In this wide-ranging interview, Dave Elder-Vass discusses his main contributions to critical realist theory over two decades. In the first half, he explains his early work on emergence, agency, str...

The concept of the three domains of reality is widely used in empirical critical realist research. However, there has been little scrutiny of how the domains are conceptualized and what they contribute to critical realism and how they should be applied in empirical research. This paper involves four arguments. First, Tom Fryer and Cristián Navarrete argue that the three domains of reality are redundant, confusing, and unsupported by Bhaskar’s theorizing. Second, Dave Elder-Vass argues that the three domains schema embodies (...) a distinction between the actual and the non-actual real. Regardless of whether we call them domains we need to retain this distinction. Third, Tobin Nellhaus argues that there are several reasons to uphold the three domains, but ‘the empirical’ is flawed and must be enfolded within a more encompassing theory. Fourth, Ruth Groff argues that the metaphor of ontological stratification is a problem when readers take it literally, often misconstruing the actual metaphysical content that it is meant to capture. (shrink)

In response to Hansson Wahlberg, this paper argues, first, that he misunderstands the redescription principle developed in my book The Causal Power of Social Structures, and second, that his criticisms rest on an ontological individualism that is taken for granted but in fact lacks an adequate ontological justification of its own.

The problem of structure and agency has been the subject of intense debate in the social sciences for over 100 years. This book offers a solution. Using a critical realist version of the theory of emergence, Dave Elder-Vass argues that, instead of ascribing causal significance to an abstract notion of social structure or a monolithic concept of society, we must recognise that it is specific groups of people that have social structural power. Some of these groups are entities with (...) emergent causal powers, distinct from those of human individuals. Yet these powers also depend on the contributions of human individuals, and this book examines the mechanisms through which interactions between human individuals generate the causal powers of some types of social structures. The Causal Power of Social Structures makes particularly important contributions to the theory of human agency and to our understanding of normative institutions. (shrink)

This paper aims to improve critical realism's understanding of emergence by discussing, first, what emergence is and how it works; second, the need for a compositional account of emergence; and third, the implications of emergence for causation. It goes on to argue that the theory of emergence leads to the recognition of certain hitherto neglected similarities between real causal powers and actual causation. (edited).

Editor’s NoteThanks to the initiative of Alan Norrie, we are pleased to present here a symposium on Nick Wilson’s book The Space that Separates: A Realist Theory of Art. Several authors have contri...

One of the strikingly iconoclastic features of actor-network theory is its juxtaposition of the claim to be a realist perspective with denials that supposedly natural phenomena existed before scientists “made them up.” This paper explains and criticizes such arguments in the work of Bruno Latour. By combining referent and reference in the concept of assemblages, Latour provides a superficially viable way to reconcile these apparently incompatible claims. This paper will argue, however, that this conflation of referent and reference leads Latour’s (...) ontology into difficulties that can only be resolved by abandoning it in favor of a more conventional—critical—realism. (shrink)

This paper examines the relationship between pragmatism and critical realism, first as alternative philosophies for the social sciences in general, and second, as an illustration, in the social stu...

'Social construction' is a central metaphor in contemporary social science, yet it is used and understood in widely divergent and indeed conflicting ways by different thinkers. Most commonly, it is seen as radically opposed to realist social theory. Dave Elder-Vass argues that social scientists should be both realists and social constructionists and that coherent versions of these ways of thinking are entirely compatible with each other. This book seeks to transform prevailing understandings of the relationship between realism and constructionism. (...) It offers a thorough ontological analysis of the phenomena of language, discourse, culture and knowledge, and shows how this justifies a realist version of social constructionism. In doing so, however, it also develops an analysis of these phenomena that is significant in its own right. (shrink)

This short reply seeks to clarify the concept of linguistic norm circles and to correct some misunderstandings of it implicit in Sealey & Carter's response. It also reinforces some doubts over their version of the linguistic system. Norm circles, it argues, provide an important part of the explanation for linguistic practices, but always in conjunction with other interacting causal powers.

Giorgos Tsiolis and Michalis Christodoulou have written a deeply theoretical book arguing that we should see reconstructive biographical research as a method for constructing causal accounts of soc...

I. Playing a Game II. The Precondition to Mete out a Legal Sanction III. A Non-cognitively Homogeneous Activity IV. The Reproduction of the Law as a System 1. The Claim for Normative Closedness 2. The Openness of the Communication about Facts Rule of law proclaims the ethos of legal distinctiveness through institutionalizing normative closure, while the rule of facts proclaims a legal functioning embedded in facts as rooted in common sense evidence, backed by practical openness in its functioning. All in (...) all, while rule of law argues for the law’s self-differentiation, the rule of facts ascertains why legal enterprise is (notwithstanding the same) what the heterogeneity of everyday practice and experience suggest it is. In the final analysis, I guess that these two aspects are able only in supplementation of one another to serve the common interest in making the law operate in a socially meaningful way. That is, they are to guarantee distinctively legal operation actually taking place, on the one hand, at a time when and under the conditions in which all its normative preconditions are fully met, on the other. (shrink)

This paper outlines a realist approach to the social ontology of discourse. It seeks to synthesise some elements of the approach to discourse found in the early work of Michel Foucault with a critical realist understanding of the causal power of social structures. It will argue that discursive structures can be causally significant when they are normatively endorsed and enforced by specific groups of people; that it is not discourse as such but these groups—discursive circles—that are causally effective; and that (...) such an account allows us to reconcile the role of discourse with that of the subject. (shrink)

ABSTRACTThis is a lightly edited transcript of a plenary talk given at the Beyond Positivism conference, Montreal, August 8–10 2017. The talk followed others by Christopher Winship and Frédéric Van...

Intellectual traditions can be seen as complex patchworks of ideas, constructed differently by each observer as they learn about the tradition, and harmonized to an extent through the boundary work...

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)

Tony Lawson’s book The Nature of Social Reality is an impressive overview of a philosophically coherent social ontology that he has been developing for at least a decade. The book, and the earlier...

It is important to understand how the cultural background, the age and the gender influence the expectations towards social robots. Although past works studied the user adaptation for some months, the users with multiple years of ownership were not subjects of any experiment to compare these criteria over the years. This exploratory research examines the owners of the discontinued Sony AIBO because these robots have not been abandoned by some enthusiastic users and they are still resold on the secondhand market. (...) 78 Sony AIBO owners were recruited online and their quantitative data were analyzed by four independent variables, user contribution and model preference points of view. The results revealed the motives to own these robots for years and how the heavy users perceived their social robots after a long period in the robot acceptance phase. (shrink)

Carruthers clearly identifies the basic issues involved in language and thought relations and argues for an adaptive central model. Similar conclusions were reached by classical research in the inner speech tradition. Sokolov (1968; 1972) especially emphasized that inner speech appears only when the task is difficult. The use of inner speech is not a necessity to transform representations, but it is called for when transformations become difficult. This might be related to the cognitive reorganizations leading to language as emphasized by (...) Donald (2001). (shrink)

This is an edited transcript of a keynote paper given at IACR's 2021 Annual Conference. The paper outlines a critical realist approach to critique and illustrates its application to the contemporary economy. It argues that responsible, constructive critique depends on ethics, on causal explanation, and on the development of utopian visions. Utopias are tools, and concrete utopias are not visions of whole alternative ready-made societies, but rather partial models that can be built in practice as elements of the larger social (...) world. The argument is illustrated with three cases of digital utopianism, which help to demonstrate the practical challenges facing utopian schemes. Concrete utopias are a vehicle for combining our theoretical understandings of possibilities with an ethical analysis of needs in order to offer practical schemes for improving human flourishing. (shrink)

Our economy is neither overwhelmingly capitalist, as Marxist political economists argue, nor overwhelmingly a market economy, as mainstream economists assume. Both approaches ignore vast swathes of the economy, including the gift, collaborative and hybrid forms that coexist with more conventional capitalism in the new digital economy. Drawing on economic sociology, anthropology of the gift and heterodox economics, this book proposes a groundbreaking framework for analysing diverse economic systems: a political economy of practices. The framework is used to analyse Apple, Wikipedia, (...) Google, YouTube and Facebook, showing how different complexes of appropriative practices bring about radically different economic outcomes. Innovative and topical, Profit and Gift in the Digital Economy focusses on an area of rapid social change while developing a theoretically and politically radical framework that will be of continuing long-term relevance. It will appeal to students, activists and academics in the social sciences. (shrink)

Margaret Archer and Pierre Bourdieu have advanced what seem at first sight to be incompatible theories of human agency. While Archer places heavy stress on conscious reflexive deliberation and the consequent choices of identity and projects that individuals make, Bourdieu's concept of habitus places equally heavy stress on the role of social conditioning in determining our behavior, and downplays the contribution of conscious deliberation. Despite this, I argue that these two approaches, with some modification, can be reconciled in a single (...) emergentist theory of human action that is sketched out in this article. It examines how human dispositions and our reflexive decisions are related to the determination of human action, linking dispositions and decisions to their neural base in human physiology and to the social factors that influence them. As a result, it argues, we can see human action as the outcome of a continuous interaction between dispositions and reflexivity. The article goes on to relate this explanation back to Bourdieu's concept of the habitus and Archer's account of reflexivity. It argues that the weaknesses in Bourdieu's theory of action can be resolved by a reasonable reinterpretation of the habitus that makes it consistent with the emergentist theory and creates space for human choices as well as social influences on our behavior. This opens up a role for the sort of reflexive deliberations advocated by Archer and thus to a reconciliation of the key contributions of both Archer and Bourdieu. (shrink)

The question of social structure and its relationship to human agency remains one of the central problems of social theory. One of the most promising attempts to provide a solution has been Margaret Archer's morphogenetic approach, which invokes emergence to justify treating social structure as causally effective. Archer's argument, however, has been criticised by a number of authors who suggest that the examples she cites can be explained in reductionist terms and thus that they fail to sustain her claim for (...) the independent causal effectiveness of social structure. This paper offers an alternative argument to support the emergentist claim for the causal effectiveness of social structure, and shows how this argument refutes a representative critique of social emergence. (shrink)

There are many differing ways to be a realist about language. This paper seeks to classify some of these and to examine the implications of each for the study of language. The principle of classification it adopts is that we may distinguish between realisms on the basis of what exactly it is that they take to be real. Examining in turn realisms that ascribe reality to the external world in general, to causal mechanisms, to innate capacities, to linguistic signs, to (...) social structures, to language systems, and to linguistic groups, the paper summarises the case for a particular critical realist ontology of language. In the process, it engages briefly with the work of Saussure, Chomsky, Halliday, and more recent explicitly realist thinkers such as Bhaskar, Pateman, Archer, Sealey and Carter. One implication is that language itself is not a phenomenon that separates us from a causally structured world, but rather a part of that world, a part with an identifiable causal structure of its own that is similar to that of other normative phenomena. (shrink)

The ‘Hart-miracle’, then the ‘Hart-phenomenon’ are analysed through surveying (1) the state of legal philosophising in England preceding Hart, (2) his professional career and (3) the early British reception of his work, including (4) the kinds of criticism as to its methodology and presuppositions as well as (5) its becoming a master type of jurisprudence with Oxford as a centre. Taking it as a mainstream, the continental tradition of encouragement to productive thinking characteristic even of Kelsenism is contrasted with its (...) worldwide reception, by the effect of channelling thinking. Its reception in Hungary with an overview of which trends of legal philosophising of the 20 th century has exerted or failed to exert an impact upon - as echoed by - theorising on law in Hungary is also considered. As concluded, the places in the imaginary Pantheon of 20 th -century legal philosophising occupied by Max Weber and Hans Kelsen (as accompanied by Eugen Ehrlich and Gustav Radbruch who are deemed to have been decisively significant minor masters), representing the first half of the century, are complemented indeed by the places occupied by H. L. A. Hart and Ronald M. Dworkin in representation of the second half of 20 th century. (shrink)

Submission by 31st July 2021The relationship between pragmatism and critical realism is open to many interpretations. On the one hand, compared to more traditional approaches, the two approaches sh...

Submission by 31st July 2021 The relationship between pragmatism and critical realism is open to many interpretations. On the one hand, compared to more traditional approaches, the two approaches s...

Scientific socialism as developed by the Social Democratic Party of Germany, the world's largest workers' party, and the Second International, basically a creation of German socialists, viewed utopianism as empirically unverifiable. The publication, wide circulation, and enormous success in Germany of Edward Bellamy's Looking Backward therefore posed a strong challenge to the leaders of the SPD, Karl Kautsky and August Bebel, and it attracted their criticism on several occasions. Such high-level condemnations of Bellamy call for an explanation. The SPD, freshly (...) out of illegality in 1890, scored a decisive victory over Bismarck, and the party's big electoral gains led to utopian hopes among the rank and file. In this expectant milieu, Looking Backward was interpreted as a model for immediate action. However, socialist leaders saw it differently. Kautsky and Bebel reasoned that the immediatism of the American utopia flagrantly violated the ineluctable tendencies of history, recklessly rushed historical destiny, and put the achievements of the socialists at risk. It was not without irony that Kautsky found the absence of utopianism one of the SPD's greatest accomplishments. It was into this utopian vacuum that right-wing futuristic blueprints increasingly moved, portraying Caesaristic leadership, interclass harmony, world power, and racial exclusivity to a rapidly expanding audience. By rejecting future gazing, as exemplified by their rebuff of Looking Backward, socialist leaders failed to wage an extended cultural campaign for hegemonic influence over sectors other than the working class. Their claim that they essentially had no ideals to realize and their adherence to the strategy of fatalistic waiting for the collapse of capitalism came at a high price, as their inaction in face of and even support of colonialism and World War I would reveal. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)