William E Conklin
Biographic Data
| ID | 2377964 |
|---|---|
| NAME | William E Conklin |
| GIVEN NAMES | William E |
| FAMILY NAME | Conklin |
| SIGNATURE | CONKLIN W E |
| AFFILIATIONS | University of Windsor |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 15 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1975 |
| LATEST PUBLICATION YEAR | 2016 |
| H-INDEX | 1 |
Derrida’s Kafka and the Imagined Boundary of Legal Knowledge
This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is …
The Peremptory Norms of the International Community
Alexander Orakhelashvili has generously responded to my The Peremptory Norms of the International Community with an understanding which requires clarification on my part. On the one hand, consistently with my argument, he urges the departure from the cut and paste repetition of the sources of Such sources offer an ordinary, or mainline, justification which is insufficient or irrelevant to justify peremptory norms. On the other hand, he insists th…
The Peremptory Norms of the International Community
This article claims that the quest for the identity of peremptory norms in terms of sources is misdirected. Instead of the identity of a discrete rule or right of international law, one needs to examine why a peremptory norm is binding. The latter issue addresses the referent of the identity issue: namely, the international community as a whole. Various significations of the latter are recognized and found wanting. The article examines three gene…
The Ghosts of Cemetery Road
Taking an example of two indigenous women from my early 19th century family, this article examines why they were forgotten after their deaths. The article connects this forgotten phenomenon with the preoccupation of analytical jurisprudence and legal analysis with concepts. When the tradition of Analytical Jurisprudence has identified a law as if emptied of social relationships, experiential knowledge cannot be accessed. Experiential knowledge dr…
The Myth of Primordialism in Cicero's Theory of Jus Gentium
After setting out the importance of the notion of an international community in contemporary treaties, International Court of Justice judgments and opinio juris , this paper claims that we need to turn to Cicero's works in order to appreciate a sense of what an international community is. Cicero was the first jurist known to recognize and elaborate a theory of the international community and this through his concept of jus gentium . Cicero's theo…
Hegel's Laws
This book serves as an introduction to Hegel's ideas on the nature of law. It examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionali…
Statelessness and Bernhard Waldenfels' Phenomenology of the Alien
This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric internation…
The Trap
The invisible author of legal authority
The trace of legal idealism in Derrida's grammatology
Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposit…
Teaching Critically within a Modern Legal Genre
This paper argues that the effort to teach law critically from the external viewpoint reinforces the ideological and social function of a professional law school in a modern state. One should realize that law is a language, a secondary language that conceals suffering as it parasitically assimilates all primary discourses. The professional law school of a modern state aids in the production of such concealment. Examples are offered from different…
Images of a Constitution
The Practice of Freedom
In Defence of Fundamental Rights
Pickin and Its Applicability to Canada
Teaching Critically within a Modern Legal Genre
This paper argues that the effort to teach law critically from the external viewpoint reinforces the ideological and social function of a professional law school in a modern state. One should realize that law is a language, a secondary language that conceals suffering as it parasitically assimilates all primary discourses. The professional law school of a modern state aids in the production of such concealment. Examples are offered from different…
The Trap
Pickin and Its Applicability to Canada
In Defence of Fundamental Rights
The Practice of Freedom
Images of a Constitution
Teaching Critically within a Modern Legal Genre
This paper argues that the effort to teach law critically from the external viewpoint reinforces the ideological and social function of a professional law school in a modern state. One should realize that law is a language, a secondary language that conceals suffering as it parasitically assimilates all primary discourses. The professional law school of a modern state aids in the production of such concealment. Examples are offered from different…
The invisible author of legal authority
The trace of legal idealism in Derrida's grammatology
Against a background of Heidegger's project of tracing the other back through the history of metaphysics, Derrida attempts to think the other as outside of identity or presencing philosophy. The other is neither present nor absent. The other is differance with an 'a'. In his important essay 'Differance', Derrida suggests that whereas difference presupposes identity, differance with an 'a' is a 'middle voice' which precedes and sets up the opposit…
The Trap
Statelessness and Bernhard Waldenfels' Phenomenology of the Alien
This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric internation…
Hegel's Laws
This book serves as an introduction to Hegel's ideas on the nature of law. It examines whether state-centric domestic and international laws are binding upon autonomous individuals. The author also explores why Hegel assumes that this arrangement is more civilized than living in a stateless culture. The book takes the reader through different structures of legal consciousness, from the private law of property, contract, and crimes to intentionali…
The Myth of Primordialism in Cicero's Theory of Jus Gentium
After setting out the importance of the notion of an international community in contemporary treaties, International Court of Justice judgments and opinio juris , this paper claims that we need to turn to Cicero's works in order to appreciate a sense of what an international community is. Cicero was the first jurist known to recognize and elaborate a theory of the international community and this through his concept of jus gentium . Cicero's theo…
The Ghosts of Cemetery Road
Taking an example of two indigenous women from my early 19th century family, this article examines why they were forgotten after their deaths. The article connects this forgotten phenomenon with the preoccupation of analytical jurisprudence and legal analysis with concepts. When the tradition of Analytical Jurisprudence has identified a law as if emptied of social relationships, experiential knowledge cannot be accessed. Experiential knowledge dr…
The Peremptory Norms of the International Community
Alexander Orakhelashvili has generously responded to my The Peremptory Norms of the International Community with an understanding which requires clarification on my part. On the one hand, consistently with my argument, he urges the departure from the cut and paste repetition of the sources of Such sources offer an ordinary, or mainline, justification which is insufficient or irrelevant to justify peremptory norms. On the other hand, he insists th…
The Peremptory Norms of the International Community
This article claims that the quest for the identity of peremptory norms in terms of sources is misdirected. Instead of the identity of a discrete rule or right of international law, one needs to examine why a peremptory norm is binding. The latter issue addresses the referent of the identity issue: namely, the international community as a whole. Various significations of the latter are recognized and found wanting. The article examines three gene…
Derrida’s Kafka and the Imagined Boundary of Legal Knowledge
This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is …
Political science (14 works) · Law (11 works) · Law (10 works) · Sociology (10 works) · Philosophy (8 works) · Epistemology (7 works) · Philosophy (7 works) · Law and economics (6 works) · Computer Science (5 works) · Law in Society and Culture (5 works)