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Deborah Charles Publications
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Julio Paulo Tavares ZABATIERO, "Leis do Antigo Israel e Movimientos
Populares no Brasil", paper delivered at IASL Conference, Såo
Paolo, August 1997: In the 70s and 80s a significant number of popular counter
cultural movements grew up in Brazil, trying to change the current socio-economical
order. As samples we can name: the Landless Movement (Movimento dos Sem-Terra;
MST); a lot of Feminist Movements and Neighbours Movements. Several of these
movementes were founded by, or led by, active christians from the Base Communities
(Catholic Church) and from the ecumenical institutions tied to Evangelical
Churches. The presence of these christians was relevant to the formulation
of the programs and ideologies of the movements, inspired by a new way of
Bible interpretation called a People's Reading of the Bible. One of the
most important biblical themes for these christians was the "Project
of God", the title given to the principles and norms extracted from
the Law Codes of the Old Testament Torah (Pentateuch). This essay intends
to read a brief sample of those laws - extracted from the so-called Deuteronomic
Code (Deuteronomy 14,22-15,23) Vll century B.C. - from the perspective of
the Semiotic School of Paris (A. J. Greimas and others) informed by important
concepts of Mikhail Bakhtin, and in the light of the overall view of society
and law formulated by Jürgen Habermas. It is hoped that the essay can
contribute to the semiotic understanding of the processes of discourse formation
of the law used by counter cultural movements, vis-à-vis the correspondent
processes of the Official Law.
167-197: A practically-based model of reason is proposed via
a re-analysis of an ideological argument between "liberal"
and "radical" feminists over reason and gender, as described
by Alison Jaggar (Feminist Politics and Human Nature, 1983).
Jaggar's account of ideological disagreement in terms of differences
in sustaining paradigms and associated criteria of rationality is
criticised as incomplete and incapable of resolving ideological disagreements
calling for argument about ends. An alternative account is proposed
of relations between reason and knowledge as historically-conditioned
praxis reflecting interests, explaining convergence of different
paradigms on rational criteria. The argument between Jaggar's "liberals"
and "radicals" over reason as a gender attribute and biological
essentialism is re-analysed, using familiar and minimally controversial
rational categories, and shown to have a practically rational structure
capable of objective assessment, and more appropriate to paradigm-based
argument. The re-analysis concludes by drawing on recent developments in
connectionist modelling and cognitive science to illuminate
the proposed model of reason, and on the history of ideas to illuminate
the issue of gender and reason. It is suggested that supposedly a-rational
cognitive processes such as female intuition are the result of unconscious
processing similar to that inseparable from practical rationality; and 18th-century
gender associations are contrasted with ancient Greek ones.
Edward H. Ziegler. "Transfer Development
Rights in the United States", Liverpool Law Review xviii.2 (1996),
forthcoming: This paper surveys the utilization of transfer development
rights by local governments in the United States as a selective regulatory
technique to control the development rights of private owners. Transfer
development rights are examined in the context of downtown redevelopment,
preservation of open space, farmlands, environmentally sensitive
areas, and historic protection and landmark preservation. Legal issues
in the United States related to transfer development rights programs are
examined. Particular emphasis is given in the paper to the relationship
between the grant of transfer development rights to private owners and constitutional
inverse condemnation claims by private owners whose lands are severely
restricted by government regulation. e-mail: EZIEGLER@ADM.LAW.DU.EDU
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