legal theory, as well as the theoretical foundations of public and private law. In addition to including many classics, Arguing About Law also includes both non-traditional selections and discussion of timely topical issues like the legal dimension of the war on terror. The editors provide lucid introductions to each section in which they give an overview of the debate and outline the arguments of the papers, helping the student get to grips with both the classic and core arguments and emerging debates in: the nature of law legality and morality the rule of law the duty to obey the law legal enforcement of sexual morality the nature of rights rights in an age of terror constitutional theory tort theory. Arguing About Law is an inventive and stimulating reader for students new to philosophy of law, legal theory and jurisprudence.


The Argumentative Indian

The Argumentative Indian

Author: Amartya Sen

Publisher: Farrar, Straus and Giroux

Published: 2013-10-15

Total Pages: 436

ISBN-13: 1466854294

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A Nobel Laureate offers a dazzling new book about his native country India is a country with many distinct traditions, widely divergent customs, vastly different convictions, and a veritable feast of viewpoints. In The Argumentative Indian, Amartya Sen draws on a lifetime study of his country's history and culture to suggest the ways we must understand India today in the light of its rich, long argumentative tradition. The millenia-old texts and interpretations of Hindu, Buddhist, Jain, Muslim, agnostic, and atheistic Indian thought demonstrate, Sen reminds us, ancient and well-respected rules for conducting debates and disputations, and for appreciating not only the richness of India's diversity but its need for toleration. Though Westerners have often perceived India as a place of endless spirituality and unreasoning mysticism, he underlines its long tradition of skepticism and reasoning, not to mention its secular contributions to mathematics, astronomy, linguistics, medicine, and political economy. Sen discusses many aspects of India's rich intellectual and political heritage, including philosophies of governance from Kautilya's and Ashoka's in the fourth and third centuries BCE to Akbar's in the 1590s; the history and continuing relevance of India's relations with China more than a millennium ago; its old and well-organized calendars; the films of Satyajit Ray and the debates between Gandhi and the visionary poet Tagore about India's past, present, and future. The success of India's democracy and defense of its secular politics depend, Sen argues, on understanding and using this rich argumentative tradition. It is also essential to removing the inequalities (whether of caste, gender, class, or community) that mar Indian life, to stabilizing the now precarious conditions of a nuclear-armed subcontinent, and to correcting what Sen calls the politics of deprivation. His invaluable book concludes with his meditations on pluralism, on dialogue and dialectics in the pursuit of social justice, and on the nature of the Indian identity.


The Open Hand

The Open Hand

Author: Barry M. Kroll

Publisher: University Press of Colorado

Published: 2013-11-15

Total Pages: 274

ISBN-13: 1492000566

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Based on five years of classroom experimentation, The Open Hand presents a highly practical yet transformational philosophy of teaching argumentative writing. In his course Arguing as an Art of Peace, Barry Kroll uses the open hand to represent an alternative approach to argument, asking students to argue in a way that promotes harmony rather than divisiveness and avoiding conventional conflict-based approaches. Kroll cultivates a bodily investigation of noncombative argument, offering direct pedagogical strategies anchored in three modalities of learning—conceptual-procedural, kinesthetic, and contemplative—and projects, activities, assignments, informal responses, and final papers for students. Kinesthetic exercises derived from martial arts and contemplative meditation and mindfulness practices are key to the approach, with Kroll specifically using movement as a physical analogy for tactics of arguing. Collaboration, mediation, and empathy are important yet overlooked values in communicative exchange. This practical, engaging, and accessible guide for teachers contains clear examples and compelling discussions of pedagogical strategies that teach students not only how to write persuasively but also how to deal with personal conflict in their daily lives.