According to conventional wisdom in American legal culture, the 1870s to 1920s was the age of legal formalism, when judges believed that the law was autonomous and logically ordered, and that they mechanically deduced right answers in cases. In the 1920s and 1930s, the story continues, the legal realists discredited this view by demonstrating that the law is marked by gaps and contradictions, arguing that judges construct legal justifications to support desired outcomes. This often-repeated historical account is virtually taken for granted today, and continues to shape understandings about judging. In this groundbreaking book, esteemed legal theorist Brian Tamanaha thoroughly debunks the formalist-realist divide. Drawing from extensive research into the writings of judges and scholars, Tamanaha shows how, over the past century and a half, jurists have regularly expressed a balanced view of judging that acknowledges the limitations of law and of judges, yet recognizes that judges can and do render rule-bound decisions. He reveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. Beyond the Formalist-Realist Divide traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists. Recovering a balanced realism about judging, this book fundamentally rewrites legal history and offers a fresh perspective for theorists, judges, and practitioners of law.

A fresh contribution to the ongoing debate between Kunstwissenschaft (scientific study of art) and Kunstgeschichte (art history), this essay collection explores how German-speaking art historians of the late nineteenth and early twentieth century self-consciously generated a field of study. Prominent North American and European scholars provide new insights into how a mixing of diverse methodologies took place, in order to gain a more subtle and comprehensive understanding of how art history became institutionalized and legitimized in Germany. One common assumption about early art-historical writing in Germany is that it depended upon a simplistic and narrowly-defined formalism. This book helps to correct this stereotype by demonstrating the complexity of discussion surrounding formalist concerns, and by examining how German-speaking art historians borrowed, incorporated, stole, and made analogies with concepts from the sciences in formulating their methods. In focusing on the work of some of the well-known 'fathers' of the discipline - such as Alois Riegl and Heinrich W?lfflin - as well as on lesser-known figures, the essays in this volume provide illuminating, and sometimes surprising, treatments of art history's prior and understudied interactions with a wide range of scientific orientations, from psychology, sociology, and physiognomics to evolutionism and comparative anatomy.

Initially proposed as rivals of classical logic, alternative logics have become increasingly important in areas such as computer science and artificial intelligence. Fuzzy logic, in particular, has motivated major technological developments in recent years. Susan Haack's Deviant Logic provided the first extended examination of the philosophical consequences of alternative logics. In this new volume, Haack includes the complete text of Deviant Logic, as well as five additional papers that expand and update it. Two of these essays critique fuzzy logic, while three augment Deviant Logic's treatment of deduction and logical truth. Haack also provides an extensive new foreword, brief introductions to the new essays, and an updated bibliography of recent work in these areas. Deviant Logic, Fuzzy Logic will be indispensable to students of philosophy, philosophy of science, linguistics, mathematics, and computer science, and will also prove invaluable to experienced scholars working in these fields.

Rosalind Krauss is, without visible rival, the most influential American art writer since Clement Greenberg. Together with her colleagues at ^IOctober^R, the journal she co-founded, she has played a key role in the introduction of French theory into the American art world. In the 1960s, though first a follower of Greenberg, she was inspired by her readings of French structuralist and post-structuralist materials, revolted against her mentor's formalism, and developed a succession of radically original styles of art history writing. Offering a complete survey of her career and work, ^IRosalind Krauss and American Philosophical Art Criticism: From Formalism to Beyond Postmodernism^R comprises the first book-length study of its subject. Written in the lucid style of analytic philosophy, this accessible commentary offers a consideration of her arguments as well as discussions of alternative positions. Tracing Krauss's development in this way provides the best method of understanding the changing styles of American art criticism from the 1960s through the present, and thus provides an invaluable source of historical and aesthetic knowledge for artists and art scholars alike.

A unique examination of the software development process, arguing that it must undergo a fundamental re-examination of its guiding principles in order for significant progress to take place.