Both decentralization of state law and cultural relativism have been fundamentally embedded in legal pluralism. As a scholarly trend in law and society, it has insightfully challenged the underpinnings of analytical positivist jurisprudence. Nevertheless, a theoretical concept of political power has significantly been missing in research on the plurality of legal practices in various jurisdictions. This Article aims to critically offer a theoretical concept of political power that takes legal decentralization and cultural relativism seriously and yet points to how and (...) where we should look into political power, assuming that legal pluralism itself may be a strategy of elites and nation-states amid globalization. First, the Article explores the contributions of legal pluralism, and its limits, in intellectually revolting against analytical positivist jurisprudence. Second, it explicates why a concept of political power has been missing, and why such a concept is required for better comprehension of legal pluralism. Third, it calls for a look into three sites of political power in the praxis of legal pluralism: politics of identities, non-ruling communities, and neo-liberal globalization. Last, the Article constructs a concept of political-legal transformations that enables us to unveil political power in the context of de-centralized legal pluralities. Power is produced in, resides in and is generated in the dynamic interactions between nation-states, localities and global agents. Transformative relations along these dimensions allow the nation-state to forfeit some elements of power, both in economics and in law, but they also enable it to maintain some essential ingredients of political power that are often veiled in the rhetoric of globalized pluralism. (shrink)

Legalistic discourse, lawyers and lawyering had minor representation during the 2011 summer protest events in Israel. In this paper we explore and analyze this phenomena by employing content analysis on various primary and secondary sources, among them structured personal interviews with leaders and major activists involved in the protest, flyers, video recordings made by demonstrators and songs written by them. Our findings show that participants cumulatively produced a pyramid-like structure of social power that is anchored in the enterprise of organizing (...) the protest. Our findings explicate how the non-legalistic and even anti-legalistic discourse of the protest was formed, shaped and generated within the power relations of the protest, and how a pyramid of power produced a new poetics of protest that rejected the traditional poetics of state law. The power relations that generated the discourse regarding state law were embedded in socioeconomic stratification along the divide of center and periphery in Israel. (shrink)

This 2010 text pursues Adam Smith's views on moral judgement, humanitarian care, commerce, justice and international law both in historical context and through a twenty-first-century cosmopolitan lens, making this a major contribution not only to Smith studies but also to the history of cosmopolitan thought and to contemporary cosmopolitan discourse itself. Forman-Barzilai breaks ground, demonstrating the spatial texture of Smith's moral psychology and the ways he believed that physical, affective and cultural distance constrain the identities, connections and ethical obligations (...) of modern commercial people. Forman-Barzilai emphasizes his resistance to the sort of relativism, moral insularity and cultural chauvinism that too often accompany localist critiques of cosmopolitan thought today. This is a fascinating, revisionist study that integrates the perspectives of intellectual history, moral philosophy, political theory, cultural theory, international relations theory and political economy, and will appeal across the humanities and social sciences. (shrink)

This book offers an original new account of one of Aristotle's central doctrines. Freudenthal He recreates from Aristotle's writings a more complete theory of material substance which is able to explain the problematical areas of the way matter organizes itself and the persistence of matter, to show that the hitherto ignored concept of vital heat is as central in explaining material substance as soul or form.

James S. Coleman was the major proponent of rational choice theory. This article challenges the traditional reading of his work by showing that under the explicit theory of rational choice lay a latent non-rational theory of action. The article shows that instead of rationality, Coleman's psychological starting point was existential insecurity; that instead of the alleged mechanism of the maximization of utility, actors choose to conform to peer values and norms in order to alleviate insecurity; and that the optimal setting (...) for action is provided by intimate and dense communities, rather than unregulated free markets. These three non-rational presuppositions are analyzed and it is suggested that they are crucial for understanding Coleman's assessment of modernity, social change and his call for the rational reconstruction of society. (shrink)

This book begins with Derrida's text, based on a lecture he gave in Montreal and is followed by two texts commenting on it. Derrida gives one of his most precise developments on the notion of 'l'événement' (event), that which comes to disturb the course of history and thus escapes the normal ways of being told and understood. His thought on the topic is crucial for future research on literature as testimony, refering to abnormal conditions of experience whose nature exceeds usual (...) narrative norms. This work is on two components of European culture : French West Indian and Black British literature (memory of slavery) and Spanish literature (civil war and refugees camps). Ce volume prolonge les réflexions du séminaire tenu à Montréal, articulé autour de la question " Dire l'événement, est-ce possible ? ". Les contributions de Gad Soussana ("De l'événement depuis la nuit" suivi de "Arriver") et d'Alexis Nouss ("Parole sans voix") tentent d'en prendre la mesure à partir des problématiques de l'origine et du posthume. Mais l'essentiel, en elles, aura été de susciter la réponse de Jacques Derrida : " Une certaine possibilité impossible de dire l'événement ". Plus qu'une simple rencontre, ce séminaire explicite la présence d'une pensée de l'événement au cœur de l'œuvre littéraire et de l'œuvre philosophique. (shrink)

This article takes a clear-cut case in which a historian ascribes to a writer a concept which neither the writer nor his contemporaries had the linguistic means to express. On the face of it the case may seem a violation of a basic methodological maxim in historiography: "avoid anachronistic ascriptions!" The aim of the article is to show that Koyré's ascription, and others of its kind, are legitimate; and that the methodological maxim should not be given the strict reading which (...) some writers recommend. More specifically, the conceptual repertoire of historical figures need not be reconstructed solely in terms of the social and linguistic conventions of their time and place. (shrink)

How do the variegated forms of sublunar substances arise in prime matter? Averroes throughout his life believed that “a principle from without” was involved, but changed his mind over its identity. While in an early period of his life he maintained that all forms emanate from the active intellect, he later discarded that metaphysical notion and sought to develop a more naturalistic, astrologically inspired account, which identified the heavenly bodies as the source of sublunar forms. Comparing different versions of Averroean (...) texts, this paper seeks to spell out how, in Averroes' view, the heavenly bodies generate forms in matter. Averroes claims that this is brought about by means of their “heats,” an answer that is however problematic seeing that in the Aristotelian cosmology the celestial realm is quality-less. The paper examines Averroes' ideas on the relationship between light and heat, concluding that the Commentator was unable to integrate the postulate that the heavenly bodies inform matter within his Aristotelian theory of matter. (shrink)

The development of modern Chinese thought involves an ongoing interaction between internal processes and impacts of foreign ideas. Several intellectual controversies are interwoven into its history and among these one of the more philosophical ones began some 90 years ago, in 1923. In this controversy, supporters of science or scientism and supporters of metaphysics or Confucian tradition debated issues of what both sides referred to as "the view of life." The study of the view of life controversy by Gad C. (...) Isay discusses the positions of the view of life supporters who upheld metaphysics against scientism. It focuses on both the philosophical merit of their views and the relevance of these views to the question of culture in modern China. Considering the sources of the view of life problem in traditional Chinese thought and the discussions that followed after the controversy, it is argued that the view of life question was a central theme in Chinese thought from its beginning. In this respect, modern discussions of this problem indicate continuity with the past. However, these discussions demonstrate too, the dynamics of changing conceptions regarding the context of human relationships that are related directly to the meeting with the West. Isay's study traces the development of these discussions from their beginning up to our days giving a comprehensive survey of the philosophy of the view of life in modern Chinese thought. (shrink)

Since the 1980s the concept of ANT has remained unsettled. ANT has continuously been critiqued and hailed, ridiculed and praised. It is still an open question whether ANT should be considered a theory or a method or whether ANT is better understood as entailing the dissolution of such modern ‘‘genres’’. In this paper the authors engage with some important reflections by John Law and Bruno Latour in order to analyze what it means to ‘‘do ANT,’’ and, doing so after ‘‘doing (...) ANT on ANT.’’ In particular the authors examine two post-ANT case studies by Annemarie Mol and Marilyn Strathern and outline the notions of complexity, multiplicity, and fractality. The purpose is to illustrate the analytical consequences of thinking with post-ANT. The analysis offers insights into how it is possible to ‘‘go beyond ANT,’’ without leaving it entirely behind. (shrink)

The degradation of the majority of cellular proteins is mediated by the proteasomes. Ubiquitin‐dependent proteasomal protein degradation is executed by a number of enzymes that interact to modify the substrates prior to their engagement with the 26S proteasomes. Alternatively, certain proteins are inherently unstable and undergo “default” degradation by the 20S proteasomes. Puzzlingly, proteins are by large subjected to both degradation pathways. Proteins with unstructured regions have been found to be substrates of the 20S proteasomes in vitro and, therefore, unstructured (...) regions may serve as signals for protein degradation “by default” in the cell. The literature is loaded with examples where engagement of a protein into larger complexes increases protein stability, possibly by escaping degradation “by default”. Our model suggests that formation of protein complexes masks the unstructured regions, making them inaccessible to the 20S proteasomes. This model not only provides molecular explanations for a recent theoretical “cooperative stability” principle, but also provokes new predictions and explanations in the field of protein regulation and functionality. BioEssays 28: 844–849, 2006. © 2006 Wiley Periodicals, Inc. (shrink)

This article addresses the concept of “industrial interests” and examines its role in a topical controversy about a large research grant from a private foundation, the Novo Nordisk Foundation, to the University of Copenhagen. The authors suggest that the debate took the form of a “public trial” where the grant and close(r) intermingling between industry and public research was prosecuted and defended. First, the authors address how the grant was framed in the media. Second, they redescribe the case by introducing (...) new “evidence” that, because of this framing, did not reach “the court.” The article ends with a discussion of some implications of the analysis, including that policy making, academic research, and public debates might benefit from more detailed accounts of interests and stakes. (shrink)

In this essay the author explores the relation between sympathy and proximity in Adam Smith’s Theory of Moral Sentiments. The essay proceeds in two parts. First, the author demonstrates that Smith’s description of our various attachments and affections, and the inevitable conflicts among them, draws us into the rich spatial texture of sympathetic response and stimulates further inquiry into a variety of spaces in which sympathetic activity takes place. In the second part, the author explores three such spaces—the physical, the (...) affective, and the historical/cultural—to critique the way that some contemporary moral and political theorists have appropriated Smith’s account of sympathy as a tool for cosmopolitan aspirations. To what extent can Smith’s sympathy model detach us from and get us beyond the partiality and particularity generated by our physical, affective, and cultural entanglements. (shrink)

R. Saadia Ga'on, which is known to have been substantially influenced by Saadia, in fine is also indebted to Stoic philosophy and physics.

What can be inferred from the fact that something is, or is not, conceivable? In this paper I argue, contrary to some deflationary remarks in recent literature, that arguments which use such facts as their starting point may have significant philosophical import. I use Strawson's results from the first chapter of "Individuals" in order to show that Galileo's arguments in favor of the distinction between primary and secondary qualities, which are based on premises concerning conceivability, should not be dismissed: they (...) are the first step towards recognizing an important conceptual truth. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.2 (2003) 273-274 [Access article in PDF] Christoph Lüthy, John E. Murdoch, and William R. Newman, editors. Late Medieval and Early Modern Corpuscular Matter Theories. Leiden: Brill, 2001. Pp. viii + 610. Cloth, $186.00. The nineteen papers of this weighty (handsomely produced, but expensive) volume are mostly devoted to the views of one thinker or group of persons on "corpuscularism" (see 17ff.), in (...) either physics or mathematics, with few synthetic or diachronic studies. Only a quarter of the volume is devoted to the medieval period: Danielle Jacquart on minima in the Salerno school of medicine (twelfth century); the late George Molland on Roger Bacon's and Grosseteste's "corpuscular tendencies"; Charles Lohr on Ramon Lull; John Murdoch on minima naturalia in the medieval and Renaissance periods; and the greater part of William Newman's study of corpuscularian conceptions in "Aristotelian alchemy" from Geber to Sennert. The early-modern part includes studies on mostly expected figures: Francesco Patrici, Giordano Bruno, the Northumberland circle, Francis Bacon, David Gorlaeus (a little-known Dutch theology student; 1591-1612, sic), Daniel Sennert, Honoré Fabri, Galileo, Gassendi, Charleton, Boyle, Locke, and Homberg. Alan Gabbey more generally distinguishes different patterns of explanations in mechanical philosophy.As far as I can judge, the authors are knowledgeable and competent, and the studies make important contributions. But just because this is a high-quality volume produced with the ambition of making a step toward rewriting the history of a major chapter in the history of science, its two significant and principled deficiencies must be pointed out.The volume follows the intention of "show[ing] the debt of early-modern matter theory to previous traditions and thereby [explaining] its bewildering heterogeneity" (back cover). Now, the study of the corpuscular traditions in the pre-modern period is certainly an important desideratum (although this volume again attends chiefly to the early modern corpuscularians). But the motivation and perspective here announced—the medieval period [End Page 273] is to be studied because early modern science is indebted to it—are astoundingly Whiggish. Worse: the study of the entire Arabic-Islamic tradition is dismissed, on the grounds that "Islamic atomism does not seem to have been of any influence upon Christian fourteenth-century atomism" (8): this is not only Whiggism, but also frank and explicit euro- and Christian-centrism, which in the beginning of the twenty-first century is simply stunning. The method amusingly consists in affirming the consequent: presupposing that "Islamic atomism" did not influence the West and early-modern science, no scholar was asked to examine whether or not this was indeed the case, with the congenial result that the volume seemingly confirms the initial presupposition. Q.E.D. Similarly and no less regrettably, the fact that (ps.-) Geber's Summa Perfectionis is not, as Lasswitz had thought, the translation of an Arabic work is here used as grounds on which to dismiss altogether his claim concerning the importance of the Arabic input (13, but see also 293). This way, incomprehension between civilizations is reinforced instead of being reduced, and I believe we did not need September 11 to know this.The thusly dismissed Mu'tazilite school of Islamic theology had important repercussions in Judaism, so that referring to it as "Islamic atomism" is misleading (see notably Hagai Ben-Shammai, "Studies in Karaite Atomism," Jerusalem Studies in Arabic and Islam 6 [1985]: 243-93). The volume's forty-page cumulative bibliography, for which the editors are to be congratulated, reflects the volume's parochial viewpoint: H. A. Wolfson's important The Philosophy of the Kalam (Cambridge, MA: Harvard University Press, 1976), with some 150 pages on atomism, is not included; nor is the (English version of the) landmark study by the late S. Pines, Studies in Islamic Atomism (Jerusalem: The Magnes Press, 1997; the original 1936 German version is mentioned). Wolfson's study, incidentally, shows that the editors' presupposition (8) that the Kalâm tradition could have influenced the West only via the Latin translation of Maimonides' Guide of the Perplexed is unwarranted, for Isaac... (shrink)

While Qian Mu intentionally avoided systematic philosophical arguments, his references to memory, language, and emotions, as expressed in a book he wrote in 1948, were suggestive of new interpretations of traditional Chinese, and especially Confucian, ideas such as human autonomy, mind, human nature, morality, immortality, and spirituality. The foremost contribution of Qian’s humanist synthesis rests in its articulation of the idea of the person. Across the context of memory, language, and emotions, the tiyong dynamics of mind and human nature recreate, (...) in modern terms, the traditional Chinese concept of the person who is individually unique and simultaneously interrelated. Avoiding the extreme polarities of individualism and collectivism, he stresses rather their coexistence. His synthesis explains to the Chinese people something about who they are, the meaning in life in the framework of their culture, and how their (revitalized) way of life is at its best in the most important area, that of human relations. (shrink)

Numerous sex differences in obsessive-compulsive disorder (OCD) instantiations are likely universal, as the associated evolutionary threats and concerns onto which they map were differentially important to the two sexes. Hence, although some ritualized behaviors or thoughts are indeed culture-specific, others are both culturally and temporally invariant as they are rooted in universal Darwinian etiologies (e.g., the sex differences in OCD symptomatology posited here). (Published Online February 8 2007).

The emerging discipline of complexity science, applied to the social sciences, seeks to study the rise of human civilization as a part of a natural, evolving biological system that exploits energy resources to fuel its growth into a complex social system. In order to understand the whole system, the reductionist approach, typical to Western science, must be supplanted. The atomistic study of various scientific fields as separate mechanical parts of the system must be broadened, creating a more holistic view of (...) human culture as an integral part of larger universal process of evolution and creation. In this article I wish to integrate the various scientific fields, including physics, chronobiology, biology, evolutionary psychology, and the social sciences, to achieve a unified understanding of our cultural evolution. (shrink)

In the Theory of Moral Sentiments, Adam Smith observed that we live in a fundamentally conflictual world. Although he held that we are creatures who sympathize, he also observed that our sympathy seems to be constrained by geographical limits. Accordingly, traditional theories of cosmopolitanism were implausible; yet, as a moral philosopher, Smith attempted to reconcile his bleak description of the world with his eagerness for international peace. Smith believed that commercial intercourse among self‐interested nations would emulate sympathy on a global (...) scale, balancing national wealth and international peace without a coercive apparatus to enforce compliance with international law. (shrink)

By integrating the entire body of research in human sexual dynamics, immune responses, and sociocultural behavior, we can conclude that the mass hysteria our society is currently experiencing originates in our evolved psychological adaptations to pandemic conditions [i]. A lack of hormonal balance [ii], due to a collapse in testosterone levels, may cause a disproportionate immune response that leads to the destruction of our cherished sociopolitical institutions—the very institutions that are design to protect human liberty and prosperity. What is playing (...) out at a societal level is similar to an excessive immune response that causes the body to attack itself: decreased testosterone causing the kind of auto-immune response that is more prevalent in females. [i] Barzilai, R.. Low Solar Activity, Winter Flu Conditions, Pandemics and Sex Wars: A Holistic View of Human Evolution. Science & Philosophy, 8. Doi: 10.23756/sp.v8i1.514 [ii] Barzilai, R.. Solar cycles, light, sex hormones and the life cycles of civilization: Toward integrated chronobiology. Science & Philosophy, 7. doi: 10.23756/sp.v7i2.483. (shrink)

In this article, I address Rousseau's evolution as a political thinker between the years 1750 and 1753, during which time his critics challenged him to square the radical implications of his Discours sur les sciences et les arts with the realities of eighteenth-century European life. It was in the course of replying to his critics that Rousseau first adopted what I refer to as a more contextual orientation to political institutions. I argue that Rousseau's ostensibly Montesquieuian turn in the replies (...) sustained his claim in the Lettre a d'Alembert that theatre, the scourge of Geneva's republican simplicity, might nevertheless serve a useful function in Paris, where meurs, in Rousseau's estimation, had lapsed already to a point of irreversible corruption. I conclude that this contextual orientation to institutions guided much of Rousseau's subsequent thought about political reform in the modern republic. (shrink)

"Here, for the first time, we have the work of a key pioneer presented in all its depth and range. The pragmatic and prophetic voice of Joseph Ben-David speaks with a power and a clarity that will win the attention of a new generation of scholars."--Arnold Thackray, University of Pennsylvania "A superb collection of brilliant papers by a pioneering mind of international fame, who did much to shape the sociology of science. In organizing this major work, its knowing editor, Gad (...) Freudenthal, has identified a remarkable sociological edifice that exhibits the theoretical coherence of Joseph Ben-David's many-sided and evolving contributions to the field."--Robert K. Merton, Columbia University. (shrink)

Fortunately, there is heat; and Freudenthal is keen to promote it as an overlooked central factor in Aristotle’s theory of material substance. He begins in agreement with the many scholars who argue that Aristotle’s theory of the four elements underdetermines the plain fact that there are organic substances which exhibit both synchronic and diachronic unity. He goes further than most, however, by arguing that left unaugmented Aristotle’s account of the four basic elements would positively preclude the existence of these forms (...) of unity. For Aristotle embraces the Presocratic picture of the four elements as engaged in “endemic strife”, so constituted that their natural propensities lead them to separate and dissolve rather than to unite and synthesize. Thus, for example, each of the four elements has a natural direction, which ought to result in fire and air ever moving upward and away from earth and water, which will move downward if unimpeded. Hence, as Aristotle himself recognizes, some agent force is required to hold the four elements together when they are mixed. (shrink)

The current spread of coronavirus has caught our modern world by surprise, which leads to widespread panic, fear and confusion. However, if we view the unfolding of these events from a scientific historical perspective of past human evolution, we may discover the reoccurring patterns of the environmental conditions that give rise to such epidemics. Hence, we can figure out better methods to prepare and react to the infectious agents that spread diseases that have shaped the course of human history before. (...) Here, I propose a holistic view of human evolution, with an interdisciplinary approach that studies how cyclic variation in solar UV energy affects the evolution of viruses and shapes the symbiotic dynamics of human life on earth. (shrink)

[1]: meha-haḳdamah ṿe-ʻad pereḳ 19 --.