Roscoe Pound, in the introduction, gives a panorama of the various schools of legal philosophy, & places natural law in its proper perspective relative to ...

I will argue that the rule of recognition, as it has been conceived by Hart, is either a redundant, and hence mostly useless, concept, or a concept with limited explanatory potential —in either case, at best a concept whose scope is, in contemporary legal systems, much narrower than Hart envis- aged. I will also argue that the rule of recognition, in one of its possible (and plausible) reformulations, can nevertheless play a significant, non-redundant role, but only if employed in a (...) rather different way than the one proposed by Hart, as well as by much of post-Hartian positivist literatureResumen:En este artículo se argumenta que la regla de reconocimiento, tal como fuera concebida por Hart, es o bien un concepto redundante —y en consecuencia inútil— o un concepto limitado en su poder explicativo. En cualquier caso, se trata de un concepto cuyo alcance es, frente a los sistemas jurídicos contemporáneos, mucho más estrecho de lo que Hart pudo imaginar. De igual modo se argumenta que la regla de reconocimiento, en alguna de sus posibles (y plausibles) reformulaciones, puede tener a pesar de todo un papel significativo y no redundante, pero solamente si se emplea en un sentido radicalmente distinto al que propuso Hart o que se propone en buena parte de la literatura positivista posthartiana. (shrink)

BackgroundWe describe our experience from a multi-national application of a European Union-funded research-driven paediatric trial (DEEP-2, EudraCT 2012-000353-31; NCT01825512). This paper aims to evaluate the impact of the local and national rules on the trial authorisation process in European and non-European countries. National/local provisions and procedures, number of Ethics Committees and Competent Authorities to be addressed, documentation required, special provisions for the paediatric population, timelines for completing the authorisation process and queries received were collected; compliance with the European provisions were (...) evaluated. Descriptive analysis, Wilcoxon Rank-Sum test and General Linear Model analysis were used to determine factors potentially influencing the timelines. The Cluster Analysis procedure was used to identify homogenous groups of cases.ResultThe authorisation process was completed in 7.7 to 53.8 months in European countries and in 17.1 to 27.1 months in non-European countries. The main factors influencing these timelines were the requests for changes/clarifications in European countries and the different national legislations in non-European countries.ConclusionThis work confirms that the procedures and requirements for the clinical trial application of a paediatric trial are different. In the European Union, the timeframes for submission were generally harmonised but longer. In non-European countries, delays were caused by national dispositions but the entire authorisation process resulted faster with less requests from ECs/cas. The upcoming application of Regulation (EU) 536/2014 is expected to harmonise practices in Europe and possibly outside. Networks on paediatric research acting at international level will be crucial in this effort. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

O presente artigo tem por meta analisar a possibilidade de conciliação entre a determinação e a liberdade em Espinosa. Dessa maneira, o artigo iniciará tratando das duas séries causais indicadas por Espinosa no §100 do TIE: a “série das coisas fixas e eternas” e a “série das coisas singulares mutáveis”. A abordagem dessas duas séries causais tem por meta compreender o que as distingue e as implicações dessa distinção para a filosofia de Espinosa. Em seguida analisar-se-ão as noções de essência (...) objetiva e essência formal evidenciando que o que está em jogo em EIIP7 é a adequação entre essas duas essências, e não uma adequação entre a essência e a existência. Nesse momento também será evidenciado que o tipo de causalidade que está em jogo em EIIP7 e EIIP8 é uma causalidade imanente, do tipo todo-parte, a qual se faz entre o conjunto e seus subconjuntos: ser parte é ser um subconjunto de Deus. Feito isso, mostrar-se-á que no âmbito da existência dos subconjuntos — e não no âmbito de sua essência — é possível autonomia relativa interpares, desde que essa autonomia seja concebida como subordinada aos conjuntos anteriores. Nesse momento também será evidenciado em que medida os modos finitos podem ser deduzidos da substância infinita sem que isso implique a negação de sua liberdade. (shrink)

This paper examines Max Adler's philosophical thought, in order to elucidate how he was able to spot a religious meaning in the materialistic conception of history and to understand his connection to Judaism. The first part expounds on how the prominence of religious issues was perceived in the Marxist milieu; the second part analyzes Adler's particular position, above all in harmony with Kantian philosophy; and the third part brings out the essential differences between Adler's and Kant's ideas on religion. Finally (...) the paper shows how Adler's hope in an ultramundane salvation of mankind separates his interpretation from Jewish messianism. (shrink)

Augustine’s analysis of time in Book XI of Confessions represents for Ludwig Wittgenstein a good example of a philosophical question. In dealing with such theme, his thought undergoes relevant changes. In the Philosophical Remarks, written more than 10 years after the drafting of the Tractatus, the Austrian philosopher holds that the essence of the world can be expressed in the grammar of language. Philosophy as “custodian” of grammar can grasp the essence of the world by excluding nonsensical combinations of signs. (...) Philosopher, however, are often “tempted” to straightly describe the nature of the world, producing logical-grammatical paradoxes. An example of such a temptation is offered by the attempt to take hold of the essence of time using propositions like “only the present experience has reality.” The logical mistake hidden in this proposition lies in the bad use of the adjectival word “present” that would lose its everyday use and functional role in the language. Only comparing the term “present” with the background of other words referring to time experiences like “past,” “future,” and so on, we are able to understand the true sense of it. Engaging in a grammatical investigation into the notion of time helps us to dispel the different uses of it staving off logical muddles. Wittgenstein makes, in his lecture held at Cambridge in 1932–1933, a relevant distinction between what he calls “memory-time” and “information-time.” If the first can be understood as a now-centered system mostly expressed by indexical sentences or as an arrangement relied on memory, and therefore inadequate to give any external physical criteria for time measurements, the second clearly refers to a public chronology, implemented by clocks, calendars, diaries, and so on. Grammatical misconceptions, however occur when we are “tyrannized” by a metaphor and not able to “move outside of” it. The Austrian philosopher makes no secret of preferring a characterization of time that rejects a truth-functional interpretation. As for the notion of “game” in the Philosophical Investigations, it is impossible to have something like a common denominator shared by every sentence involving time. (shrink)

Giorgio Agamben's Homo Sacer was one of the seminal works of political philosophy in recent decades. It was also the beginning of a series of interconnected investigations of staggering ambition and scope, investigating the deepest foundations of Western politics and thought. The Use of Bodies represents the ninth and final volume in this twenty-year undertaking, breaking considerable new ground while clarifying the stakes and implications of the project as a whole. It comprises three major sections. The first uses Aristotle's (...) discussion of slavery as a starting point for radically rethinking notions of selfhood; the second calls for a complete reworking of Western ontology; and the third explores the enigmatic concept of "form-of-life," which is in many ways the motivating force behind the entire Homo Sacer project. Interwoven between these major sections are shorter reflections on individual thinkers, while the epilogue pushes toward a new approach to political life that breaks with the destructive deadlocks of Western thought. The Use of Bodies represents a true masterwork by one of our greatest living philosophers. (shrink)

Giorgio Levi Della Vida (1886-1967) was not only an eminent Islamologist, belonging to that tradition of Italian Oriental studies that stretches from Ignazio Guidi to Leone Caetani, Carlo Alfonso Nallino and Francesco Gabrieli - he was also a man with solid roots in his own time. He taught in Naples and Rome, then for the ten years 1939-1948 at the University of Pennsylvania. He was one of the few university teachers who, when the oath of loyalty to the Italian (...) fascist regime was introduced, in October 1931, opted not to accept that act of submission. (shrink)

How and why did experience and knowledge become separated? Is it possible to talk of an infancy of experience, a "dumb" experience? For Walter Benjamin, the "poverty of experience" was a characteristic of modernity, originating in the catastrophe of the First World War. For Giorgio Agamben, the Italian editor of Benjamin's complete works, the destruction of experience no longer needs catastrophes: daily life in any modern city will suffice. Agamben's profound and radical exploration of language, infancy, and everyday life (...) traces concepts of experience through Kant, Hegel, Husserl and Benveniste. In doing so he elaborates a theory of infancy that throws new light on a number of major themes in contemporary thought: the anthropological opposition between nature and culture; the linguistic opposition between speech and language; the birth of the subject and the appearance of the unconscious. Agamben goes on to consider time and history; the Marxist notion of base and superstructure (via a careful reading of the famous Adorno–Benjamin correspondence on Baudelaire's Paris); and the difference between rituals and games. Beautifully written, erudite and provocative, these essays will be of great interest to students of philosophy, linguistics, anthropology and politics. (shrink)

In this book the Italian philosopher Giorgio Agamben looks closely at the literature of the survivors of Auschwitz, probing the philosophical and ethical questions raised by their testimony."In its form, this book is a kind of perpetual commentary on testimony. It did not seem possible to proceed otherwise. At a certain point, it became clear that testimony contained at its core an essential lacuna; in other words, the survivors bore witness to something it is impossible to bear witness to. (...) As a consequence, commenting on survivors' testimony necessarily meant interrogating this lacuna or, more precisely, attempting to listen to it. Listening to something absent did not prove fruitless work for this author. Above all, it made it necessary to clear away almost all the doctrines that, since Auschwitz, have been advanced in the name of ethics."--Giorgio Agamben. (shrink)

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem (...) of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

What is a paradigm? -- Theory of signatures -- Philosophical archeology.

In this philosophical detective story, Giorgio Agamben reads the mysterious 1938 disappearance of atomic physicist Ettore Majorana as an intentional and decisive objection to how quantum physics had reduced the real to probability.

English, French, German, and Italian, with summaries in the same languages.

This volume constitutes the largest collection of writings by the Italian philosopher Giorgio Agamben hitherto published in any language and all but one appear in English for the first time. The essays consider figures in the history of philosophy (Plato, Plotinus, Spinoza, Hegel) and twentieth-century thought (Walter Benjamin, Heidegger, Derrida, Deleuze, the historian Aby Warburg, and the linguist J.-C. Milner). They also examine several central concerns of Agamben: the relation of linguistic and metaphysical categories; messianism in Islamic, Jewish, and (...) Christian theology; and the state and future of contemporary politics. Despite the diversity of the texts collected here, they show a consistent concern for a set of overriding philosophical themes concerning language, history, and potentiality. (shrink)

In this follow-up to The Kingdom and the Glory and The Highest Poverty, Agamben investigates the roots of our moral concept of duty in the theory and practice of Christian liturgy. Beginning with the New Testament and working through to late scholasticism and modern papal encyclicals, Agamben traces the Church's attempts to repeat Christ's unrepeatable sacrifice. Crucial here is the paradoxical figure of the priest, who becomes more and more a pure instrument of God's power, so that his own motives (...) and character are entirely indifferent as long as he carries out his priestly duties. In modernity, Agamben argues, the Christian priest has become the model ethical subject. We see this above all in Kantian ethics. Contrasting the Christian and modern ontology of duty with the classical ontology of being, Agamben contends that Western philosophy has unfolded in the tension between the two. This latest installment in the study of Western political structures begun in Homo Sacer is a contribution to the study of liturgy, an extension of Nietzsche's genealogy of morals, and a reworking of Heidegger's history of Being. (shrink)