This paper examines Jacques Derrida's deconstruction of Giorgio Agamben's account of the history of bio-politics in the Beast and the Sovereign. In this account, the ‘threshold of bio-political modernity’ is identified with the collapse of an allegedly immemorial distinction between life and the law. According to Derrida, however, this in-distinction between life and the law, which supposedly marks the historical emergence of the bio-political, is in fact an originary event. Agamben, therefore, announces a bio-political modernity that has always already existed. (...) In this essay, I argue that Derrida, in the Beast and the Sovereign, fails to grasp the significance of one of the principal figures employed in Agamben's theory of the bio-political, the ‘threshold’. This figure, which Agamben opposes, elsewhere in his writings, to the Derridean notion of difference/deferral, does not refer to either an historical beginning or something that has always already existed. Rather, the threshold is defined as a particular moment in which an originary phenomenon becomes a decisive historical norm. In his ‘history’ of the bio-political, therefore, Agamben identifies the modernity of the latter in terms of the historical normalization of an in-distinction between law and life that has always already occurred. (shrink)

This paper explores the relationship between revolution and corruption in Jean Genet’s accounts of the Palestinian movement in his final work, Prisoner of Love. For Genet, corruption does not simply expose the actions of a revolutionary subject as an empty impersonation, performed for the actual ends of acquiring personal power and fortune. Rather, it exposes the ‘pretension’ inherent in the revolution it undermines as well as in the accumulation of value. For Genet, the misappropriation of money by the Palestinian leadership (...) makes manifest the imaginary character of both devotion to a revolutionary cause and greed for the commodity-fetish. Corruption, in other words, betrays revolution as well as the ‘imaginary wealth and power’ which the ‘game of revolution’ attempts to destroy. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

This essay considers Deleuze and Guattari’s paradoxical claim that Marx’s critique of political economy implies as a universal history derived from the singular features of capitalism. In this critique, capitalism is defined by the commodity form, as a relationship of economic equivalence that replaces the bonds of dependence underlying other social formations. By negating relations of kinship and caste, capitalism reveals, a contrario, the universal foundation of other societies. As the “negative of all social formations,” capitalism conditions a universal history, (...) defined, retrospectively, from the singular standpoint of a society, based upon the negation of kinship and caste. In this universal history, moreover, the negation of capitalism is identified with the possibility of a new and equally singular form of society. In Anti-Oedipus, the latter is defined as a “schizophrenic” condition liberated from the commodity as well as from the bonds of dependence that constituted the universal foundation of earlier societies. (shrink)

We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...) purpose in common laws of contract. The formalism is based on modular argumentation, a recently proposed extension of assumption-based argumentation for modelling contract dispute resolution. (shrink)

No século XXI, o mundo se depara com grandes desafios políticos em relação à cultura, à sociedade e, especialmente, ao meio ambiente, não obstante desfrutar de brilhantes conquistas na ciência e na tecnologia, e, sobretudo, naeconomia. Observa-se que estesdesafios aumentam cada vez mais, e afetam a sobrevivência humana. Desse modo, buscar o desenvolvimento sustentável deve se tornar o objetivo central nas políticas de cada país.De acordo com a ideia de desenvolvimento social, segundo o pensamento de Ho Chi Minh, as decisões (...) políticas devem partir do povo, uma vez que é ele próprio o sujeito da história. Nas sendas deste pensamento, destacamos o papel do povo vietnamita, ligado profundamente ao desenvolvimento sustentável. Todo esforço deve consistir no trabalho de organizar os recursos do povopara desenvolver o país. Nesse sentido, o pensamento de Ho Chi Minh sobre a organização social não deve se valer, apenas, daqueles que participaram da revolução pela independência do Vietnã, mas deve se dar como força motriz para o desenvolvimento sustentável. Isto posto, temos que,junto àideia de desenvolvimento sustentável, é necessário desenvolver outros setores como a economia, a cultura e a sociedade, promovendo o estado de bem-estar social, elevando o Vietnã ao estágio de desenvolvimento de outros países.Nessa toada, o crescimento econômico deve refletir o progresso e a justiça social, traduzido em qualidade de vida e erradicação da pobreza. Assim, nosso objetivo neste artigo é investigar acerca das condições de aplicabilidade das ideias políticas de Ho Chi Minh sobre o papel do povo como sujeito do progresso, a fim de termos uma base de discussão sólida para a propositura de umprograma de desenvolvimento sustentável no Vietnã hoje. (shrink)

Crime victims are forgotten in criminal proceedings. Criminal justice systems tend to treat crime victims quite poorly, but, when they deal with child victims, their frequent failure to respect the child’s rights finds no excuse. Law enforcement and criminal justice interventions made in the name of protecting children against violent crime often fail to consider what is truly in the best interests of the child and end up further victimizing the child victims. Vietnam has instituted justice reforms that recognize the (...) need for special measures to protect the rights of child victims and witnesses of crime. This article reviews the progress achieved in implementing these reforms and points at several areas where implementation has been slow or further reforms are needed. Based on a comparative legal analysis, the article exemplifies how legal semiotics can contribute to an understanding of the complexity of policy transfer in the area of justice and human rights. (shrink)

Business ethics in the socialist-oriented market economy in Vietnam.

Torture is unequivocally prohibited under all circumstances, whether in peacetime, wartime, or during a state of national emergency. Any justification for the use of torture is indefensible under international law. The prohibition of torture constitutes a peremptory norm (jus cogens) of international law, binding upon all states that have ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This paper examines the provisions of the CAT in relation to Vietnam’s legal framework governing the rights (...) of the accused in criminal proceedings. The analysis reveals that Vietnam’s legal provisions lack the necessary clarity and specificity, contributing to the continued occurrence of torture coupled with an inaccurate statistical recording of such cases. To align more closely with the CAT and enhance the protection of human rights, this paper argues for the imperative need to strengthen Vietnam’s Penal Code and criminal procedure laws. Furthermore, the establishment of robust enforcement mechanisms is essential to ensuring compliance and effectiveness. The author recommends the development of a comprehensive legal framework dedicated to the protection of human rights and the formulation of strategic measures aimed at preventing torture. (shrink)

This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the poisonous tree” doctrine, with the inquisitorial system of Vietnam. The U.S. model, emphasizing the exclusion of unlawfully obtained evidence to protect the presumption of innocence and ensure fair trials, relies on the Fourth Amendment to prevent police misconduct. Conversely, Vietnam, with its focus on uncovering the truth, has started to adopt adversarial elements, including evidence exclusion, to align with international (...) standards and enhance human rights protections within its criminal justice system. The research examines the application of the “fruit of the poisonous tree” doctrine in the U.S. and its implications for Vietnamese legal reforms, especially the proposed amendments to Article 87 of Vietnam's Criminal Procedure Code. These reforms aim to exclude unlawfully obtained evidence while allowing for the use of evidence collected independently from illegal actions. Highlighting the need for a balanced approach that respects procedural rights and promotes justice, the study advocates for comprehensive legal reforms in Vietnam. It suggests amendments to refine evidence exclusion principles, ensuring they reflect both the Vietnamese context and the progressive features of U.S. criminal justice practices, thereby enhancing the fairness and integrity of criminal proceedings. (shrink)

Discovering high-utility itemsets (HUIs) consists of finding sets of items that yield a high profit in customer transaction databases. An important limitation of traditional high-utility itemset mining (HUIM) is that only the utility measure is used for assessing the interestingness of patterns. This leads to finding several itemsets that have a high profit but contain items that are weakly correlated. To address this issue, this paper proposes to integrate the concept of correlation in HUIM to find profitable itemsets that are (...) highly correlated, using the all-confidence and bond measures. An efficient algorithm named FCHM (fast correlated high-utility itemset miner) is proposed to efficiently discover correlated high-utility itemsets (CHIs). Two versions of the algorithm are proposed: FCHM|$_{all\text{-}confidence}$| and FCHM|$_{bond}$|⁠, which are based on the all-confidence and bond measures, respectively. An experimental evaluation was done using four real-life benchmark datasets from the HUIM literature: mushroom, retail, kosarak and foodmart. Results show that FCHM is efficient and can prune a huge amount of weakly CHIs. (shrink)

This article sheds light on the diversity of meanings and connotations that tend to be lost or hidden in translations between different conceptualizations of nature in East and South-East Asia. It reviews the idea of “nature” in Chinese, Japanese, Vietnamese, Filipino, Tagalog, Cebuano, Lumad, Indonesian, Burmese, Nepali, Khmer, and Mongolian. It shows that the conceptual subtleties in the conceptualization of nature often hide wider and deeper cosmological mismatches. It concludes by suggesting that these diverse voices need to be represented in (...) global reports on sustainability, which can be fostered by the direct involvement of experts from diverse traditions of thought who have access and interpretative knowledge of sources in languages other than English. To take into consideration the diversity of conceptualizations of nature can lead to better decisions about sustainability and improve the acceptability and efficiency of environmental policies in each local context, as well as internationally. Solutions and policies on the ground must be designed based on the local conceptual and cultural frames. (shrink)

Despite some reforms in youth criminal justice policy, Vietnam keeps witnessing termed imprisonment as the most frequent sentence for young offenders. Taking this as the most urgent issue, the authors of this paper clarifies that the reasons for this phenomenon remain within the sentencing regime. Some derive from integrating juvenile sentencing regime into the traditional criminal system. The others come from Vietnamese traditional criminal law’s theoretical and practical controversies. In addition, the paper also discusses the ambiguity of the nature of (...) supervisory and educational measures and the issue of the discretion assigned to judicial authorities to the extent they harm upholding the child right-based approach. To conclude, the paper offers some recommendations for Vietnam to overcome these short- and long-term challenges. (shrink)

quyển 1: Triết lý tổng thể duy nhân.

Os pensamentos de Phan Boi Chau são uma valiosa herança histórica e uma fonte prática de inspiração, contribuindo para a construção de um Vietnã civilizado, moderno e único no futuro. Ao construir um país forte e desenvolvido no Vietnã, estudar os pensamentos de Phan Boi Chau fornece uma perspectiva abrangente sobre questões econômicas, políticas e sociais, encontrando assim soluções apropriadas para enfrentar os desafios modernos no contexto da globalização e garantindo um desenvolvimento sustentável e harmonioso. Este estudo, portanto, examina o (...) pensamento patriótico e as atividades revolucionárias de Phan Boi Chau (1867–1940), um proeminente pensador e ativista vietnamita no início do século XX. Empregando métodos materialistas dialéticos, analítico-sintéticos e históricos, a pesquisa investiga o papel de Phan Boi Chau na inspiração da luta vietnamita contra o colonialismo francês e sua evolução ideológica do confucionismo para princípios democráticos e socialistas. As descobertas revelam a liderança de Phan Boi Chau em movimentos como Duy Tan Hoi, Dong Du e Vietnam Quang Phuc Hoi, destacando sua ênfase estratégica em educação, esclarecimento e renascimento nacional. Apesar das limitações de seu caminho para a salvação nacional, as ideias e esforços de Phan Boi Chau criaram a base para movimentos revolucionários posteriores. O legado de Phan Boi Chau inspira patriotismo, resiliência e desenvolvimento intelectual na trajetória de desenvolvimento moderna do Vietnã. (shrink)