This chapter contains sections titled: Introduction ANT, After‐ANT, and Educational Reform Network Readings and Educational Reform A First Reading of Reform: Extending the Network Re‐thinking the Reading: Centrality and Otherness A Second Reading: Mobilizing and Sustaining Reform Re‐reading Reform: Fluid Spaces and Ambivalent Belongings Conclusion Notes References.

Hegel’s ‘Natural Law’ essay is widely discussed but its substance and the implications of its argument are misunderstood. Hegel’s essay is most often read via other philosophers. Interpretations of this kind are useful but only illuminate those parts of Hegel’s text that intersect with other philosophers’ concerns. This article takes a different approach by focusing on the entirety of the essay and exploring the implications of its two primary arguments: firstly, that there has been a breach between philosophy and natural (...) law; secondly, that without philosophy natural law is thrown back on its own resources, producing two schools of post-philosophical thought—empiricism and formalism—neither of which is adequate to serve as its foundation. I argue that in response to this inadequacy Hegel sublates empiricism and formalism to develop undistorted intuition as a way of thinking designed to effect the re-philosophization of natural law. (shrink)

Health professionals do not always have the luxury of making “right” choices. This article introduces the “devil's choice” as a metaphor to describe medical choices that arise in circumstances where all the available options are both unwanted and perverse. Using the devil's choice, the paper criticizes the principle of double effect and provides a re-interpretation of the conventional legal and ethical account of symptom relief in palliative care.

In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...) decisively laid to rest a longstanding puzzle about why, within criminal law theory, the principles underlying criminalisation had received relatively little attention as compared with those underlying, most obviously, criminal responsibility. (shrink)

For Whitehead and Nishitani, a rethinking of religion necessitates a rethinking of the metaphysics that underlie one’s concept of religion. The dynamism of religion is unveiled only within the metaphysical grounding of an ontology that accommodates the philosophical preference of “becoming” as an ultimate category of reality. The novelty of Whitehead’s theory of religion lies in the process metaphysics that it presupposes. For him, religion, like the whole of reality, is inherently developing and evolving. What Nishitani offers is a rethinking (...) of Western understanding of religion by way of an Asian speculative approach grounded in Zen Buddhism. He argues that Western religion, particularly Christianity and Judaism, has succumbed to the modern predicament of nihilism, or relative nothingness. He radicalizes this same nihility towards absolute nothingness (śūnyatā). For both Whitehead and Nishitani, despite the distortion of religion by religious fundamentalists, genuine religion consolidates and points a society towards its real destiny. However, the realization of religion’s role necessitates reflexivity on its own inherent dynamism. (shrink)

Canadian novelist Rudy Wiebe's award-winning memoir, of this earth: A Mennonite Boyhood in the Boreal Forest, invites readers into a warm subjective realm in which a meditative Wiebe recounts his growing-up years from birth to age thirteen. As self-reflexive "rememberer," Wiebe explores the sensate freshness of a boy's ways of seeing, touching, and, not least, hearing the world. The young Wiebe lives with his parents and siblings and neighbours in an emotionally warm Christian community of 1920s immigrants to Canada (...) who have fled from the Soviet Union in the wake of the 1917 Revolution and who struggle for economic survival in a remote corner of rural Saskatchewan during the 1930s and 1940s. But Wiebe's memoir of childhood is not only autobiography and social history; it is also a linguistic text that subtly invites readers to look beyond its textual boundaries to his earlier work. In particular, it has the effect of carrying alert readers back to the setting—at least physically and geographically if not altogether socially and culturally—of Wiebe's first novel, Peace Shall Destroy Many. That early novel was a caustic work notoriously controversial especially among Mennonite readers in Canada when it appeared almost a half-century ago. The 2006 memoir—with intertextual allusion—invites readers to recall especially one layer of that early novel barely noticed by readers, a layer eclipsed and partially hidden by the dominant narrative. Specifically, it invites readers to see the virtually sinless and prelapsarian world of the idealistic young Hal Wiens whose idyllic life in the fictional spaces of Peace Shall Destroy Many goes unnoticed because it is so very much in the shadow of the doubts and tensions that inform the much larger world of his spiritually troubled older brother, nineteen-year old Thom Wiens. The memoir pushes readers into re-thinking the reception of that novel, and into finding anew beneath its severe and satiric treatment of the austere adult world the linguistic and spiritual joy of life given shape in the playful perceptions of the young Hal. The memoir becomes a stimulus for a transformational re-reading of the novel. This essay explores the two works in light of each other and of conventions that govern the two respective genres. It attempts, also, to account for the reading strategies that Wiebe's 2006 memoir proposes to readers of his first novel, and for key influences informing the two respective works. (shrink)

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...) reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

We live in a period of enormous contradictions, so well reflected in social life as well as in legal discourse. A pluralistic society as diverse as India in this age of globalization is a challenge to both the lawmakers and the courts, with new problems emerging in new avatars with alarming consistency. In the last six decades or so, Constitutional democracy has witnessed some of the unprecedented upheavals both in the social and political life of the nation as well as (...) in the arena of life. Laws have been enacted to deal with emerging problems. Courts have been innovative, and exemplary as regards their judicial courage and craft to uphold rule of law and democracy in a country of billion hopes and aspirations. The present book is an ensemble of contributions from young legal scholars from some of the major legal institutions of India. The topics discussed are contemporary and address some of the challenging and emerging problematic areas of law. (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

In 1998 the Council of Europe's Framework Convention for the Protection of National Minorities will come into force. But this treaty will only achieve its potential as the centrepiece of ethnic and cultural rights in Europe if the narrow, biased perspective held by many of the state parties can be overcome. This article argues that a just and workable approach to ethnic rights should be informed by contemporary socio-anthropological understandings of ethnicity and culture. When this understanding is considered within the (...) liberal philosophical foundations of the European human rights system, a universal right to ethnic identity emerges. It is thus apparent that immigrant minorities, often excluded from the development of minority rights in international law, have an equal claim to the benefits of the Framework Convention. There is, moreover, a strong argument that ethnic minority rights must involve some measure of long term, positive support for minority languages and traditions. (shrink)

Jonathan Edwards′ New England theology has a great deal more to say that is of contemporary doctrinal interest than it is often credited with, particularly as it relates to the doctrine of atonement. This article explores several anomalous claims made be this 18th and 19th century tradition, and in this way, challenges the recent and growing consensus that Edwards espoused the penal substitution model and his successors a moral government model. I argue that of all that is yet to be (...) considered about their doctrine of atonement, we ought to begin with those claims made about the nature and demands of divine justice. (shrink)

Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such as our (...) own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism—namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)—this train of reflection diagnoses briefly a sequence of complementary main difficulties (as «obstacles» to recognising Law’s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law’s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory by Petar PopovicPius Pietrzyk O.P.Natural Law and Thomistic Juridical Realism: Prospects for a Dialogue with Contemporary Legal Theory. By Petar Popovic. Foreword by F. Russell Hittinger. Washington, D.C.: The Catholic University of America Press, 2022. Pp. xv + 307. $75.00 (hardcover). ISBN: 978-0-8132-3550-9.About a decade ago the former Cardinal Archbishop of Chicago, H. E. (...) Francis Cardinal George, one of the great theologian bishops of the American episcopate, issued a letter on a piece of pending legislation in the state of Illinois. The focus of the letter was on the teaching of the natural law, and why adherence to the natural law required opposition to the proposed legislation. In response, a well-known law professor at a prestigious secular [End Page 710] law school in the state wrote a public response for an online political website. The focus of his argument was to criticize the notion of natural law according to his understanding of the teaching of St. Thomas Aquinas. It is not necessary to describe the details of his argument, other than to say it tended to understand natural law as mere naturalism that evinced a fairly glaring misreading of the Angelic Doctor. That is, the secular legal scholar argued, in essence, that since the activity in question was observable by animals in nature, that it was therefore part of the natural law, and could be defended as a right. To this, a Thomistic sed contra is perhaps the most fitting response.As this story makes clear, there is a great ignorance of what constitutes the natural law in the secular consciousness, even among the most respected of secular legal scholars, to say nothing of the application of the natural law to the juridic world of law and politics. Perhaps the last hurrah of natural law, at least in the American public consciousness, was then Sen. Joseph Biden’s famous grilling of Supreme Court nominee Clarence Thomas on the subject in 1991. Since then, legal positivism has become nearly universal, divorcing legal norms from any realistic understanding of a common human nature. It has become the dominant ideology in America’s legal academies, even if some adherents of natural law remain in positions of authority in the judicial system.Although it has faded from the world of secular law in the United States, the tradition of natural law has retained a firm hold in Catholic thought, especially by that religious order dedicated to the teachings of its most brilliant adherent, St. Thomas. Not only Thomistic natural law, but proponents of the so-called new natural law continue to provide a vibrant source of debate and insight into the understanding of the natural law in evaluating the goodness of human action. Pope John Paul II’s famous encyclical Veritatis Splendor represents the magisterial commitment to the natural law approach in moral thinking, even if some might believe that commitment has weakened in recent years.To a lesser degree, there has remained a strong current of natural law thinking within the currents of legal philosophy in canon law, even if the precise connection between natural law and its juridic instantiation has not always been the focus. Among recent ecclesiastical legal theorists, arguably the most influential proponent of a robust natural law approach to legal philosophy was the Spanish canonist Javier Hervada Xiberta, and especially his Introducción crítica al derecho natural, currently in its tenth Spanish edition. A disciple of Jose Maria Escriva’s Opus Dei movement, Hervada was a long-serving and internationally respected dean of the School of Law in Navarre. Through his teaching and the various journals he founded, he insisted on the link between law and justice—lex and ius. Hervada was firmly convinced of the realism of law: law is nothing less than the ipsa res iusta. That notion of ius was not simply an idea, but recognized a real relationship of debt and obligation between persons. [End Page 711]In this, Hervada saw himself as the proponent not of some novel theory, but merely of one... (shrink)

The unity of science movement was itself far from unified. There may have been unity on the rallying call for a unity of science but that is as far as it went. Not only was there disagreement among the main protagonists on what was meant by the unity of science, but also on how to achieve it. In this paper I shall deal with Edgar Zilsel’s (1891-1944) conception. It represents an interesting break with the more programmatic approaches of Carnap, Neurath; (...) Zilsel emphasizes the need for an empirical demonstration of the unity of science, which has interesting meta-philosophical implications. The unity of science is not just central to his research programme; it is what constitutes the latter’s unifying principle, although this is far from evident if one takes a look at the historical essays he published in exile in the USA during the 1940s. (These important essays on the emergence of science, well known among historians of early modern science, have given rise to the so-called Zilsel Thesis, which holds that modern science came into being when, between 1300 and 1600, the social barriers between those who ‘labored with there minds and tongues’, i.e. the university scholars and the humanists, and those who ‘worked with their hands’, i.e the superior artisans, eroded because of the rise of free-enterprise capitalism.) But simultaneously, he also published a couple of smaller and far less known essays, directed against Southwest-German Neo-Kantianism (Rickert, Windelband), Dilthey’s philosophy of life, and interpretative sociology (Max Weber, W. Sombart, G. Simmel, R. Stammler, Alfred Weber, etc.). His main argumentwas that philosophers of cultural science and the humanities had a falseunderstanding of natural science. Because of this false understanding, they erroneously postulated a fundamental methodological difference between the natural sciences and the human sciences. According to Zilsel, this difference does not exist. In his view the historian is basically confronted with the same problems as the natural scientist. If the science of history is not compared with classical mechanics but with, for example, geophysics – that is, “the physics of earthquakes, sea-currents, volcanology, and meteorology” – one will arrive at the conclusion “that historical phenomena are hardly more difficult to predict than the weather, and certainly no more difficult than earthquakes and volcanic eruptions. What would scientists think of a geophysicist who abandoned the search for geophysical laws because of their inexactness? ” (SOMS: 202). (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

This essay on the social history of logic instruction considers the programmatic writings of Carnap/Neurath, but especially in the widely read book by Lillian Lieber, Mits, Wits and Logic, where Mits is the man in the street and Wits the woman in the street. In the ‘pre-Toulmin’ days it was seriously argued that the intense study of formal logic would create a more rational frame of mind and have many beneficial effects upon the social and political life. It arose from (...) the conviction that most metaphysical conundrums, religious and political problems and even fanaticism had their root in the irrationality of ordinary discourse, which had to be replaced by the more logical ‘ideal language’ of Principia Mathematica. The enthusiastic promotion of formal logic occurred at a time when it was widely thought that minds could be ‘made over’, ‘reprogrammed’ by proper intervention. This stands in stark contrast to the motivation for teaching informal logic and critical thinking, as it becomes apparent in a 1981 exchange between Ralph Johnson and Gerald Massey in Teaching Philosophy. Most of this essay focuses on Lillian Lieber, an earnest and enthusiastic advocate of the cause of formal logic, and on the reasons for the widespread conviction that, for the sake of peace and social harmony, formal logic should, if possible, be taught to every man, woman and child. (shrink)

Although many still see Derrida as a thinker opposed to a unified systematic meaning, there has recently been growing recognition that Derrida, in his later years, suggested that his work is not averse to formalisation. In support of this view, this paper points out that, in 1990, Derrida himself told us that his first work of 1954 reveals a “law” which impels his career, and that some responses had arisen even there. Some benefits of adopting such a common pole are (...) set out, and an interrelated “system” developed to relate the law of 1954 to the later responses, in order to help find a common, systematic base for Derrida’s oeuvre. The need to accommodate approaches which are wary of a systematic approach is nevertheless acknowledged, and possible ways of reconciling the diverse readings of Derrida’s intent and collaboratively furthering the formalisation of Derrida’s oeuvre for posterity are outlined in closing. Indo-Pacific Journal of Phenomenology, Volume 10, Edition 2, October 2010: 43-60. (shrink)

One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...) distinguish between scientific and metaphysical explanations. However, Lange (2013, 2018) has argued that scientific and metaphysical explanations are linked by a transitivity principle, which would undercut Loewer's defense and re-ignite the circularity worry for the Humean. I argue here that the Humean has antecedent reasons to doubt that there are any systematic connections between scientific and metaphysical explanations. The reason is that the Humean should think that scientific and metaphysical explanation have disparate aims, and therefore that neither form of explanation is beholden to the other in its pronouncements about what explains what. Consequently, the Humean has every reason to doubt that Lange's transitivity principle obtains. (shrink)

Some argue that law is the discipline which has mixed most prominently with bioethics, and that bioethicists can be seduced by the law and by legal procedures. While there is a great consensus that law has influenced bioethics in significant and important ways, certainly much more than it influenced other "law and..." disciplines, scholars dispute as to the exact role which the law plays in bioethics, the goals it purports to achieve and the implications of its relationship with the discipline (...) of bioethics. This Article aims to explore the relationship between law and bioethics and calls for a careful evaluation of the law's contributions to bioethics. Specifically, it will be argued that while the law contributed extensively to the development of bioethics it introduced a language and a way of thinking that are not necessarily appropriate to handle and resolve bioethical issues, and which, in significant portion of cases, was irrelevant and had little impact on decision-making and behavioral patterns of patients. Moreover, law's interference with and shape of bioethical issues resulted in serious threats to some of the major characteristic of such issues and brought about to other societal concerns which the law did not consider seriously. The article will conclude that it is now time to re-evaluate the direction in which bioethics should take in the next years, specifically whether it should continue to integrate with law or other disciplines, or alternatively become a more autonomous and independent discipline. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The Law of Non-Contradiction - that no contradiction can be true - has been a seemingly unassailable dogma since the work of Aristotle, in Book G of the Metaphysics. It is an assumption challenged from a variety of angles in this collection of original papers. Twenty-three of the world's leading experts investigate the 'law', considering arguments for and against it and discussing methodological issues that arise whenever we question the legitimacy of logical principles. The result is a balanced inquiry into (...) a venerable principle of logic, one that raises questions at the very centre of logic itself. The aim of this volume is to present a comprehensive debate about the Law of Non-Contradiction, from discussions as to how the law is to be understood, to reasons for accepting or re-thinking the law, and to issues that raise challenges to the law, such as the Liar Paradox, and a 'dialetheic' resolution of that paradox. The editors contribute an introduction which surveys the issues and serves to frame the debate, and a useful bibliography offering a guide to further reading. This volume will be of interest to anyone working on philosophical logic, and to anyone who has ever wondered about the status of logical laws and about how one might proceed to mount arguments for or against them. (shrink)

We can think about ourselves in a variety of ways, but only some of the thoughts that we entertain about ourselves will be thoughts which we know concern ourselves. I call these first-person thoughts, and the component of such thoughts that picks out the object about which one is thinking—oneself—the self-concept. In this thesis I am concerned with providing an account of the content of the self-concept. The challenge is to provide an account that meets two conditions on first-person thought. (...) The account must show how we are aware of ourselves when we entertain first-person thoughts, so that we have an account that establishes the cognitive significance of first-person thoughts. But, in addition, this awareness must be as robust as the thinker’s ability to entertain first-person thoughts if our account is to respect the guaranteed referential success of the self-concept. I introduce both the subject matter of the thesis, and the constraints on a satisfactory account of that subject matter in the first chapter. In the second chapter I then set up a further problem: much of our self-knowledge is knowledge of our current mental states and it is often argued that we know about and can ascribe those mental states on the basis of introspection alone. The first constraint on an account of first-person thought described in the preceding paragraph requires that we be aware of ourselves in some way if our thoughts are to have the special cognitive significance of first-person thoughts. Yet, I argue, we neither do nor can introspectively observe a subject of thought and experience when we come to know about our mental states and experiences. The failure of introspection to supply us with perceptual information about a subject of thought presents us with the further potential problem. According to Fregean semantics sense determines reference: we count on the content of the elements of thought to determine the reference of terms that are used to express those elements. If we do not introspectively observe a subject of thought then we seem to be at a loss to account for the concept and we are at risk of having to accept that neither the self-concept nor the first-person pronoun are referential. In the remainder of my thesis I consider various responses that we can offer to this problem. First, I examine whether we can avoid the problem with an alternative account of first-person reference according to which reference is fixed by a reflexive rule, and whether we can also base an account of first-person thought on this account of first-person reference. Secondly, I look at the descriptivist view of first-person thought which could potentially provide both an account of first-person thought and first-person reference. These two suggestions must be rejected on the grounds that they fail to accommodate the special cognitive significance of first-person thought. A third approach to first-person thought argues that we employ an objective self-concept when we think about ourselves, a concept that is informed by bodily experience, rather than by introspective observation of a subject. Yet such an account cannot make sense of first-person thoughts in which we question our own embodiment. Lastly I consider whether it is possible to explain the cognitive significance of first-person thought in terms of non-conceptual first-person contents. (shrink)

One of the divine quotations narrated from the timeline of Qur’ānic revelation is seen as a word of Prophet Mohammad in the 30th verse of the surah of al-Furqān. It’s observed that the speaker of this verse is Prophet Mohammad and he complains to God about his tribe which neglects the Qur’ān. In the present study, semantic structure and the meaning area of the phrase “mahjūr”, which is the key word in this verse, the meaning of it in the timeline (...) of Qur’ānic revelation and the interpretations attributed to it in the following centuries are traced. Likewise by examining Qur’ānic exegesis chronologically and investigating the interpretations of the exegetes on the relevant verse, it’s tried to see the semantic breaking points, changes and transformations regarding this verse in the historical process. Finally, the approaches of the exegetes who interpreted this verse in terms of the method of maqāsidī tafsir or the principle of teleological interpretation are determined. The approaches detected in this respect are first explained in a descriptive style, and then they’re evaluated in an analytical point of view. The findings and conclusions we reached in this study are as follows: As stated by the majority of exegetes, especially Qatāda, al-Zamakhsharī, Ibn Atiyya, Fakhr al-Dīn al-Rāzī and al-Sa‘ālibī, the aforementioned verse belongs to the Prophet Mohammed in terms of both wording and meaning. It hasn’t been determined that there’s a conflict about the pertaining of this word to him. According to this hadith quoted in surah al-Furqān, the Qurayshi polytheists made unwarranted objections to the Prophet and the divine instructions that he brought, his heart was narrowed in the face of their attitude towards the Qur’ān, and for these reasons he complained about his tribe to God. It can be said that this meaning seen in Mecca in the tenth year of his prophethood, namely, insulting the Qur’ān, abandoning it, and denying the themes in it, also includes Muslims after the revelation period. Accordingly, it can be thought that the aspect and situation of not acting on the provisions of the Qur’ān and not thinking about its verses are also valid for the interlocutors of the next period. In this direction, when we look at the history of tafsir, it has been determined that the exegetes who interpreted this verse in terms of teleological interpretation asserted different approaches. It was seen that al-Zamakhsharī, al-Rāzī, Abū al-Barakāt al-Nasafī, al-Bikā‘ī, Kamālpasazāde, Sayhzāda and Ibn ʻĀshūr interpreted this complaint of the Prophet by associating it with the coming of punishment. Therefore, in compliance with them, this verse aimed to threaten all the interlocutors, especially the Quraysh. On the other hand, it has recognized that Ibn al-Qayyim al-Jawziyah, Ibn Kathir, Bursavī and Sayyid Qutb evaluated this verse in the context of the types and ways to abandon the Qur’ān. Thus, they interpreted the relevant verse in terms of maqāsidī tafsir in a way that would cover both the first addressees of Qur’ānic revelation and other interlocutors in the following periods. In a nutshell, it can be considered that not endeavoring to understand and interpret the Qur’ān, or keeping it away from family and social life, law, understanding of earning and spending, not referring to it in such matters, or giving up living a life pursuant to it, are some of the routes and sorts of abandonment of it for Muslims. (shrink)

The rapid rise in interest in geoengineering the climate as a response to global warming presents a clear and significant challenge to environmental ethics. The paper articulates what I call the 'presumptive argument' against geoengineering from environmental ethics, a presumption strong enough to make geoengineering almost 'unthinkable' from within that tradition. Two rationales for suspending that presumption are next considered. One of them is a 'lesser evil' argument, the other makes connections between the presumptive argument, ecofacism, and the anthropocentrism/non-anthropocentrism debate. (...) The discussion is designed to prompt reflection on how environmental ethicists should orient themselves to the rapidly moving geoengineering debate and what they should think about the moral significance of the earth's large-scale biogeochemical processes compared to the moral significance of individuals, species, and ecosystems. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 38.1 (2000) 87-101 [Access article in PDF] Collingwood on Re-Enactment and The Identity of Thought Giuseppina D'oro University of Keele Collingwood's The Idea of History is often discussed in the context of the issue of the reducibility/non-reducibility of explanations in the social sciences to explanations in the natural sciences. In the 1950s and 60s, following the publication of Hempel's influential article, "The Function (...) of General Laws in History,"1 many looked at Collingwood's defence of the autonomy of history as providing the appropriate conceptual resources to counter Hempel's claim that explanations in history and in the natural sciences share the same logical structure. Collingwood was recruited as an ally in a number of debates in analytical philosophy of history with a view to clarifying the nature of appropriately historical explanations and the proper subject matter of historical science. In this paper, I wish to consider Collingwood's account of historical understanding from a related but distinct perspective, that is, I wish to consider re-enactment from the perspective of Collingwood's (controversial) claim that thought stands outside time, and that it is because thought stands outside time that it is possible to understand the thoughts of other agents, including those of agents who lived in a distant past. Although Collingwood's account of re-enactment is developed in the context of his philosophy of history, it addresses some very general issues within the philosophy of mind. It is with Collingwood's approach to these general issues that the present paper is concerned: First, I explicate Collingwood's account of re-enactment against the background of his philosophy of mind and, second, attempt to show that one important goal of Collingwood's account of re-enactment is to undermine a certain type of scepticism about the possibility of sharing the thoughts of others, rather than provide a straightforward refutation of this sceptical position. While I believe Collingwood's claim that thought stands outside time to have important repercussions on how to understand [End Page 87] issues more closely related to the philosophy of history, I will not attempt, for reasons of space, to cash out these implications here.In The Idea of History2 the concept of re-enactment is expounded largely via an engagement with an imaginary objector. The position that Collingwood attributes to the imaginary objector can be preliminarily summarized as saying that the objector identifies thoughts with token acts of thinking which can be spatio-temporally located, rather than with the propositional content expressed by those token acts. It is because the objector holds thoughts to be token acts which can be spatio-temporally located that s/he denies that two agents can have or share one and the same thought. Collingwood's reply to the imaginary objector relies on a philosophy of mind that is developed elsewhere3 but whose key elements are presupposed by his discussion of re-enactment in The Idea of History, and essential to an understanding of Collingwood's position.4An important aspect of Collingwood's philosophy of mind concerns his understanding of what is meant by an 'object of thought': When I call a thing subjective I mean that it is or pertains to a subject or conscious mind. When I call it objective I mean that it is or pertains to the object of which such a mind is conscious. I do not call a real rose objective and an imaginary one subjective, or the molecules in it objective and the beauty of it subjective. A real rose I call real and an imaginary rose I call imaginary; and I call them both objective because they are the objects of a perceiving and imagining mind respectively. (SM, 11)5For the sake of clarity I shall refer to the subjective/objective distinction as used by Collingwood as subjective2 and objective2 and to the subjective/objective distinction against which it is contrasted as subjective1 and objective1. Objective1 means existing in... (shrink)

continent. 1.2 (2011): 70-75. cartography of ghosts . . . And as a way to talk . . . of temporality the topography of imagination, this body whose dirty entry into the articulation of history as rapturous becoming & unbecoming, greeted with violence, i take permission to extend this grace —Akilah Oliver from “An Arriving Guard of Angels Thusly Coming To Greet” Our disappearance is already here. —Jacques Derrida, 117 I wrestled with death as a threshold, an aporia, a bandit, (...) a part of life. —Akilah Oliver Moraine in geological lingo is that which is left behind. Moraine- a euphemism for the de-stabilizing referent of the writer-ly body as a “troubled and troubling landscape marked by cultural and historical signifiers, the body as flesh memory [...] the body as transitory” (Oliver, Author Statement). Moraine— a geological metaphor of the poet as a holder of memory, as an accumulation of rocks and debris carried along the edge, terminal, dropped at the foot of language (in language). “Flesh Memory” according to Akilah Oliver is "that which my body recalls [...] everything has to do with the task of remembrance and its narrative reinvention [...] I was always translating an idea of the world as it presented itself at any given time. To write was a choice about how to be seen, how to enter the world as translator, actor, participant, in the dialogues that apparently made the real 'real'" (Levitsky). Flesh. Memory. The stuff some poems are made from. The stuff that gets abandoned, gleaned, and picked up by more flesh and memory. "My body, my life has always felt like a kaleidoscopic rip in the dominant fabric [...] has always been a dialogue with the impossible and the apparent” (Levitsky). The impossible-body or poet's body anticipates and performs (through language) an irretrievable death. IN APORIA I realized everything I must have been doing must have been Death. It was Christmas or Labor Day—a holiday—and every time you turned on the radio they said something like ‘four million’ or ‘going to die’.” — Andy Warhol I’m trying on egos, [a justification for the planet’s continuance]. Oh hello transgressor, you’ve come to collect utilitarian debts, humbling narrative space. Give me condition and wheatgrass, I his body disintegrating. I his body is ossification. Death my habit radius, yeah yeah. I his body can’t refuse this summons. I can’t get out this fucking room. Tell me something different about torture dear Trickster. Tell me about the lightness my mother told me to pick the one i love the best how it signals everything I ever wish to believe true just holy on my ship. I jump all over this house. this is it [what I thought is thought only, nothing more deceptive than]: I his body keeps thinking someone will come along, touch me. As like human or lima bean. I’m cradling you to my breast, you are looking out. A little wooden lion you & Peter carve on Bluff Street is quieting across your cheekbone. Not at all like the kind of terror found in sleep, on trembling grounds. It is yesterday now. I have not had a chance to dance in this century. Tonight I shall kill someone, a condition to remember Sunday morning. To think of lives as repetitions [rather than singular serial incarnations]. To understand your death is as exacerbating as trying to figure out why as schoolchildren in mid-nineteen-sixties Southern California we performed reflexive motions: cutting out lace snowflakes, reading Dick and Jane search for their missing mittens, imagining snow. Disintegrat ing . The -ing gerund catapults from the non-finite verb into past, present, future. The -ing as a tail pinned to death, a dog spinning to bite and never fully reaching itself, always shy of the end, circumreferential; a double copulative: deathing. Possessively AO calls it “habit radius” (a virtual fetish attribute) or an inescapable death presence that “confronts us with the paradox of an unattainable object [...] through it’s being unattainable” (Agamben, 27). A flirtation or dialogue with an unknowable thing and aporia utilized as investigative instrument to engage (death) while (in Southern California) we “perform reflexive motions,” cut lace snowflakes, imagine snow, and pay rent like “yeah, yeah” what else is new. And this too, fiction. The book I wish to right. The restored fallen, heroic. Did you expect a different grace from the world? Or upon exit? I’m working on “tough.” They think I am already. All ready. Who is the dead person? Is "I'm sorry" real to a dead person? Browning grass. My hands on this table. A contentious century. A place to pay rent. Redemptive moments. Am I now the dead person? Dead person, dead person, will you partake in my persimmon feast? The body inside the body astounds, confesses sins of the funhouse. I too have admired the people of this planet. Their frilly, orderly intellects. The use they’ve made of cardamom, radiation as well. How they’ve pasteurized milk, loaned surnames to stars, captured tribes, diseases, streets, and ideas too. The living-body as archive: is it possible to experience the living-body as archive without a (kind of) death? Sifting the rubble, rummaging through hoarded debris, skin sheds, memory-napping, and re-awoken (in flesh and) on terrain. “An investigative poetics seeks to unravel staid communities of thought and grasp at what might always be just beyond reach; a poetics of inquiry that lies between language as meaning, and language as rapturous entry into the world of posited ideas and idealism”( Levitsky). Something snaps. Lights blow out prior to embarking upon an investigative poetics. It begins with a question (often a sexy aporia) that leads to openings. "Every politics of memory [...] implies an intervention of the state. It's a state that legislates and acts with regard to the nonfinite mass of materials to be stored, materials which must be collected, preserved” (Derrida & Stiegler, 62). It seems poetic investigation already contains the potentiality of an (invisible) archive if the writer is “always writing” especially when not. Here’s my stupid digital romantic inclination: the living-body (of a poet) is a self-sustaining archive of non-finite memories. But not even I really believe that. AO innovated and sculpted an investigative poetic praxis. In a conversation with poet Rachel Levitsky, poetic-voice is viewed not as a precious identifier, but as a means to think through/about form, concluding that form is linked to framing. While poetic-voice may have tendency to precede form, it also erupts as a result of framing techniques. “They are frames that hold the shape of thinking (which is also to say of imagining) [...].”7 This reminds me of my rabbit who symmetrically chewed the corners of his hutch, which makes me wonder if it’s an expression of the shape of some animal anxiety tick I won’t ever have access to. Beyond the form/frame, death is an unoriginal yet unique limit; death is a damn deathless thing. It functions as a source of poetic investigation; that thing always “just beyond reach.” And how is death not a fetish (in this case an obsessive reverence for something non-material)? “Insofar as it [death] is a presence, a fetish [...] it is in fact something concrete and tangible; but insofar as it is the presence of an absence, it is, at the same time, immaterial and intangible, because it alludes continuously beyond itself to something that can never really be possessed [...] The fetish is [...] a sign of an absence, it is not an unrepeatable unique object; on the contrary, it is something infinitely capable of substitution, without any successive incarnations ever succeeding in exhausting the nullity of which it is the symbol” (Agamben, 33). AO utilized absence (the absent body [catapulted by the death of a beloved]) as an apparatus to investigate. In the process of conversing with absence or that which is absent, the absent body is affectionately objectified, incessantly summonsed back to a place of recognition, of objects, a desire for the absent body to remain intact while exiting the structural limits of grammar and syntax by moving into chant forms “to say what cannot be said” (Levitsky). from AN ARRIVING GUARD OF ANGELS THUSLY COMING TO GREET dear oluchi- the light is blinking rapidly on the black boxy machine. your room seems bigger than before and i am still planning to read some of those robert jordan books of yours. yesterday at the used bookstore where i was browsing the mysteries to “stall reality” (they are really not mysteries at all, they just employ death as the plot mistress but are unable to grasp its mystery at all)—well the point is, things were calm down here for a while and the world was little. i want to be big like you. or i want you not vast, not dead, not gone, but human small and here. i am so selfish. that is what i really want. to see you again. to oil your scalp. to hear you walk in the door, say ma i’m home . give me a chance to say welcome home son. or when leaving, don’t forget your hat . what do you wear out there? i wish you could have taken your new shoes with you. i’m so proud of you. i’m sorry for the way you died. i miss you all the time. even before, i missed you. out there, one time, some different men said: “shake for me girl, i wanna be your backdoor man.” who dat you love. 5/18/03 A letter-poem in sixteen lines “dear oluchi-” is safe-housed in epistolary form. Poetic voice is rendered as internal thought meanderings, a not-so-much confession, private/(pillow?) talk in the desire to be heard/witnessed by the referent and reader with an intent to absolve. The diminutive “i” bears a relation to poet Fanny Howe’s “little g God” in that “One of the (many) things I like about little g God is that you can have a vodka tonic while you talk to little g God, sing along to Bowie’s “I’m Afraid Of Americans,” and hum Coltrane’s “A Love Supreme,” though maybe not all at the same time” (Oliver, 2009). Towards the middle of the poem AO is at a used bookstore and remarks on the funny employment of death as a ‘plot mistress’ that ‘they’ (the dubious employed mystery authors) are ‘unable to grasp’, thereby giving death a mouthpiece, a modeling job, something to do to pass the time. from THE VISIBLE UNSEEN When I first saw graffiti, I recognized in it an ugly aesthetic, a dialectics of violence, a distortion of limbs, a hieroglyph. It was only later when I read the names of the dead that I then saw the path of ghosts charted there; its narrative of loss for the visible unseen whose place in history has been fictionalized and rendered unseen under the totalizing glare of history. Inscriptions, traces, specters. Graffiti begs a public face just as ghosts require non-ghosts (humans) to sense them. The “visible unseen” is a game of hide-and-seek between public viewer and graffiti-inscriber, an ephemeral-violent aesthetic on an ephemeral-policed canvas. Graffiti-inscribers already submit to being forgotten, expect to be washed away; perhaps it’s a holy urban mandala created by gangster-type monks without Buddhism. [...] in its refusal to disappear it forces a discourse in the public imagination we are forced to see what we would rather not, to make sense of an encoded language that we cannot read on the level of meaning. it irritates, forces its agency on us, speaks outside and beyond semiotic reach. An epic font-size pervading the public’s imagination, illegible, I could just close my eyes, remain passive, drive past, abandon it beyond reach, push it further away beyond death walls. In Barcelona I watched a clean up crew wash walls with an awesome water hose but I was more intrigued by their bodies; not a distortion of limbs, not hieroglyph but also not entirely legible; the laboring body permanently erasing specters of the city, and of course they knew it was also an invitation for the ghosts to return. Graffiti is death’s little sister, is also an aporia. [...] Graffiti (fr GK -graph(os), something drawn or written, to diagram or chart) attempts to stage the impossible: to erase the essence of its own subjectivity. Graffiti is a cartography of ghosts, a mapping of elegiac rapture (the transporting of a person from one place to another, as in heaven) and rupture (the state of being broken open.) Dwelling is a fiction stasis. [...] The notion of the past as being something done with, a look-back event, inhibits the possibility of reading graffiti as rapture, as rupture. If graffiti posits history as always in the process of becoming undone. [...] Because what is the body, if not also a complex temple, an unstable site through which to negotiate subjects, materiality, economies, gods, and modes of representations? The site where we are all already belated. Graphein meaning “to write.” “Derrida says every archive makes a law, and the law of genre is its own rupture” (Bloch, 39). However, graffiti is an (non/anti)-archive of erasure due to (the politics of) washing out its subjectivity, which only adds onto (or is symptomatic of) its character. The inhibition of “reading graffiti as rapture, as rupture” is partly due to it being a “look-back” event in that it’s process involves scratching through layers to reveal previous specters underneath. Graffiti (as an ancient genre) has always been a thing of ‘becoming undone’, and therefore ‘belated and always in arrival’ (Levitsky). It’s a Dionysian activity done at night with it’s back turned toward us. "The specter [...] is of the visible, but of the invisible visible, it is the visibility of a body which is not present in flesh and blood [...] appearing for vision, to the brightness of day [...] something becomes almost visible which is visible only insofar as it is not visible in flesh and blood. It is a night visibility. As soon as there is a technology of the image, visibility brings night. It incarnates in a night body, it radiates in a night light" (Derrida & Stiegler, 115). (shrink)

Journal of Human Values, Volume 28, Issue 3, Page 259-270, September 2022. Novel and history, despite technical differences, have something in common, which one can observe by examining fictional narrative as historical discourse without downplaying its symbolic ramifications. It is a fact that the novel is primarily concerned with individual existence, yet at the same time, it has not overlooked the condition of the people in general, as is reflected in the writings of some of the great writers. The article (...) attempts to take this perspective in order to re-read Fakir Mohan Senapati’s Six Acres and a Third beyond its historicity as a symbolic representation of the contemporary conditions of Indian farming community. It further aims to probe into the predicament of the farming community in India irrespective of historical and political changes. The argument is corroborated through historical parallels about the perpetual plight of farmers as shown in the text with the fear of destitution among farmers in general, and marginalized ones in particular, in the wake of recent legal promulgation. The study reveals that the plight of the people under feudalism represented by fictional characters in Senapati’s novel, which he has conscientiously explored by deploying a variety of artistic techniques, is analogous to the one faced by the contemporary farmers of independent India with neoliberal economic dispensation. (shrink)

This paper takes the removal of the Colston statue in Bristol in the summer of 2020 and the accompanying Black Lives Matter protest as a political setting which can help us explore the radical political potential of Ari Hirvonen’s work. In this intervention I return to some of the themes that his work continuously engages with (such as the question of the limits, transgressions of law, and ethical acts), and re-think them in the context of racial justice. This think-piece opens (...) with reconsideration of ethics and politics drawing on Hirvonen’s brilliant readings of the Antigone and his last book Ethics of Tragedy. By reading transgressions of law as forms of (productive) perversions, this intervention, explores ways in which a different kind of politics might emerge. If in most of his works, Hirvonen saw radical democracy as a vehicle for socio-political transformation, his last work, I argue, moves towards radical even revolutionary transformations. Here I propose to read actions taken by the contemporary racial justice groups as an attempt to embody ‘perversion as rebellion’ or perversion as resistance (both ideas found in Hirvonen’s work). (shrink)

Twelve years after his famous Essay on Some Problems Concerning the Normal and the Pathological (1943), the philosopher Georges Canguilhem (1904–1995) published a book-length study on the history of a single biological concept. Within France, his Formation of the Reflex Concept in the Seventeenth and Eighteenth Centuries (1955) contributed significantly to defining the “French style” of writing on the history of science. Outside of France, the book passed largely unnoticed. This paper re-reads Canguilhem’s study of the reflex concept with respect (...) to its historiographical and epistemological implications. Canguilhem defines concepts as complex and dynamic entities combining terms, definitions, and phenomena. As a consequence, the historiography of science becomes a rather complex task. It has to take into account textual and contextual aspects that develop independently of individual authors. In addition, Canguilhem stresses the connection between conceptual activities and other functions of organic individuals in their respective environments. As a result, biological concepts become tied to a biology of conceptual thinking, analogical reasoning, and technological practice. The paper argues that this seemingly circular structure is a major feature in Canguilhem’s philosophical approach to the history of the biological sciences. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Authority, Reading, Reflexivity: Pierre Bourdieu and the Aesthetic Judgment of KantKoenraad Geldof (bio)Translated by Alex Martin (bio)1. AuthorityFor some time now, Pierre Bourdieu has been a true author 1 —a producer, in other words, of an impressive number of theoretical and analytical discourses in a wide variety of research fields. 2 Whether in anthropology or ethnology, in the sociology of institutions or of the structure and workings of the (...) market of symbolic goods, or in the sociology of literature, the name Bourdieu imposes itself: it establishes authority. Contributing to this is another particularity quite typical of authority: it gets itself talked about; it generates, at accelerated speed, discourses that in one way or another (re-)produce and thus reinforce the authority of the author who was their point of departure and origin. The international proliferation of articles dealing with one aspect or another of Bourdieu’s thought, 3 essay collections, 4 and introductions to Bourdieu’s work 5 testifies to this. The intensity of metadiscursive production not only gives material form to the intrinsic analytic pertinence and richness of the discourse on which it comments—these are evident—but also shows, independent of the pieces’ intentions, that the proliferation is situated in a process of (re-)production of authority, that it is an integral part of a canonizing effort. The articles and introductions problematize, implicitly or explicitly, the direct accessibility of Bourdieu’s discourse. They make the oeuvre into a complex totality, difficult and diversified to the extreme, whose coherence can be revealed only with the help of a gradual, exegetic, and essentially submissive reading practice.To put it another way, and to examine the question more closely, the metadiscursive (re-)production of the authority of the author we call Pierre Bourdieu reveals itself to be [End Page 20] ambivalent: it is at once innovative—it invites the uninitiated to get to know a fascinating new universe of thought—and authoritarian, indeed even conservative. An introduction is never a simple mediation of discourse between an author and his or her potential readers: it provides a sort of user’s guide, it (re-)produces a reading habitus, an ideology of the correct interpretation the reader must learn and interiorize to be able to distinguish orthodox from false, heterodox, readings. Between the metadiscourse/commentary and the authority it discusses, a relationship of tautological circularity is established that surreptitiously transforms the discourse read into a legend (into what must be read): the possibility of an autonomous reading practice is erased by a pedagogy of legendary decoding. 6The authority of an author, that of Bourdieu for example, is consequently implicated in a dynamic of opening (the proliferation of metadiscourses) and closing (the tendency to discipline reading, to make it obey certain norms of legibility). It would be erroneous, however, to attribute the paradoxical aspect of authority simply to the ambivalent effect of metadiscourses/commentaries. This is because authors who establish authority can only rarely escape the canonizing efforts of which they are the object: in many cases, authors themselves participate in the production and reproduction of a mode of reading and interpretation judged to be legitimate. The fact that no authority can completely and exhaustively control its discursive and institutional space does not in any way contradict, therefore, that other distinctive and essential feature of authority: its intrinsic animation by a desire to control, by the desire to see itself respected. Authority wants to become Law and be recognized as such. Thus the tendency of certain authors to become actively involved in the modes of appropriation of their name and their discourses, to endeavor to make the reading of the author’s work not simply an act of connaissance but also a proof of reconnaissance. Authority detests being insufficiently or poorly known. Let us take the case of Bourdieu. As an author, he is first and foremost the one to whom we owe Raisons pratiques, La distinction, Homo academicus and Les règles de l’art, the producer, in other words, of a series of momentous works that, upon publication, established authority. Furthermore, Bourdieu is also the author of a considerable number of accompanying discourses, dominated by the... (shrink)

When Susan Sontag addresses the problem of pornography and relates it to Hegel, she is not merely describing a path in European philosophy aimed to construct a new language, but she is also committing this aim to the importance of re-reading culture. The fashion in which pornography describes reality is meaningful when we are trying to approach Hegel in his aim to construct a post-religious language that finally will make ready-to-hand life as life. Politics, and society, being two essential elements (...) to understand reality, become singularly interesting when analyzed through the gaze of Sontag in combination of Hegel’s philosophy. The conservative morals that reign over what we understand as pornography, and the cultural moment of Europe since the most progressive moments of the 19 th century, describe a fatalist landscape for the future of society and politics. Yet, the learnings from Hegel remain meaningful. In this paper I examine how a post-religious philosophy, aimed long ago by Hegel’s contribution to philosophy, can serve to the understanding of a post-pornographic society: a society that is able to learn from the contributions of Frankfurt’s school with regards to an efficient cultural tissue, and defeat the old religious morals that are inserted in the backbone of politics and philosophy still today. (shrink)

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the (...) role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with _The Wisdom of the World_—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. _The Law of God_ offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, _New York__ Sun_ __ “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—_Times Higher Education Supplement_. (shrink)

Thinking of Death places Plato's Euthydemus among the dialogues that surround the trial and death of Socrates. A premonition of philosophy's fate arrives in the form of Socrates' encounter with the two-headed sophist pair, Euthydemus and Dionysodorus, who appear as if they are the ghost of the Socrates of Aristophanes' Thinkery. The pair vacillate between choral ode and rhapsody, as Plato vacillates between referring to them in the dual and plural number in Greek. Gwenda-lin Grewal's close reading explores how the (...) structure of the dialogue and the pair's back-and-forth arguments bear a striking resemblance to thinking itself: in its immersive remove from reality, thinking simulates death even as it cannot conceive of its possibility. Euthydemus and Dionysodorus take this to an extreme, and so emerge as the philosophical dream and sophistic nightmare of being disembodied from substance. The Euthydemus is haunted by philosophy's tenuous relationship to political life. This is played out in the narration through Crito's implied criticism of Socrates-the phantom image of the Athenian laws-and in the drama itself, which appears to take place in Hades. Thinking of death thus brings with it a lurid parody of the death of thinking: the farce of perfect philosophy that bears the gravity of the city's sophistry. Grewal also provides a new translation of the Euthydemus that pays careful attention to grammatical ambiguities, nuances, and wit in ways that substantially expand the reader's access to the dialogue's mysteries. (shrink)

This theoretical paper takes an agency-theoretic approach to questions of corporate social responsibility (CSR). A comparison of various extant frameworks focusses on how CSR agency emerges in complex multi-agent and multi-sector stakeholder networks. The discussion considers the respective capabilities and relevance of these frameworks – culminating in an integrative CSR practice model. A short literature review of the evolution of CSR since the 1950’s provides the backdrop for understanding multi-agent cross-sectoral stakeholder coalitions as a strategic determinant of today’s organizational behavior. (...) The paper turns to Werhane’s coupling of moral imagination and systems thinking and forging stakeholder coalitions in problem contexts that were traditionally deemed intractable by for-profit organizations. However, it identifies the problem that the systems approach treats macro-agents (organizations, stakeholders) as given (“black-boxed”) and shies away from more radically re-imagining the possibilities of reassembling agency from the bottom up. Actor Network Theory (ANT) provides such a method, which strictly commits to treating organizational behavior as a product of technological, human and environmental micro-processes. ANT, however, is lacking a genuine moral deliberative stance in designing complex CSR coalitions. In an attempt to capitalize on the respective strengths of these frameworks (Systems thinking and ANT) the paper tends to a recent iterative series of “situational transactive” models that are rooted in the US pragmatist tradition and seek to capture intelligent planning processes in complex problematic contexts. The contribution proposes a new CSR practice model, which assigns specific roles to the theoretical contributions of ANT, system thinking and pragmatism in complex deliberation processes. This model can be industry-tested in a future study. (shrink)

Kant's well-known statement from the “Critique of Practical Reason” (§ 7) that the consciousness of the basic law of pure practical reason (or the customary/moral law) can be called a fact of reason (V, 31.24) has not yet become the subject of adequate attention of domestic researchers. In the “Critique of Practical Reason”, Kant justify his famous categorical imperative by appealing to the “fact of reason” (§ 7). A closer reading of this passage reveals that it refers to a “fundamental (...) law of pure practical reason” and its “consciousness” is called “a fact of reason”. It is likely to think that Kant makes a “naturalistic fallacy” when he tries to justify “ought” (law) from “is” (fact). An analysis of the broader context of the use of the term “fact”, which occurs in the Critique in general 11 times, proves that its denotation is a moral law, which is explained in the corresponding train of thought. A special problem of interpretation is the explanation of the genitive in the expression “a fact of reason” [ein Factum der Vernunft]. It is common to read it as genitivus subjectivus (the fact is a product (act) of the reason, the fact arises thanks to the reason) and as genitivus objectivus (the reason itself is a fact, something factual). But from the standpoint of modern studies of Kant its reading as genitivus auctoris (Willaschek, Wolff, Noller) is promising. Kant’s specific use of the Latin form “ein Factum” in other works, which has the meaning not of “fact”, but of “imputable act” also, testifies in favor of this. Starting with Dieter Heinrich’s article “The Concept of Moral Insight and Kant’s Doctrine of the Fact of Reason” (1960), many researchers interpret the thesis of the “fact of reason” as Kant’s rejection of the attempt at the deduction of moral insight in the “Groundwork of the Metaphysics of Moral” (1785). However, as modern studies (Riedel, Wolff) show, this interpretation is not convincing enough. There are sufficient reasons to believe that it is Kant’s moral and legal doctrine of imputatio facti can explicate an enigmatic passage of the II Critique. (shrink)

2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a “golden thread” of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law’s framework to Virginia Woolf’s subtle re-imagining and theorisation of responsibility in her novel (...) Mrs. Dalloway (1925). I argue that Woolf critiques and supplements the law’s representations of suffering. Woolf was interested in interpreting harms using a framework of neighbourly responsibility, but was also critical of the kinds of proximities recognised by society. Woolf made new harms visible within a framework of proximity: in this way, we might think of Woolf’s work as theorizing a feminist aesthetic of justice, and as providing an alternate genealogy of responsibility to Donoghue v Stevenson. (shrink)

In Prajñā and Reason Nishitani presents a powerful vision of philosophy as Absolute knowing. Nishitani’s conclusions are striking: Absolute knowing can only fulill its potential by beginning without any presuppositions and affirming the truth of contradiction. Because Hegel’s philosophy also purports to be a science of Absolute knowing, in Prajñā and Reason Nishitani develops his own account of the Absolute in conversation with Hegel’s philosophy. We reconstruct Nishitani’s reading and various critiques of Hegel, and thereafter evaluate its merits. Our inquiry (...) shows that Hegel too begins without presuppositions and affirms the truth of contradiction. As a result, we argue that Nishitani’s profound reflections on Absolute knowing draw him into close proximity with Hegel’s thinking and call us to re-think the very being of philosophy and philosophical practice today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:FEYERABEND'S EPISTEMOLOGY AND BRECHTS THEORY OF THE DRAMA by S. G. Couvalis In his early paper, "On the Improvement of the Sciences and the Arts," Feyerabend argues that, just as rival hypotheses show the shortcomings of entrenched scientific hypotheses, so theatre which presents hypotheses contrary to common beliefs about human beings shows the shortcomings of these beliefs. It develops understanding of human relations more effectively than intellectual debate because (...) it is a more complex medium whose elements can "represent the contrary hypotheses at the same time."1 He takes Brecht to be the first theorist of such a theatre. I shall argue that Brecht's epistemology is similar to Feyerabend's early epistemology and that his dramatic theory is a consequence of it.2 1 shall also argue, however, that Feyerabend is wrong in saying that Brechtian theatre presents contrary hypotheses at the same time, because plays, like descriptions, are theory-laden and Brecht, in any case, intends to show on stage that tragedies have social origins and not to present contrary hypotheses about human beings. According to Brecht, most people improperly assume that human behavior and social relations follow fixed patterns inherent in nature because they have been unable to compare the human behavior they know with that in other societies. They take what they experience to be typically human. Moreover, they interpret their social world as they have been taught: "A child, living in a world of old men... knows the run of things before he can walk."3 Feyerabend brings out the effect of such training very vividly: "The teaching procedures both shape the 'appearance,' or 'phenomenon' and establish a firm connection with words, so that finally the phenomena seem to speak for themselves...."4 Because these interpretations of the social world which children are taught are descriptive, explanatory, and prescriptive, they are more 117 118Philosophy and Literature complex and more dangerous than the interpretations of physical objects they are taught. For example, children learn different evaluations of precisely the same behavior in males and females through being taught how to describe it. In being taught to describe certain behavior as "manly" they are taught both that it arises from a male's nature and that it is laudable behavior for boys but not for girls. "Manly" behavior in a woman is not "confident" or "forthright," but "aggressive" or "pushy." In order to stop us from regarding traditional behavior patterns and social relations as unchangeable, and to enable us to question our descriptions of them, Brecht argues that the dramatist must cause us to cease to regard such patterns and social relations as familiar givens that can only be described in one way. To achieve this, he must not structure his plays on the Aristotelian model. The Aristotelian model makes audiences incapable of criticizing the dramatic message, imparts the view that the sources of tragedy lie in an inexplicable human essence, and presents social rules as if they were unquestionable natural laws. Instead, he should structure his plays to induce in audiences a scientific attitude to social relations and patterns of behavior. Like Feyerabend, Brecht realizes that a scientific attitude is not displayed by collecting descriptions of experience without considering whether the interpretations contained in the descriptions are correct. In Galileo, his view of those who mechanically describe experience in traditional terms is shown in Galileo's replies to the Aristotelian arguments of Andrea. When Andrea argues, "I can see that the sun's not in the same place in the evening and morning. So it can't stand still. It just can't," Galileo replies, "You 'W! What do you see? You see nothing at all. You're just gaping. Gaping isn't seeing." He then demonstrates to Andrea that the apparent motions of objects need not be their real motions because an apparent motion can be caused in more than one way. 5 Brecht shows that the central question for the scientist is not "How shall I collect descriptions of appearances?" but "What is it that I really perceive and how is it caused?" He argues elsewhere that "there's a vast difference between experiment and experience" because experiments are set up to test... (shrink)

This article aims at showing the need for a sound ethical and anthropological foundation of economics and business, and argues the importance of a correct understanding of human values and human nature for the sake of economics and of businesses themselves. It is suggested that the ethical-anthropological side of economics and business can be grasped by taking Aristotle’s virtue ethics and Amartya Sen’s capability approach (CA) as major reference points. We hold that an “Aristotelian economics of virtues”, connected with the (...) CA’s notion of human richness, can promote the shift to the concept of personhood, and can lead to a more “humanized” business, by fostering human flourishing, the enhancement of human capabilities, and the pursuit of a more humane development for each and every person. (shrink)

Graeme Laurie stepped down from the Chair in Medical Jurisprudence at the University of Edinburgh in 2019. This edited collection pays tribute to his extraordinary contributions to the field. Graeme has often spoken about the importance of 'legacy' in academic work and has forged a remarkable intellectual legacy of his own, notably through his work on genetic privacy, human tissue and information governance, and on the regulatory salience of the concept of liminality. The essays in this volume animate the concept (...) of legacy as lens of analysis for the study and practice of medical jurisprudence. In this light, legacy reveals characteristics of both benefit and burden, as both an encumbrance to and facilitator of the development of law, policy and regulation. Overall, the contributions reconcile the ideas of legacy and responsiveness and show that both dimensions are critical to achieve and sustain the health of medical jurisprudence itself as a dynamic, interdisciplinary and policy-engaged field of thinking. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A Political Theology of Climate Change by Michael S. Northcott, and: Restored to Earth: Christianity, Environmental Ethics, and Ecological Restoration by Gretel Van WierenKevin J. O’BrienA Political Theology of Climate Change Michael S. Northcott grand rapids, mi: eerdmans, 2013. 335 pp. $30.00Restored to Earth: Christianity, Environmental Ethics, and Ecological Restoration Gretel Van Wieren washington, dc: georgetown university press, 2013. 208 pp. $29.95These two excellent books, A Political Theology (...) of Climate Change by Michael S. Northcott and Restored to Earth by Gretel Van Wieren, offer distinct directions for Christian environmental ethics: Northcott develops a rigorous analysis of climate change as a failure of enlightenment rationality and politics, while Van Wieren argues that those who care about the earth can connect with it through the practice of ecological restoration. Northcott theologically defines a complex global problem; Van Wieren theologically engages a community-based solution. Each book advances Christian environmental ethics in important ways; considered together, they have much to teach about the content and methods of the field.Northcott’s A Political Theology of Climate Change argues that climate change is a “cosmopolitical crisis” and that Christians should embrace a more ecological and theological politics in response. Theologians and ethicists have long argued that environmental degradation has cosmological roots: The belief that human beings are separate from nature makes global-scale degradation and pollution acceptable. Northcott adds a nuanced political analysis, noting that modern politics is based on a denial “that the weather is political, or that politics influences the climate” (46). Enlightenment thinkers who laid the groundwork for contemporary political structures insisted that storms and floods were not divine responses to human behavior, so modern nation-states are premised on an ideological separation from nature. Climate change reveals the failure of such thinking, so the facts of climate change pose an inherently political challenge.Thus, failures to act on climate change are political failures. Mainstream politics cannot consider that economic growth is unsustainable because it is premised on ignorance about nature. Nations cannot collaborate to solve the problem because they have no common moral agreement “about the ends and goals of human life” (245). Any response to climate change that simply extends [End Page 198] the enlightenment project—by ascribing “rights” to the natural world, or by trusting existing secular political structures—is doomed to failure. Instead, climate change calls for a different cosmology and a different politics.Northcott argues that both can be found in the Christian tradition. Natural law thinking respects the relationship between human beings and external moral standards “set into the structure of the cosmos,” demanding careful accounting for the atmospheric consequences of human action (246). Virtue ethics teaches the ideal of politics as a “community of friendship and love,” nurturing practices of participation in the good life, lived with less consumption and less destructive energy (200).Northcott hopes that small-scale communities inspired by Christian cosmology and Christian politics will transition away from destructive practices and thereby demonstrate a new way of life to the world. His book concludes by reasserting that because climate change is a political problem, it is fundamentally a theological problem, calling human communities to “re-create the historic and customary connections between nature and culture, land and life, love for neighbour and nature which are central to the Jewish and Christian messianism of empire-challenging love” (316).In contrast to Northcott’s focus on political and philosophical failures, Gretel Van Wieren’s Restored to Earth seeks a “more positive, solution-oriented” approach to Christian ethics (viii). The book is about reconnecting humans with the natural world through ecological restoration, “the science and art of repairing ecosystems that have been damaged by human activities” (2), and it argues that restoration models moral life by creating physical, intellectual, emotional, communal, and spiritual connections with the natural world.Van Wieren begins with an interdisciplinary definition of ecological restoration and argues that views on the practice depend upon varied definitions of nature. She then moves to a nuanced account of restoration ecology as a spiritual practice (chapter 3) of community formation (chapter 4). Evocatively recounting a controlled prairie burn in Illinois on Maundy Thursday, Van Wieren... (shrink)

This article seeks to identify and address the normative void that resides at the heart of postmodernist-feminist theory, and to propose a philosophical framework – beyond postmodernism, but incorporating its central insights – for thinking through the normative questions with which feminists are inevitably confronted in their engagements with positive law. Two varieties of postmodernist-feminism are identified and critically analysed: the ‘corporeal feminism’ of Elizabeth Grosz and Judith Butler, which seeks to ground feminist critical practice in the irruptive capacities of (...) the material body considered as an arte fact of social construction; and the deconstructionist feminism of Drucilla Cornell, for whom ‘the feminine’ is an indeterminate but disruptive force beyond its construction in law and in other social sites. The first component of the argument elaborated here is that each of these approaches ultimately reduces to a form of aestheticism which is incapable of generating a worthwhile and workable feminist approach to the restructuring of politics and law. The second component of the argument involves a return to aesthetics, in particular to the philosophical aesthetics of Kant’s Critique of Judgement. Kant’s aesthetic philosophy, it will be suggested, yields a framework of concepts which, duly re-manipulated, could speak to the very concerns that have inspired postmodernist-feminism: how to attend to (bodily) particularity while avoiding the dangers associated with ‘essentialism’; and how to theorise the propensity of the unrepresentable power of the feminine to exceed both embodied human capacities and the confining rein of socially privileged rationalities. Crucially, however it also responds to a set of preoccupations – those of the feminist lawyer – that cannot be accommodated by postmodernism: how to translate embodied experience into (legal) norms; generalise from the particular; seek consensus; and codify an endless potentiality in the form of law. (shrink)

_Purpose._ By appealing to Hegel’s philosophy, the article aims to understand the role of thinking through its relation to other essential human forces – feeling and will. Such a problem statement reveals the anthropological content of thinking, which is necessary for conducting a critical analysis of human nature. _Theoretical basis._ To realize the set purpose, the dialectical-logical method of categorical-reflexive analysis for texts and realities of human existence in the world is applied. _Originality._ The authors proceed from the fact (...) that the usual way of interpreting thinking as existing alongside feelings and will is theoretically unsatisfactory since thinking is taken in a reduced way – only in its mental form. Thinking, as the mind itself, does not exist next to feelings and will, but permeates them through, at the same time being enriched by their definitions. In this case, thinking appears as an activity following the objective laws of reality itself, which implies a necessary and conscious change by the subject of the forms and schemes of its activity. The authors claim that the Hegelian paradigm of the interpretation of thinking as the substance of everything spiritual makes sense and provides an opportunity to adequately understand the nature of both feelings and will. _Conclusions._ Accusing Hegel of absolutizing thinking, attributing to him "panlogism" appears unfounded, since Hegel understands logic itself in a fundamentally different way. The interpretation of feelings and will as a kind of specifications of thinking by no means reduces them to thinking, but allows us to see their imbued with thinking as an orientation to reality itself in its essence, and not to partial features of the subject. Such an understanding of human nature is capable of adequately orienting pedagogical theory and practice toward the formation of a holistic culture of the individual as a culture of mind, feelings, and will. (shrink)

Rights of nature is an idea that has come of age. In recent years, a diverse range of countries and jurisdictions have adopted these norms, which involve granting legal rights to nature or natural objects, such as rivers, forests, or ecosystems. This book critically examines the idea of natural objects as right-holders, and analyses legal cases, policies, and philosophical issues relating to this development. -/- Drawing on contributions from a range of experts in the field, Rights of Nature: A Re-examination (...) investigates the potential for this innovative idea to revolutionize the concepts of rights, standing, and recognition as traditionally understood in many legal systems. Taking as its starting point Stone’s influential 1972 article ‘Should Trees Have Standing?’, the book examines the progress rights of nature have made since that time, by identifying central themes, unifying principles, and key distinctions in how rights of nature discourse has been operationalized in the disciplines of law, philosophy, and the social sciences. These themes and principles are illustrated through a wide variety of examples, including ecosystem services, indigenous thinking, and ecological restoration, demonstrating how the relationship between humanity and the natural world may be transforming. -/- Taking a philosophical, political, and legal perspective, this book will be of great interest to students and scholars of environmental law and policy, environmental ethics, and philosophy. (shrink)

It has often been said that deconstruction leaves Derrida with nothing positive to say about politics. Critics of Derrida think that the application of deconstruction to politics fails because it overlooks the distinctiveness of political structures. By framing this paper from a case study into the theory of aporias in law and politics and back to the question of apartheid, I argue for a way in which Derrida’s deconstruction is at play both only on a theoretical level and also on (...) a practical level as a corrective to a given political situation. (shrink)

Zajonc and Markus published a chapter in 1984 that proposed solutions to the difficult problem of modeling interactions between cognition and emotion. The most radical of their proposals was the importance of the motor system in information processing. These initial preoccupations, when wedded with the vascular theory of emotional efference (VTEE), propelled theory and research about how the face works to control emotion and to control interpersonal interaction. We discuss the development of Bob’s thinking about facial expression—facial efference is the (...) term he preferred—as he moved toward predictions that sounded radical at the time, and which these days sound like precursors to advances in neuroscience and psychology subsumed under the term “embodied cognition.”. (shrink)

The republican project of freedom as non-domination commits the State to endowing citizens with the resources and attitudes necessary to both apprehend domination and abstain from dominating others. This, some have argued, renders it incompatible with political liberalism, which eschews the promotion of personal liberal virtues, being derived independently of any 'comprehensive doctrine'. Republican freedom is therefore depicted as penetrating deeper, in its application, into intimate and 'private' spheres. I argue, through a Rousseauist interpretation of Rawls's social contract, that its (...) 'political' stricture need not, however, preclude any socially transformative, emancipatory role. Thus, the promotion of freedom as non-domination is compatible with the 'modelled constraints' of Rawls's original position. Far from transgressing the 'political' limits of State power, the goods associated with non-domination may instead be seen as necessary to the realisation of 'moral personality'—independently of the 'final ends' for which it may be exercised. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beginning in the 20s of the last century, historical research into Eiximenis's life and writings has thrown into relief his contribution to the language and political ideas of the kingdoms and towns of the Catalan-Aragonese Crown. Of fundamental importance has been the work of medievalists from North America, and in particular that of Canadian scholars during the last decades of the twentieth century.More recently, a number of studies have (...) underlined the decisive contribution of Eiximenis – a representative of a European textual tradition among friars of the Minor Observance that extended from Oxford to Florence – to the establishment of a system of ethical values for the economic sphere and for trading practices that continued to be developed by members of the Franciscan Order throughout the high middle ages and early modern period.As a follow-up to these studies, I believe that a program of textual analysis and systematic investigation of Eximenis's work could provide further information about the range and significance of his political thinking, based as it was on applying, in typically Franciscan fashion, experimental observation to gain an understanding of the nature both of the societas and of the market, the latter being thought of as a defining expression of civic institutions in Western Europe. This same experimental approach can be found in Franciscan thinking from the catalan-aragonese realm not only in the work of Arnau de Vilanova and Ramon Llull, but also in that of Pere Tomas and Anselm Turmeda, two figures fundamental to the preparation and political engagement of the Friar of Girona.1. The concept of contractIn Eiximenian texts, the communitarian dimension is defined as one that is of necessity based on contract. It is expounded in the long opening section of the Dotzè del Crestià, where Eiximenis outlines the political value of the civitas, as well as setting out the elements that constitute civic life.Borrowing from Aristotle's discussion in the First Book of the Politics , the Franciscan friar strongly affirms that one of the principal reasons behind the civitas is the "necessitat de contractes," the need for contracts. Going far beyond the highly qualified analysis of money and coinage set out by the Greek philosopher, Eiximenis here maintains that the aims of the community is the profit that the citizenry realises by means of different forms of exchange, through buying and selling, through contracts, and through trading. Moreover, that the binding nature of trading-contracts is a matter of concern not of the city in the narrow sense, but of each and every kind of human social organization.Even before contract-law, or, better said, conventional or foral procedure, Eiximenis views the idea of the contract as an essential part of the ethical and organizational principles of living as a community, the essence of the civitas. And it is of great significance that when he is discussing the value and function of money, Eiximenis chooses to call the sorts of exchange that to-day we term economic or financial les civils conmutacions, or exchanges between citizens.These lexical hints allow us to capture the strength of meaning and value, the ethical perspective by which the Gerundense defines the inextricable union of the market and civic society. But it is not only an analytical perspective, significant as that is, that unites market and civic ethics; we are presented with a value judgment of contract and economic exchange as elements that determine the very idea of civilitas.The "bona civilitas," an expression that can be roughly translated as "good civic culture," is in fact founded on a concept of economic ethics that has as its distinguishing feature the logic of profitable exchange, of the distribution of that profit, of contractualization, and of the circulation of goods and money. It is characterised by redefining the anti-value of avaritia as a real.. (shrink)

In this paper we continue an ongoing dialogue that has as its goal the critical appraisal of theoretical perspectives on culture and health, in an effort to move forward scholarship on culture and health. We draw upon a programme of scholarship to explicate theoretical tensions and challenges that are manifest in the discourses on culture and health and to explore the possibilities Bourdieu's theoretical perspective offers for reconciling them. That is, we hope to demonstrate the need to move beyond descriptions (...) ‘of’ culture to an understanding of cultures as dynamic, and to show ways cultural practices create contexts that have the potential to foster or impede health.In our early research, largely undertaken in Canada's multicultural context, we sought to make visible the ways in which culture shaped conceptions of health and influenced health practices of immigrant groups. In recent years this focus has expanded to include populations that reflect the cultural and social diversity of our region. From the outset we attempted to move towards a conception of culture as negotiated, unifying, transformative and dynamic. While this position continues to hold appeal we are continually reminded that, despite our leanings towards constructivism, there is salience to the notion of culture as having enduring elements. It is this tension between the view of culture as embodied and enduring and culture as constructed and dynamic that we seek to examine.We explore whether Bourdieu's theoretical perspective offers promise for reconciling these apparently competing views. Using exemplars from our research we share insights that Bourdieu's work has offered to our analyses, thereby enabling us to move towards a view of culture that holds in tension these apparently contradictory positions of culture as both essence (albeit unstable, negotiated) and constructed. (shrink)