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Part 20 claim

Subject: Law

A claim other than a claim by the claimant against the defendant. It includes (1) a counterclaim by the defendant against the claimant; (2) a counterclaim by the defendant against a third ...

Weitz, Morris

Weitz, Morris (1916–1981)   Reference library

Aili Bresnahan

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
1,664 words

...truth claims, Weitz holds that works of literature can also have second-order “depth meanings,” by which he means that they contain meanings that imply the truth of claims not explicitly stated. An example he gives is Richard Wright’s novel, Native Son , which, despite the absence of explicit statement, can be interpreted to make claims that can be proven either true or false, such as claims about the capacity of the modern man to make free choices that are not destructive. Nonlinguistic arts such as painting, Weitz claims, can also make truth claims, but...

Habermas, Jürgen

Habermas, Jürgen (b. 1929)   Reference library

Nikolas Kompridis

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
4,301 words

...claim is equivalent to the assertion that the conditions for the validity of an utterance have been fulfilled” (Habermas, 1984 , p. 38). As such, any validity claim admits of criticism, of yes/no positions that affirm or deny its validity. The construction of the system of validity claims owes a good deal to speech act theory. Each of the basic validity claims has corresponding types of speech acts in which it is couched—constative speech acts for truth claims, regulative speech acts for rightness claims, and expressive speech acts for authenticity claims....

Dryden, John

Dryden, John (1631–1700)   Reference library

Cedric D. Reverand II

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
2,051 words

...of rhyme to blank verse, disputed the Aristotelian truism that drama was mimetic, and questioned the utility of the classical unities of time, place, and action, claiming that they could “raise perfection higher where it is,” but that they were “not sufficient to give it where it is not” (actually, it was Dryden who first used the phrase “the three unities” in English). These views were not part of a systematic analysis but rather a response to the specific circumstances in the English playhouse. Since he was attempting to revive drama after the...

Moral Rights of Art

Moral Rights of Art   Reference library

Ronald Moore and Peter H. Karlen

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
7,776 words

...In Shostakovich v. 20th Century-Fox Film Corp . 196 Misc. 67, 80 N.Y.S.2d 575 (Sup. Ct. 1948 ), aff’d , 275 App. Div. 692, 87 N.Y.S. 2d 430 (1st Dept. 1949 ), the Russian composer brought an unsuccessful suit in New York on the claim that his music had been wrongfully used in an anti-Communist film. The opposite result was obtained in France in Soc. Le Chant du Monde c. Soc. Fox Europe et Fox Americaine Twentieth Century [ 1954 ] D. Jur. 16, 80 (Cour d’ Appel, Paris), in which the composer was successful in making similar claims regarding his music...

Evaluation

Evaluation   Reference library

George Dickie and Barbara Herrnstein Smith

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
5,825 words

...discussions of the logical or epistemic status of value judgments (for example, whether or not they are propositional statements or can claim objective validity), distinctions are recurrently drawn between two putatively discrete and opposed types of evaluative utterance. One type, exemplified by “I like it,” is said to claim only personal, subjective validity; the other type, exemplified by “It is beautiful,” is said to claim objective validity. These distinctions and contrasts, however, do little to explain the differential communicative effects and interest...

Dahlhaus, Carl

Dahlhaus, Carl (1928–1989)   Reference library

Jonathan A. Neufeld

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
1,306 words

...we do not deny its extrinsic or intrinsic distance from us, but instead make this distance part of the process of perceiving the material in the context of the present as opposed to viewing it from a detached historical standpoint” (Dahlhaus, 1983, Foundations , pp. 4–5). The “historical hermeneuticist,” then, is inescapably embedded in a tradition and bound to aesthetic judgment. Second, Dahlhaus defended an “autonomy principle” where he claimed to show a history of music rooted in “the rigorous ideas of formalism” (Dahlhaus, 1983, Foundations ,...

Empathy

Empathy   Reference library

Elisa Galgut

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,529 words

...but claims that it occurs later to modify the affective appraisal. Robinson asserts that “the basic emotional process of appraisal and reappraisal is common to our experience of both art and life” ( Robinson, 2004 , p. 156), although she does think that the formal elements of works of art regulate our responses in a way different from real life. Since Robinson denies the cognitive theory of emotions, the lack of a belief in the existence of fictional characters does not pose a problem for her. Robinson claims, on the contrary, that it is in part because...

Theory, History of

Theory, History of   Reference library

David H. Fisher

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
5,355 words

...of living, sensuous men who suffer, and true thinking is a form of practice, not contemplation at a distance. These extraordinary, albeit different, claims for the power of theory in Hegel and Marx failed to be realized in the twentieth century. Hegel’s vision of theory achieving a comprehensive grasp of the “objective spirit” of an age, manifest in a unified, common culture has been rendered problematic in part by the development of a global, multicultural society, fragmented into distinctive cultural identities based on nation, language, race, religion, and...

Simmel, Georg

Simmel, Georg (1858–1918)   Reference library

Monika Betzler

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,587 words

...can only realize itself in forms that limit its liberty. Simmel’s analysis of various artists serves to show that they can overcome that conflict. As one of the first gender theorists, Simmel also analyzes culture in the light of gender difference. In “Female Culture” (1902), he claims that culture is not gender neutral but male, because it is defined by male forms of productivity. The lack of female cultural products is the result of the fact that female creativity does not match the existing male cultural forms. In most of women’s cultural products Simmel...

Baudrillard, Jean

Baudrillard, Jean (1929–2007)   Reference library

Douglas Kellner

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,520 words

...with spectacular museum and gallery exhibits, record prices for artworks at auctions, and a growing apparatus of publicity and discourse. Critics and the art audience are part of this conspiracy, because they play along, exhibiting interest in every new banality, insignificant new work or artist, and repetition of the past, thus participating in the fraud. Now obviously, to make these claims, Baudrillard is operating with a very extravagant notion of what art should be, and in his very assaults on art collected in The Conspiracy of Art ( 2005 ), there are...

Steinberg, Leo

Steinberg, Leo (1920–2011)   Reference library

Michael Hill

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,742 words

...of critical relativity came also the admission of the historical contingency of value. Steinberg later disowned “Twin Prongs” as pretentious. The revised follow-up of 1953 , “The Eye Is a Part of the Mind,” was mostly emptied of theoretical assertions except for one, the claim that nature can be apprehended only when the mind has already recognized it as part of reality. Steinberg argued that eyes automatically situate perceived data, whether from the world beyond or the pictorial surface near at hand, into the metaphorical fabric of thought. Pure...

Kant, Immanuel

Kant, Immanuel   Reference library

Paul Guyer, Salim Kemal, Kenneth R. Westphal, Theodore A. Gracyk, Günter Zöller, Mark A. Cheetham, Rudolf A. Makkreel, Jane Kneller, and Thierry de Duve

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
37,390 words
Illustration(s):
1

...Kant claims that a judgment of beauty possesses “exemplary necessity,” or claims necessity of agreement in response to a particular object (exemplar), not in response to any determinate class of objects under any formulable rule (section 18). Here he also emphasizes that our judgments of beauty are always “conditional” rather than certain (section 19), even though we do suppose that they have a basis in shared cognitive faculties or a sensus communis (sections 20–21). There are many obscurities and confusions in Kant’s exposition: notably, the claim that...

Aestheticism

Aestheticism   Reference library

Linda Dowling and Michalle Gal

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
8,688 words

...is always right…is held to be part of our moral being” ( 1977 , Gentle Art , p. 143). Though Wilde claims in The Critic as Artist that “all art is immoral,” aestheticism actually defines art, and the critical spirit that motivates it, as amoral . Wilde affirms: “Art is out of the reach of morals, for her eyes are fixed upon things beautiful and immortal and ever-changing.” While moralism and didactism pull art down to lower cultural spheres, “all good work aims at a purely artistic effect” ( 1995 , The Uncollected , p. 20). Moreover, Wilde states that,...

Bourgeois, Louise

Bourgeois, Louise (1911–2010)   Reference library

Mignon Nixon

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
4,523 words
Illustration(s):
1

...The Return of the Repressed—Psychoanalytic Writings . London: Violette Editions, 2012. Lippard, Lucy R. “Eccentric Abstraction.” Art International 10 (20 November 1966): 28, 34–40. Lippard, Lucy R. “Louise Bourgeois: From the Inside Out.” In From the Center: Feminist Essays on Women’s Art , by Lucy Lippard , pp. 238–249. New York: Dutton, 1976. Molesworth, Helen , ed. Part Object/Part Sculpture . Columbus, Ohio: Wexner Center for the Arts, 2005. Morris, Frances , ed. Louise Bourgeois . London: Tate Modern, 2007. Nixon, Mignon . “Bad Enough...

Gift

Gift   Reference library

Dirk Quadflieg

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,802 words
Illustration(s):
1

...division of tribal societies, in particular, Marcel Hénaff’s ( 2010 ) more recent account stresses the strange mutuality at the interpersonal level of gift giving. If the obligation derives from the fact that persons give a part of themselves, this personal involvement can never be properly equalized by a countergift, for to give a part of oneself in return only adds, in the opposite direction, another personal debt that cannot be repaid. Hence, gift and countergift establish an alternating asymmetrical reciprocity. In Hénaff’s interpersonal approach the act...

Artifact

Artifact   Reference library

Randall Dipert

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
2,359 words

...antithetical to the strict philosophical sense. The artistic usage of artifact suggests that it is an object (or event) that is a product of human thought or feelings, and that then evokes in others thoughts or feelings. The first part of this definition—namely, being a product of human thought and feelings—is an essential part of virtually all current notions of “artistic” artifacts, and of artworks. This distinguishes such entities from purely natural objects and events. Not even interpretative radicals such as Jacques Derrida seem equally interested in...

Copyright

Copyright   Reference library

Darren Hudson Hick

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
2,884 words

...of oneself that seeks to transcend its subjective nature—to give itself objective reality by claiming the external world as its own. Personality thus represents the will’s struggle to actualize itself. By physically seizing some part of the world, by imposing a form on it, or by otherwise marking the object, the will occupies it, and so the object becomes a part of the individual’s personality (albeit an external part). As society accepts the individual’s claim, possession becomes property, and ownership is maintained for as long as the will manifests...

Hegel, Georg Wilhelm Friedrich

Hegel, Georg Wilhelm Friedrich   Reference library

Stephen Houlgate, Martin Donougho, and Fred Rush

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
11,081 words

...and Derridean deconstruction—been developed in response to Hegel’s thought (or in response to what was perceived to be “Hegelian” thought), but many of Hegel’s own claims (for example, that human civilization develops historically, that philosophy is its own time comprehended in thought, and that the modern age is defined by the demand for freedom) have become a familiar part of the common stock of modern ideas. Hegel’s thoughts on art and beauty are no exception in this regard. Many of the most important aesthetic theorists of the twentieth...

Pastiche

Pastiche   Reference library

Peg Zeglin Brand

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
1,900 words

...(including college students) who borrow frequently and without citing sources are guilty of plagiarism, that is, “passing off someone else’s words or ideas as one’s own”; they unethically appropriate intellectual property and then later, as artists, simply (and often insincerely) claim it as pastiche or “as an homage to a particular artist or mentor” ( Mullin, 2009 ). But pastiche has its champions as well. Filmmaker Jean-Luc Godard was known for having referred back to the genre of film noir and also for paying tribute to François Truffaut in his 1966 film ...

Marx, Karl Heinrich

Marx, Karl Heinrich (1818–1883)   Reference library

Stewart Martin

Encyclopedia of Aesthetics (2 ed.)

Reference type:
Subject Reference
Current Version:
2014
Subject:
Art & Architecture, Philosophy
Length:
3,600 words

...Left Hegelians both effectively treat consciousness as real or determining reality. This criticism of idealism (Hegel) was extended to its ironic persistence in the critics of idealism (Left Hegelians such as Bauer and Max Stirner) who claimed that the very criticism of ideas changed reality. Instead, Marx and Engels claimed that ideas or consciousness are the product of a reality that should be grasped as the practical process of producing and reproducing human life. Changing reality, as well as changing consciousness, therefore required practical change,...

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