This article focuses on the work of Black and Asian women playwrights in Britain and examines their position as constitutive subjectivities in contemporary British culture. It suggests that recent developments in theatre studies such as the emphases on the postcolonial, intercultural, world theatre and performance art, which have emerged simultaneously with these playwrights’ work and might have offered some critical reception of their work, have not done so because of their maintenance of a colonial cultural imaginary that is more engaged (...) with the elsewhere and the ‘other’ than with the here and now and the diasporic reality of contemporary Britain. Utilizing Avtar Brah’s concept of the ‘diaspora space’, the article argues that Black and Asian women playwrights’ work in Britain not only demands an interrogation of British theatre as a ‘white’ space but also asks that we accept Britain as a diasporic space. (shrink)

The constitutional subject : singular, plural or universal? -- The constitutional subject and the clash of self and other : on the uses of negation, metaphor, and metonymy -- Reinventing tradition through constitutional interpretation : the case of unenumerated rights in the United States -- Recasting and reorienting identity through constitution-making : the pivotal case of Spain's 1978 Constitution -- Constitutional models : shaping, nurturing, and guiding the constitutional subject -- Models of constitution making -- The constitutional subject and clashing (...) visions of citizenship : can we be beyond what we are not? -- Can the constitutional subject go global? imagining a convergence of the universal, the particular, and the singular. (shrink)

Foucault is critical of the tendency to reduce all social and political problems according to predetermined ends and verifiable procedures. For Foucault, philosophical activity is a condition of possibility for the articulation of the question of the self. Inspired by his work on the desiring subject, Foucault begins to explore the ethical and political implications of self-care for modern day concerns. He presents an account of self-care that centres on developing an attitude that questions the personal relationship to truth, and (...) puts to test those ideas and truths held most dearly. Processes of self-care evaluate the consistency between those truths a person regards as necessary and a person’s actions in the world. Interested in the ways in which people see themselves as subjects, Foucault directs his attention to the connection between systems of knowledge, power, and practices of the self. Crucial to Foucault’s process is the recognition that the self-subject is not given and does not have ontological precedence, and that subjectivity is transformable. By finding the lines and fractures in external and internal modes of objectification Foucault hopes to open up the space of freedom to bring about transformative events. The care of the self serves as a form of critique and resistance where it is both a way of living and acting in the world, and a critical response to a particular time and place. (shrink)

This comparative essay about two kinds of interpersonal-centric humanism is dedicated to the memory of professor Janusz Kuczyński and his conception of dialogical universalism as a metaphilosophy, and shows Immanuel Kant’s thought as a ceaseless source of inspiration for all anti-conservatives and universalists. Kant’s philosophy gave man an unforgettable sense of freedom, because it not only posed the imperative of building a pan-human community of all rational beings, but also revealed the above-natural sense of the human species’ imposition of purposefulness (...) upon itself, and the realisation of this purposefulness in the form of a republican federation of free states dedicated to co-creating eternal peace. Kantian ethics did not reach beyond the obligations people had towards one another, hence it was functionally anthropological and uninfluenced by religion, which re-situated philosophy with regard to scientific cognition and religious experience, giving rise to a metaphysics of anthropological responsibility for the condition of the spiritual freedom this ethic propounded. Kant revealed the existence of a metaphysical difference in the sphere of being—between the determinism of nature and the moral kingdom of freedom—without direct reference to the transcendental source of these two essentially different worlds. Kant was the first to set morality rooted in the autonomy and unanimous will of all rational beings—or true humanity—against legal and religious legalism. Kant laid weight on the processual character of man’s self-education to social life through the sense of commitment to self-improvement for the benefit of the solidary co-existence of all rational beings that he developed in himself as a rational being. Thus created freedom is founded on the selflesness of goodness and represents a new quality of being that only manifests itself and evolves in community, interpersonalcentrically. It is a universalistic approach capable of gradually neutralising the human inclination towards radical evil.My attempt to compare these two interpersonalcentric humanism conceptions aims to add some substance to this very delicate element in Kuczyński’s universalism as a metaphilosophy construct. (shrink)

This article traces recent developments in European social theory and psychoanalysis on the theory of the human subject. Critically examining the recent psychoanalytic departures of Julia Kristeva and Jean Laplanche on the status of primary repression as a condition for the constitution of subjectivity, an analysis is presented of the state of the subject in its unconscious relational world. The article suggests ways in which the analyses set out by Kristeva and Laplanche can be further refined and developed, partly (...) through a reconsideration of the intertwining of unconscious representation and repression as developed in the writings of Cornelius Castoriadis, Thomas Ogden and others. For existing psychoanalytical accounts the article suggests we should substitute the concept of ‘rolling identification’, the psychical basis of the shift from self-referential representational activity to an elementary form of inter-subjectivity. Rolling identifications are defined as a representational flux that permits human subjects to create a relation to the self-as-object and pre-object relations. Such primal identification, the article suggests, operates through a ‘representational wrapping of self and others’. The article concludes with a consideration of the cultural significance of primary repression, and the politicization of identification. (shrink)

What remains as an ongoing project, Weeks contends, is creating a theory of the constitution of subjects to account for the processes of social construction. This book presents one such account.

I experience the world as comprising not only pluralities of individual persons but also interpersonal communal unities – groups, teams, societies, cultures, etc. The world, as experienced or "constituted", is a social world, a “spiritual” world. How are these social communities experienced as communities and distinguished from one another? What does it mean to be a “community”? And how do I constitute myself as a member of some communities but not of others? Moreover, the world of experience is not constituted (...) by me alone, nor am I myself the final arbiter of what is true or false about it, of what is good or bad about it, etc. Constitution is an intersubjective achievement: “we” – I with others – constitute the world. Thus, the world is not only constituted as including interpersonal communal unities, but it is also constituted by these communities: groups, teams, societies, cultures, etc. are themselves "we-subjects”, Husserl says, communally constituting the world of their common engagement. But what is communal, as opposed to individual, constitution and how is it achieved? And what sense is to be made of the notion of plural, collective, "we-subjects", communally constituting a common world? (shrink)

According to many philosophical accounts, health is related to the functions and capacities of biological parts. But how do we decide what constitutes the health subject (that is, the bearer of health and disease states) and its biological parts whose functions are relevant for assessing its health? Current science, especially microbiome science, complicating the boundaries between organisms and their environments undermines any straightforward answer. This article explains why this question matters, delineates a few broad options, offers arguments against one option, (...) and draws some modest implications for philosophical accounts of human health. (shrink)

In this paper I want to introduce and defend what I call the "subject mode account" of collective intentionality. I propose to understand collectives from joint attention dyads over small informal groups of various types to organizations, institutions and political entities such as nation states, in terms of their self-awareness. On the subject mode account, the self-consciousness of such collectives is constitutive for their being. More precisely, their self-representation as subjects of joint theoretical and practical positions towards the world – (...) rather than as objects of such positions – makes them what they are. Members of such collectives represent each other as co-subjects of such positions and thus represent the world from the point of view of the collective. (shrink)

Empowerment and user participation represents an ideal of power with a strong position in the health sector. In this article we use text analysis to investigate notions of power in a program plan for health workers focusing on empowerment. Issues addressed include: How are relationships of power between users and helpers described in the program plan? Which notions of user participation are embedded in the plan? The analysis is based on Foucault’s idea that power which is made subject to attempts (...) of redistribution will re-emerge in other forms. How this happens, and with what consequences, is our analytical concern. The analysis is contrasted with ‘snapshots’ from everyday life in a nursing home. The program plan communicates empowerment as a democracy-building instrument that the users need. It is a tool for providing expert assistance to the user’s self-help. User participation is made into a tool which is external to the user him-/herself. Furthermore, the analysis shows that the plan’s image of empowerment presupposes an ‘élite user’ able to articulate personal needs and desires. This is not very applicable to the most vulnerable user groups, who thereby may end up in an even weaker position. By way of conclusion, we argue that an exchange of undesirable dominating paternalism for a desirable empowerment will not abolish power, but may result in more covert and subtle forms of power that are less open to criticism. The paper offers insights that will facilitate reflections on the premises for practising empowerment-oriented health care. (shrink)

This research analyzed the ethical-political discussions of distributive justice in national minorities and its incorporation into the Constitutions of Latin American countries. Ethics stands out in its search to dignify the human being, finding two immeasurable positions: (a) the deontological models of justice and equality and their detached subjects, and (b) the communitarian models that rescue the identity contingencies of the subjects. The latter have allowed reflections that recognize the defense of cultural, territorial and linguistic identity as fundamental issues. Finally, (...) the discussion ventures to delimit equity and positive discrimination. (shrink)

At the dawn of the modern era, philosophers reinterpreted their subject as the study of consciousness, pushing the body to the margins of philosophy. With the arrival of Husserlian thought in the late nineteenth century, the body was once again understood to be part of the transcendental field. And yet, despite the enormous influence of Husserl’s phenomenology, the role of "embodiment" in the broader philosophical landscape remains largely unresolved. In his ambitious debut book, _Phenomenology and Embodiment,_ Joona Taipale tackles the (...) Husserlian concept—also engaging the thought of Maurice Merleau-Ponty, Jean-Paul Sartre, and Michel Henry—with a comprehensive and systematic phenomenological investigation into the role of embodiment in the constitution of self-awareness, intersubjectivity, and objective reality. In doing so, he contributes a detailed clarification of the fundamental constitutive role of embodiment in the basic relations of subjectivity. (shrink)

This paper aims to pay tribute to Figal’s comprehensive and innovative analysis of the artwork and beauty, while challenging both his realist position on the immediacy of meaning and his monist stance that reduces sublimity to beauty. To enquire into the origin of aesthetic feelings and sense, and thus, to break the hermeneutic circle, we first trace the origin of this reduction to the reception of Burke’s concept of the sublime by Mendelssohn and Kant. We then recur to Husserl and (...) Dufrenne to trace the origin of the sense of the feeling of sublimity in the realm of affectivity or sensuousness. This genesis takes place in passive experience, where we identify an excess of sensuous sense over categorial meaning that is constitutive of the affective sense that our bodily sensations give to hyletic material. It is argued that this sensuous excess evokes a sublime experience in the phenomenological sense, involving an affective and disruptive bodily experience and an endless process of sense formation. Affective or sensuous sense is thus an event that irreversibly affects the bodily surface. To elucidate this phenomenon, we draw on the theoretical framework of Breton and Bataille, positing it as a form-transgressive ‘convulsive’ sublime, which we then illustrate in the architectural works of Tschumi and Eisenman. In short, we have retrieved the origin of aesthetic experience and redefined the feeling of the sublime as a phenomenological ‘convulsive’ sublimity. (shrink)

In this essay, I develop an affective account of subjectivity that draws on two important philosophers within the phenomenological tradition. Many claim that the philosophies of Emmanuel Levinas and Michel Henry are entirely opposed to one another. Levinas is typically thought of as a philosopher of transcendence, while Henry is typically thought of as a philosopher of immanence. By attending to the role that affect plays in the work of both thinkers, I demonstrate that traces of immanence can be (...) located in Levinas, while traces of transcendence can be located in Henry. What this account shows is that the self, because it is affective, is unique and set apart from the world, but also porous and open to being affected by others. (shrink)

RESUMO Neste artigo pretendemos refletir acerca da constituição do sujeito político a partir de dois conceitos específicos: rosto e cena de dissenso. Nosso argumento pretende evidenciar como, ao “aparecerem”, os indivíduos produzem uma cena polêmica de enunciação na qual se desencadeia um processo de subjetivação política e de criação de formas dissensuais de comunicação e performance que inventam modos de ser, ver e dizer, configurando outras interfaces entre experiência estética e política. Tal processo potencializa a invenção de novas visualidades e (...) interlocuções nas quais se inscreve o rosto, definido aqui como o vestígio de um lugar do outro que se transforma na promessa do meu próprio lugar, assumindo caráter político e comunicacional, num processo incessante de subjetivação política em que ética e estética se tangenciam. ABSTRACT The aim of this article is to ponder on the constitution of the political subject from two specific concepts: the face and the scene of dissensus, in order to show how the “appearance” of the individuals can produce a controversial scene of dissensus, trigger a process of political subjectivation and the creation of dissensual forms of expression and communication that invent new ways of being, seeing and saying, configuring new ways of collective enunciation and interconnections between aesthetic experience and politics. This is related to the invention of new visualities and interlocutions in which the face is inscribed. Face is defined here as the vestige of a place of the other that is transformed into the promise of my own place, assuming a political and communicational character, in an incessant process of political subjectivation where ethics and aesthetics are related. (shrink)

The work of Foucault and Elias has been compared before in the social sciences and humanities, but here I argue that the main distinction between their approaches to the construction of subjectivity is the relative importance of space and time in their accounts. This is not just a matter of the “history of ideas,” as providing for the temporal dimension more fully in theories of subjectivity and the habitus allows for a greater understanding of how ways of being, (...) acting and feeling in different spaces are related but largely unintended. Here I argue that discursive practices, governmental operations and technologies of the self (explanatory claims of both Foucault and the Foucauldian tradition) take shape as processes within the continuities of the figurational flow connecting people across space and time. Continuity should not be understood as stability or sameness over time, but as the contingent relations between successive social formations. As Elias argues, there is a structure or order to long-term social change, albeit unplanned, and this ultimately provides the broader social explanation for the historicity of the subject. Though discursive practices happen in particular spaces, we must recognise these spaces, and the practices therein, as socially constructed over time in response to largely unplanned moral and cultural developments. (shrink)

The question of who we are is a perennial one in philosophy. It is particularly acute in transcendental philosophy with its focus on the subject. In its attempt to see in the subject the structures and activities that determine experience, such philosophy confronts what Husserl called “the paradox of human subjectivity.” This is the paradox of its two-fold being. It has “both the being of a subject for the world and the being of an object in the world.” As (...) the first, it appears as the subject whose constitutive syntheses result in the presence of the world. Possessing an “absolute being,” it is uniquely singular. As the second, it is itself but one object among many in the world. It appears as a particular human subject with all the vulnerabilities and limitations that we all too readily recognize in ourselves. Reflecting on this duality, Husserl asks: “Howcan human subjectivity,which is a part of theworld, constitute thewhole world, i.e., constitute it as its intentional product . . .? The subjective part of the world swallows up, so to speak, the whole world including itself. What an absurdity!”4 The absurdity arises when we identify the two subjectivities, that is, when we say that the absolutely constituting subjectivity is, in fact, our own limited empirical subjectivity. It is at this point that we say that a part of the world constitutes the whole of the world and hence itself as a part of this whole. (shrink)

This chapter outlines a novel solution to the problem of the many, according to which objects can be simultaneously constituted by many collections of particles. To support this proposal, it develops a conception of objects that implies it. On this view, objects are fundamentally subjects of change: the changes an object can survive are explanatorily prior to its constitution. From this perspective, PM arises, and objects are multiply constituted because the changes that objects survive are too coarse-grained to distinguish among (...) the many different collections of particles that are candidates for constituting the relevant object. (shrink)

Nella filosofia moderna la coscienza e la memoria sono state considerate fattori identitari cruciali. L’articolo analizza il ruolo svolto dagli odori nella costituzione dell’identità personale, distinguendo tre livelli: corporeo , socio-culturale e personale . Da un lato, il proprio odore corporeo funge da principium individuationis. Dall’altro, gli odori costituiscono la base di una comunità chiusa ed estremamente conservatrice. Infine, il sé emerge rammentando le proprie «storie» e i ricordi sugli odori.Consciousness and memory were considered identitary key factors in modern philosophy. (...) The article deals with the role played by smells in constituting the identity of the self, on three levels: corporeal , social-cultural , and personal . On the one hand, own’s body smell acts as a principium individuationis. On the other, smells ground a closed and utmost conservative community. Finally, self emerges by recollecting his/her own «stories» and memories about smells. (shrink)

Poststructuralism has long been acknowledged to offer a radical critique of the foundational subject as a precursor to affirming a constituted subject. Its detractors have however held that the resultant position cannot offer a coherent account of agency (strong version) or, alternatively, that while it may be able to account for non-subjective agency it is unable to develop a coherent explanation for subjective agency (weak version). Somewhat strangely, this issue has been largely ignored by commentators predisposed to poststructuralist thought. In (...) contrast, this volume focuses on the works of Judith Butler, Cornelius Castoriadis, Gilles Deleuze, Jacques Derrida, Michel Foucault, Luce Irigaray, Jacques Lacan, and Catherine Malabou, to show that the question of the subject is a key one for many poststructuralist thinkers, that they are aware of the problematic status of agency that arises from their decentering of the foundational subject, and that they offer heterogeneous responses to it. Subjective Agency and Poststructuralism will therefore be an invaluable resource for researchers and advanced students interested in philosophy, political theory, psychoanalysis, critical theory, history of ideas, feminist theory, and cultural studies. (shrink)

Scholars strive, in their treatment of Stein’s work, to express both a phenomenological concept of the human person, characterized by conscious and free spiritual activity, and a metaphysical concept of the person, seen as an individual essence unfolding throughout life. In Stein’s work, the two concepts are not simply juxtaposed, nor is there a shift from one to the other. Stein integrates her phenomenological research into a metaphysical framework. In the present contribution, I endeavor to show that Stein’s interpretation of (...) Husserl’s concept of constitution focuses on the question of whether this constitution is to be understood realistically or idealistically and on the question of the constituting subject. I shall argue that Stein’s interpretation of constitution is closely linked to the lived experience she calls already in her early writings “self-discovery” and “awakening.”. (shrink)

Le but de l'article est de cerner le sens précis du concept de constitution, central dans la pensée de Husserl, et ce afin de comprendre la portée ontologique de son idéalisme transcendantal: en quel sens s'agit-il d'un idéalisme? Le sujet constituant produit-il le sens et l'être des objets? On s'interroge d'abord sur le champ d'objets qui sert à Husserl de fil conducteur pour l'élaboration de ce concept: est-ce celui des objets immanents, des choses spatio-temporelles, ou des idéalités? Ayant montré que (...) la constitution de la res extensa possède une fonction paradigmatique, on met en question la possibilité de transposer ses traits essentiels à celle des idéalités formelles ou mathématiques: celles-ci ont-elles une subsistance et un caractère d'Idée kantienne analogues à ceux de la res extensa? Comment concilier leur validité omnitemporelle, qui accrédite une thèse réaliste, et le fait qu'elles apparaissent à un moment précis de l'histoire, qui semble justifier la thèse idéaliste? The aim of this article is to tackle and define the concept of constitution, which is central in Husserl's thought, in order to understand the ontological significance of its transcendental idealism: what kind of idealism is it? Does the constituting subject produce the sense and the being of objects? The first question will be to know what field of objects Husserl uses as paradigm in the construction of this concept: is it the field od immanent temporal objects, of spatiotemporal things or of idealities? Having proved that the constitution of the res extensa has a paradigmatic fonction, is it possible to transfer its main characteristics to the constitution of formal or mathematical idealities? Do the latter have the same subsistence and the same statut of Kantian ideas as the res extensa? How is possible to reconcile their omnitemporal validity with the fact that they appear at a particular time in history? (shrink)

The phenomenon of femicide is a social tragedy, keeping on being perpetrated across time. Its consequences are deeply traumatic for children and adolescents, becoming motherless, by their father or by their agent of fatherly care. It represents a serious trauma, still needing to be adequately addressed, by the different human sciences and, especially, involving pedagogy in a careful reflection, in order to facilitate full development processes for a subject in a childhood and adolescence age. The reference, here, is to a (...) pedagogy of bereavement, grounded in attentive categories of analysis and in educative methodologies, able to strengthen life value and to activate an existential planning. It should act in the purpose of allowing each orphaned subject — due to femicide —being capable of building his/her own meaningful future, worthy to be wished and towards which addressing the own search of meaning. (shrink)

Subjective measures of well-being—measures based on answers to questions such as ‘Taking things all together, how would you say things are these days—would you say you're very happy, pretty happy, or not too happy these days?’—are often presented as superior to more traditional economic welfare measures, e.g., for public policy purposes. This paper aims to spell out and assess what I will call the argument from directness: the notion that subjective measures of well-being better represent well-being than economic measures do (...) because subjective measures (and subjective measures alone) are direct measures of well-being. My main thesis is that the argument begs the question against proponents of economic measures: it is based on a premise that they reject and that is no less in need of justification than the conclusion of the argument, namely, the proposition that well-being is constituted by subjectively experienced mental states. If subjective measures can be defended as valid measures of well-being at all, I will maintain, it is because they are (imperfect) indirect measures of well-being. (shrink)

La présente étude part d’une discussion de la thèse exposée par Catherine Colliot-Thélène dans son ouvrage La démocratie sans « demos » selon laquelle la démocratie moderne est « sans demos », composée uniquement de sujets de droits individuels. Appliquée à la construction européenne, cette thèse s’avère féconde, mais aussi problématique. Si elle conduit à sortir des mythes du contrat social et du pouvoir constituant et de poursuivre la démocratisation par la seule garantie du droit subjectif, elle le fait néanmoins (...) en maintenant l’un des axiomes principaux du contractualisme qu’elle réfute, à savoir l’idée que face à l’État seul l’individu est source de droit, non les corps intermédiaires, les communautés et les collectifs. Une autre tradition constitutionnelle fait pourtant plus efficacement l’économie du concept de pouvoir constituant, l’anglaise et l’allemande. Celle-ci développe l’idée d’une « constitution matérielle » ou « réelle », issue des rapports de la pluralité des puissances sociales et non de la volonté du législateur. On postule que cette tradition permet de mieux décrire l’intégration européenne et qu’elle livre des pistes précieuses pour démocratiser l’Europe. (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional preambles. They were held as (...) 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

_Disputed Subjects_ analyzes some of the assumptions behind the contemporary attraction to rationalistic notions of justice and knowledge and discusses why modernity cannot be emancipatory. The effects of gender relations in constituting modern political ideas and theories of knowledge are explored, while at the same time the author identifies problematic aspects of discourses such as psychoanalysis, postmodernism and feminist theorizing. Flax pays special attention to recurrent difficulties concerning maternity, sexuality and race within feminist theorizing, and she addresses the inadequacies (...) of postmodernist accounts of subjectivity and gender. She analyzes psychoanalysis as a discursive formation to identify its particular organization of knowledge and power. (shrink)

Resumen Este artículo expone la presencia de Hegel en la teoría psicoanalítica de Lacan: en primer lugar, el uso que este último hace de la dialéctica del amo y el esclavo para iluminar la dimensión imaginaria de la conciencia y el deseo, en segundo lugar, la recepción de la concepción hegeliana del lenguaje en conexión con la función simbólica y la constitución de la subjetividad, y finalmente la postura de ambos respecto de la relación entre saber y verdad. Los tres (...) aspectos contribuyen a iluminar la interpretación del concepto de sujeto en Lacan a la luz de la influencia hegeliana.This article exposes the presence of Hegel in the psychoanalytk theory of Lacan: first, the use that the latter makes of the dialectic of the master and the slave to illuminate the imaginary dimension of consciousness and desire, secondly, the reception of the Hegelian conception of language in connection with the symbolic function and the constitution of subjectivity, and finally the position of both with respect to the relationship between knowledge and truth. The three aspects contribute to illuminate the interpretation of the concept of subject in Lacan in light of the Hegelian influence. (shrink)

This article proposes an empirical approach to understanding the life of an organism that overcomes reductionist and dualist approaches. The approach is based on Immanuel Kant’s analysis of the cognitive conditions required for the recognition of an organism: the concept of teleology and the assumption of a formative power of self-generation. It is analyzed how these two criteria are applied in the cognition of a developing organism. Using the example of a developmental series of a plant leaf, an active and (...) relational process between observer and developing organism is shown, within which the teleology and self-generating power of the organism can be empirically observed through the mental faculties of understanding and will. Furthermore, it is emphasized that, according to Kant, even physical objects are not readily given, but are actively constituted through the unification of sense perceptions with concepts. This Kantian mode of objectification facilitates cognition of the physical properties of an organism. It can be supplemented with a participatory and co-constitutive mode of realization, in which the life of the organism (its teleologically organizing and self-generating power) can become an object of empirical research. Furthermore, it is argued that the participatory mode also facilitates an expanded conception of nature that allows for the existence of living beings within it. Finally, an analogy to Goethe’s approach to the living organism is highlighted. In summary, it is stated that to understand life, one must consciously participate in it. (shrink)

Scientific cognitivists argue formalist aesthetics of nature are (i) inadequate for appreciating the full range of nature’s aesthetic values and (ii) too subjective to be useful for defending nature conservation. I argue that (i) is false because moderate formalists can appreciate nature for its performances, not merely objects and vistas. I argue (ii) is false because moderate formalists can argue that appreciation of beauty (including natural beauty) is a constitutive good of human flourishing, whose realization relies on access to a (...) rich and diverse array of aesthetically rewarding experiences throughout a lifetime. On these grounds, moderate formalists (among others) can justify conserving distinctive natural entities and environs for our own and future generations’ good. (shrink)

This article addresses an ambiguity in Edmund Husserl’s descriptions of what it means to be a human being in the world. On the one hand, Husserl often characterizes the human being in natural scientific terms as a psychophysical unity. On the other hand, Husserl also describes how we experience ourselves as embodied persons that experience and communicate with others within a socio-historical world. The main aim of this article is to show that if one overlooks this ambiguity then one will (...) misunderstand the relation between the subject that experiences a world (and that Husserl terms transcendental) and the human being within the world. (shrink)

The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized by independent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variably entrenched or implied rights and freedoms; wide-ranging claims by (...) indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.This book explores the development of constitutional thinking in Australia, Canada, and New Zealand from early domination by Imperial ideas, through the adoption of the Statute of Westminster and the contemplation of severing Imperial connections, to irreversible acquisition of constitutional independence in the 1980s. This book focusses primarily on sovereignty and the legal system, concepts which are also central to contemporary constitutional theory in Europe and the United States. The book closes with an evaluation of recent varied and often contradictory accounts of the constitutional foundations of Australia, Canada, and New Zealand, which depict a wide range of scenarios: from constitutional continuity and respect for the rule of law, to popular sovereignty and disguised revolution. Oliver argues that explanations of constitutional independence are characterized by their reliance on independent, country-specific constitutional thinking that evolved over the last century. on. (shrink)

This essay considers the role of the ‘all affected interests’ principle in democratic theory, focusing on debates concerning its form, substance and relationship to the resolution of the democratic boundary problem. It begins by defending an ‘all actually affected’ formulation of the principle against Goodin’s ‘incoherence argument’ critique of this formulation, before addressing issues concerning how to specify the choice set appropriate to the principle. Turning to the substance of the principle, the argument rejects Nozick’s dismissal of its intuitive appeal (...) and considers the two arguments advanced in favour of the principle as a criterion of democratic inclusion: the interlinked interests argument and the tracking power argument. It is shown that neither of these arguments can substantiate a view of the principle as a criterion of democratic inclusion, although both ground a constitutional understanding of the principle as specifying the scope of a duty of justification. It is then proposed that the principle can play an important role in a two-stage resolution of the democratic boundary problem in which it addresses the question of who is entitled to inclusion in the ‘pre-political’ demos that determines whether to constitute a polity. The second stage of this resolution requires an answer to the question of who should constitute the ‘political demos’, that is, the demos of a constituted polity and it is argued that a version of the ‘‘all subjected persons’’ principle can appropriately play this role.Keywords: all affected interests; all subjected persons; democracy; boundary problem; demos problem. (shrink)

The question of the character of constitutional rights norms is complex and admits of no easy answer. Without reducing the complexity of the issue, I attempt in this paper to formulate some clear views on the matter. I shall argue that constitutional rights reasoning is a species of rational practical reasoning that combines both balancing (as Robert Alexy admits) and the grounds as to why balancing is appropriate (deontological constraints). Absent the latter type of reason, the application of constitutional principles (...) remains a pure instance of balancing. Each time those reasons are touched upon, however, balancing becomes subject to deontological constraints. Yet deontological reasons are neither self-proclaiming nor complete. Rather they require for their articulation the background of an already operational practice of practical (legal) reasoning. This practice exemplifies what I shall dubthe structure of autonomy, that is, a set of regulative ideals, not yet definitive norms, that derive from the reflective character of human agency. This structure comes to light when one turns to the agent’s point of view – to the point of view of someone who is engagedreflectivelywith practical questions (questions about rights arepar excellencequestions of this type). The structure of autonomy is more fundamental than any deontological or teleological reasons: it is in its light that deontology and teleology need to be understood as representing merely complementary forms of argument, which can be employed in reasoning that aims to maximise constitutional rights provisions. At the same time, the structure of autonomy as a regulative ideal generatesprima faciereasons for allocating greater weight to deontological arguments in the relevant contexts of balancing. Such prima-facie reasons do not prescribe fully-fledged deontological constraints, but merely set the burden of proof in favour of specific reasons and ensure that the structure of autonomy be respected overall. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit occurs. This process begins (...) by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)