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Brian E. Butler

University of North Carolina, Asheville
  •  Home
  •  Publications
    66
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    41

 More details
  • University of North Carolina, Asheville
    Department of Philosophy
    Regular Faculty
Claremont College
Department of Philosophy
PhD, 1993
Asheville, North Carolina, United States of America
Areas of Interest
Aesthetics
Applied Ethics
Meta-Ethics
Philosophy of Law
Social and Political Philosophy
20th Century Philosophy
Philosophy of the Americas
2 more
  • All publications (66)
  •  2
    Cass Sunstein, John Dewey and the Cost-Benefit State
    Soundings 93 (1-2): 95-116. 2010.
    Philosophy, MiscellaneousJohn Dewey
  •  84
    Reading Obama: Dreams, Hope, and the American Political Tradition (review)
    Education and Culture 28 (1): 87-90. 2012.
    Political TheoryHopePhilosophy of Education
  •  121
    Law’s Image of Pragmatism — Another Legal Fiction
    Contemporary Pragmatism 1 (1): 151-157. 2004.
    The Nature of Law and Legal SystemsAmerican Pragmatism
  •  1
    Taking Rorty's Liberal Ironist Seriously: A Portrait of the Circumscribed Poet
    Dissertation, The Claremont Graduate University. 1993.
    Richard Rorty believes that the combination of ironism and poetic impulse when attached to the public/private distinction, creates an opening for a type of liberalism that satisfies both the urge for individuality and the urge for solidarity. Rorty's antirealistic pragmatism leads to a society functioning very much like our own. This Dissertation dredges out some of the very contentious underlying assumptions of what Rorty feels is a philosophy-less vision. The ironic poet is Rorty's paradigm of…Read more
    Richard Rorty believes that the combination of ironism and poetic impulse when attached to the public/private distinction, creates an opening for a type of liberalism that satisfies both the urge for individuality and the urge for solidarity. Rorty's antirealistic pragmatism leads to a society functioning very much like our own. This Dissertation dredges out some of the very contentious underlying assumptions of what Rorty feels is a philosophy-less vision. The ironic poet is Rorty's paradigm of correct modern character. Portraying this poet clearly will bring out what a powerful and radical, yet paradoxically rigidly conservative, outlook he would have us adopt. ;The journey for the outlines of the poet's personality takes me through an investigation of Rorty's interest in Heidegger. While Heidegger's poet can be described in some way as a discoverer, Rorty's poet cannot. From these differing conceptions of the poet I jump to the is/ought distinction as characterized by Hume and reversed by Rorty. I argue that Rorty believes that a fact can only be found within an 'ought.' Utopianism becomes then the only legitimate hope for change. The poet becomes the ultimate option-creator. ;Next is examined Rorty's distinction between the private and public realms. The poet, in Rorty's conception, must speak and create within these two vastly divergent realms. Liberalism and its attendant base upon the isolated and transcendent individual becomes clearly to the forefront here as a grounding point. Habermas and Feyerabend are used to further characterize possible aspects of the poet. I characterize the ironist poet as a reluctant dadaist because of the limits the strong attachment to liberalism places upon him/her. ;Ultimately Rorty's central assumption that the public and private realms absolutely cannot be harmonized in one complete 'overlying' vision that does justice to both is critiqued and questioned. All of this leads to a portrait of a severely circumscribed poet.
    Richard Rorty
  •  19
    Neo-Neo-Classicism: the Artistic and Political Challenge of Ian Hamilton Finlay, Geometer
    Geometer. 2009.
  •  8
    Emilios Christodoulidis and Scott Veitch, Lethe's Law: Justice, Law and Ethics in Reconciliation Reviewed by
    Philosophy in Review 22 (4): 263-265. 2002.
    International EthicsPhilosophy of LawJustice, MiscSocial Ethics
  •  92
    All Rights Are Affirmative
    Radical Philosophy Review 4 (1-2): 95-101. 2001.
    Popular images of rights almost always emphasize their protective qualities. But who is really protected? In this paper it is argued that contemporary rights talk, because of faulty underlying assumptions, systematically favors prejudice and big property interests. Further, once the mistaken assumptions are surrendered, and it is realized that all rights are affirmative, a less systematically misleading debate can be created within the realm of rights discourse.
    RightsThe Nature of Law and Legal SystemsKant: Political PhilosophyContinental Philosophy
  • Nussbaum's Capabilities Approach: Political Criticism and the Burden of Proof
    International Journal of Politics and Ethics 1 (1): 71-86. 2001.
    Political TheorySocial and Political Philosophy, MiscellaneousJusticeEquality and Capabilities
  •  44
    Aesthetics and American Law
    Legal Studies Forum 1 203-220. 2003.
    The Nature of Law and Legal SystemsLegal Reasoning and Adjudication, Misc
  •  427
    Seeing Ecology and Seeing as Ecology: On Brereton's Hollywood Utopia and the Anderson's Moving Image Theory
    Film-Philosophy 11 (1): 61-69. 2007.
    Joseph D. Anderson & Barbara Fisher Anderson Moving Image Theory: Ecological ConsiderationsCarbondale: Southern Illinois University Press.ISBN 0 8093 2599 3253pp.Pat Brereton Hollywood Utopia: Ecology in Contemporary American CinemaBristol: Intellect.ISBN 1 84150117 4270pp.
    Film Theory, MiscPhilosophy, MiscellaneousEcology and Conservation BiologyEcology and Conservation B…Read more
    Film Theory, MiscPhilosophy, MiscellaneousEcology and Conservation BiologyEcology and Conservation Biology, Misc
  •  94
    Law as a Democratic Means: Deweyan Jurisprudence and Democratic Experimentalism
    Contemporary Pragmatism 9 (2): 241-254. 2012.
    DemocracyPhilosophy of Law
  •  150
    Democracy and Law: Situating Law within John Dewey's Democratic Vision
    Etica & Politica 12 (1): 256-280. 2010.
    In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey’s theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democ- ratic society. The paper will explore these implications through a comparison of Dewey’s claims with those of Richard Posner and Ronald Dworkin;…Read more
    In this paper I argue that John Dewey developed a philosophy of law that follows directly from his conception of democracy. Indeed, under Dewey’s theory an understanding of law can only follow from an accurate understanding of the social and political context within which it functions. This has important implications for the form law takes within democ- ratic society. The paper will explore these implications through a comparison of Dewey’s claims with those of Richard Posner and Ronald Dworkin; two other theorists that inti- mately link law and democracy. After outlining their theories I will use the recent United States Supreme Court case, Citizens United, to discuss how practitioners of the three theo- ries would decide a case that implicates both the rule of law and democratic procedures. In order to do this judges following each theory, “Dews, Dworks and Poses,” are imagined. Ul- timately this paper will show that drastically different results to Citizens United would fol- low. The (tentative) conclusion of the paper is that Dewey’s conception of the relationship between democracy and law is a superior option to either that of Dworkin or Posner.
    Political TheoryMixed Theories of LawSocial and Political Philosophy, MiscJohn DeweyDemocracy
  •  67
    There are Peoples and There are Peoples: A Critique of Rawls' Law of Peoples
    Florida Philosophical Review 1 (2): 1-24. 2001.
    In this paper, I aim to show that the arguments offered and conclusions at which Rawls aims in his book, The Law of Peoples, are telling as to the intellectual legitimacy of his larger theoretical project. To show this I first investigate how (1) non-liberal peoples fit within the limitations Rawls describes in The Law of Peoples and (2) how liberal peoples would react to such rules. I argue from the answers to these questions to the further conclusion that by spreading the principles and tools …Read more
    In this paper, I aim to show that the arguments offered and conclusions at which Rawls aims in his book, The Law of Peoples, are telling as to the intellectual legitimacy of his larger theoretical project. To show this I first investigate how (1) non-liberal peoples fit within the limitations Rawls describes in The Law of Peoples and (2) how liberal peoples would react to such rules. I argue from the answers to these questions to the further conclusion that by spreading the principles and tools of A Theory of Justice and Political Liberalism to the international realm some assumptions implicit in the earlier works come out more clearly. The final section of the paper analyzes some of the implications of the newly exposed assumptions for Rawls's project of liberal justice.
    States and Nations, MiscNationalismJohn RawlsPolitical Liberalism
  •  99
    Law, Pragmatism and Constitutional Interpretation: From Information Exclusion to Information Production
    Pragmatism Today 3 (1): 39-57. 2012.
    Through an analysis of the US Supreme Court's case Heller this paper argues that legal process can be pragmatically reconceptualized so as to create information necessary to decide complex social issues. This is in contrast to other more standard conceptions of law as more emphasizing what information ought to be excluded.
    Constitutional Interpretation
  •  1
    Vukan Kuic, Yves Simon: Real Democracy (review)
    Philosophy in Review 20 359-360. 2000.
    Political Theory
  • Oren Ben-Dor, Constitutional Limits and the Public Sphere (review)
    Philosophy in Review 22 92-94. 2002.
    Political Theory
  •  105
    From Social Contract Theory to Sociable Contract Theory
    Contemporary Pragmatism 11 (2): 1-17. 2014.
    Social Contract, Misc
  •  247
    Blackness is Noir: Flory's Philosophical Investigation of the Black Noir Genre in Film (review)
    Film-Philosophy 14 (1): 332-336. 2010.
    CinemaTopics in African-American Philosophy
  •  1
    Posner's Problem with Moral Philosophy
    The University of Chicago Law School Roundtable 7 325-343. 2000.
    Interpretivist Theories of Law
  • Is All Judicial Decision-Making Unavoidably Interpretive?
    Legal Studies Forum 3 315-329. 2001.
    Legal Reasoning and Adjudication, MiscInterpretivist Theories of Law
  •  90
    Sen’s The Idea of Justice: Back to the (Pragmatic) Future
    Contemporary Pragmatism 7 (2): 219-229. 2010.
    Sen argues that Rawls’ political theory suffers from the flaw of “institutional fundamentalism.” In response, he develops an alternate theory of justice that does not rely upon contractarian premises. I argue that Sen’s theory largely maps on to the insights of classic pragmatist thought. Further, the pragmatic tradition can help critique and supplement Sen’s project.
    The Nature of Justice
  •  34
    Law and economics
    Internet Encyclopedia of Philosophy. 2003.
    The Nature of Law and Legal SystemsIssues in the Philosophy of Economics
  •  138
    Dews, Dworks, and Poses Decide Lochner
    Contemporary Pragmatism 7 (2): 15-44. 2010.
    Lochner represents a crucial case in American constitutional law. An investigation of the decision highlights important philosophical aspects of the place of law in a democratic society. Analysis of contemporary stances on Lochner, the actual Lochner opinion (including the dissents by Harlan and Holmes) and how judges following the legal philosophies of John Dewey, Ronald Dworkin and Richard Posner (“Dews,” “Dworks,” and “Poses”) would have decided the case shows that Dewey’s theory of law and d…Read more
    Lochner represents a crucial case in American constitutional law. An investigation of the decision highlights important philosophical aspects of the place of law in a democratic society. Analysis of contemporary stances on Lochner, the actual Lochner opinion (including the dissents by Harlan and Holmes) and how judges following the legal philosophies of John Dewey, Ronald Dworkin and Richard Posner (“Dews,” “Dworks,” and “Poses”) would have decided the case shows that Dewey’s theory of law and democracy emerges as the most attractive alternative.
    Philosophy of LawThe Nature of Law and Legal Systems
  • Thoreau, Maine and Fourier: Three Versions of Autonomy
    Humanities in the South 87 40-55. 2001.
    Political TheoryAutonomy, Misc
  •  131
    Legal Pragmatism: Banal or Beneficial as a Jurisprudential Position?
    Essays in Philosophy 3 (2): 14. 2002.
    The Nature of Law and Legal Systems
  • Where Is the Civil in the Invisible Man's Disobedience?
    In Harold Bloom Blake Hobby (ed.), Bloom's Literary Themes: Civil Disobedience, . 2010.
    Political TheoryThe Basis of Rights, Misc
  •  22
    Philosophical Pragmatism and International Relations: Essays for a Bold New World
    with Matthew J. Brown, Phillip Deen, Loren Goldman, John Kaag, John Ryder, Patricia Shields, Joseph Soeters, and Eric Thomas Weber
    Lexington Books. 2013.
    Philosophical Pragmatism and International Relations bridges the gap between philosophical pragmatism and international relations, two disciplinary perspectives that together shed light on how to advance the study and conduct of foreign affairs. Authors in this collection discuss a broad range of issues, from policy relevance to peacekeeping operations, with an eye to understanding how this distinctly American philosophy, pragmatism, can improve both international relations research and foreign …Read more
    Philosophical Pragmatism and International Relations bridges the gap between philosophical pragmatism and international relations, two disciplinary perspectives that together shed light on how to advance the study and conduct of foreign affairs. Authors in this collection discuss a broad range of issues, from policy relevance to peacekeeping operations, with an eye to understanding how this distinctly American philosophy, pragmatism, can improve both international relations research and foreign policy practice.
  •  75
    Guest Editor’s Introduction
    Contemporary Pragmatism 9 (2): 1-4. 2012.
  •  32
    Book Review of Reading Obama: Dreams, Hope, and the American Political Tradition (review)
    Education and Culture 28 (1): 9. 2012.
    James Kloppenberg's Reading Obama is a breathless account of Barack Obama's intellectual heritage. While a great survey of American political history and thought, and laudable in its advocacy of a sophisticated civic republicanism informed by philosophical pragmatism as filtered though Rawls, it is difficult to identify its chosen audience. Further, many of the claims made in the book are less than fully supported in relationship to Obama's current political actions.
    Philosophy of Education
  •  2
    Constructing a Pragmatic Conception of Human Rights: The Contribution of T.H. Green
    Review Journal of Political Philosophy 7 (2): 103-121. 2009.
    Political TheoryHuman Rights
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