In contrast to the fruitful relationship between psychoanalysis/psychoanalysts and the humanities, institutionalized psychoanalysis has been largely resistant to the integration of psychoanalysis with other empirical branches of knowledge, as well as clinical ones [primarily cognitive-behavioral therapy ]. Drawing from two decades of theoretical and empirical work on psychopathology, psychotherapy, and psychoanalysis, the author aims to show how a reformulation of object relations theory using psychological science may enhance a clinical-psychoanalytic understanding and treatment of suicidal depression, which constitutes one of the (...) most formidable health challenges of our time. Specifically, he rewrote the notion of Melanie Klein positions—primarily the depressive position—using extant knowledge of structure of emotions, the centrality of mental representations of the future and the toxic nature of criticism-based emotions. This reformulation enables a dialog between clinical psychoanalysis and other therapeutic schools of thought and sheds light on the understanding and treatment of suicidal depression. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Introducing a “Deleuze Effect” into PsychiatryLarry Davidson (bio) and Golan Shahar (bio)Keywordsdesire, intentionality, psychopathology, agency, action theory, desiring-production, active and reactive forcesYou have to keep small rations of subjectivity in sufficient quantity to enable you to respond to the dominant reality.(Deleuze and Guattari 1987160)We are very pleased with the variety of responses our article has generated thus far and hope that it continues to provoke dialogue. That (...) was, we think, our in tent—should we be allowed to hold on to any such “thing” as an intention. We also take the diversity of these responses to reflect one of our key challenges in using Deleuze’s thought to reform (as op posed merely to inform) psychiatric practice: How to make a radical philosophy accessible enough to a broad enough audience for it to bring about substantive, real change in an existing culture in the hic et nunc, the here and now. That is why we chose the quotation above from Mille Plateaux. Even Deleuze (with Guattari) encourages us to keep “small rations” of subjectivity at hand if we are interested in responding to the “dominant reality.” And that has been our main agenda; to engage with the dominant reality of deficit-based psychiatric theory and practice to overturn it, or, in Clegg’s terms, “explode” it from within.In this regard, we certainly agree with Evangelista and Clegg that much more remains to be done, both in developing our position and in exploring its implications for practice. We view our “Deficit to Desire” paper as simply a first step in this direction (e.g., Shahar and Davidson, in press). We thought it necessary first, as we wrote in the original paper, to articulate the theoretical underpinnings of an action model for clinical understanding and practice “at a philosophical level of discourse on the one hand, but also in such a way that they provide a concrete, substantially different point of departure for empirical studies of psychopathology, on the other.” But why is this important, and what implications does it have for our response to these three thoughtful commentaries?A first implication is that our primary aim is not to provide a comprehensive exposition of Deleuze’s thought. In our opinion, even attempting to give a comprehensive exposition of Deleuze’s thought would actually go directly against its main thrust, which we view as to ignite and propagate ever new and creative lines of flight which carry desiring-production into “a small plot of new land at all times” (Deleuze and Guattari 1987, 161). “Experiment,” entreats Deleuze, “don’t interpret” (Deleuze and Guattari 1987, 139). We would guess, in fact, that Deleuze no more wanted to [End Page 243] produce Deleuzeans than Kierkegaard wanted disciples going around the Danish countryside after his death spreading the word that Kierkegaard did not want disciples going around the Danish countryside after his death (one of our favorites among his many ironies). So although we agree that there is much more in Deleuze’s thought than what is contained in our paper, we think that to some degree it misses its point. In Deleuzean fashion, we want to use the “Deleuze effect” to bring radical change to psychiatry (and we appreciate the irony of that too). Although both Evangelista and Clegg seem to welcome this effort, despite their misgivings, Weiner clearly is worried. Weiner also seems to have had the most intimate experience of the psychiatric system—that is, is most familiar with the world we are trying to change—so we focus in particular on his very understandable concerns.It also happens to be the case that focusing on Weiner’s concerns brings us immediately back to the nature of the effect we were hoping to have. Weiner explains that people with serious mental illnesses are “oppressed from within” and that their affliction seems to be coming “from a seemingly autonomous place” that is “within us, but not ultimately of us.” We could not agree more, and appreciate the lucidity and eloquence with which he makes this astute and important point. Several years ago, one of us even attempted a Husserlian-inspired analysis of how a person... (shrink)

Emerging action perspectives on psychopathology depict individuals as actively shaping those environmental conditions that then impact on their risk for psychopathology, resilience in the face of it, and successful recovery from it. This view, although having important implications for research and clinical practice, has yet to be articulated in terms of its underlying philosophical framework. To begin to address this challenge, we situate action theory in the context of the writings of Deleuze and Guattari, who, in their seemingly anti-psychiatric series (...) entitled Capitalism and Schizophrenia, argue for the central role of human agency as a fundamentally active force in determining subjective life. Within this context, they propose an alternative approach to the current deficit focus of much psychopathology research, replacing the notion of deficit with a fundamentally productive notion of desire (what they call “desiring-production”). After our exposition of this philosophical perspective on human agency, implications of this approach for action-informed research and clinical practice are discussed. (shrink)

Sleep-related experiences [Watson, D. . Dissociations of the night: Individual differences in sleep-related experiences and their relation to dissociation and schizotypy. Journal of Abnormal Psychology, 110, 526–535] refer to a host of nocturnal altered-consciousness phenomena, including narcoleptic tendencies, nightmares, problem-solving dreams, waking dreams, and lucid dreams. In an attempt to clarify the meaning of this construct, we examined cross-sectional and longitudinal associations of sleep-related experiences , altered-consciousness tendencies , psychological distress, childhood maltreatment , and life stress in young adults. Both (...) types of SREs were found to be distinguishable from altered-consciousness tendencies. Transliminality emerged as a longitudinal predictor of both general SREs and lucid dreams. Psychological distress and an increase in life stress predicted an increase in general SREs over a 3-month interval. We conclude that transliminality is a general altered-consciousness trait that accounts for some of the individual differences in sleep-related experiences, and that general sleep experiences are an outcome of psychological distress and life stress. (shrink)

We suggest that the network approach to comorbidity (Cramer et al.) is best examined by using longitudinal, multi-measurement, intra-individual data. Employment of time-series analysis to the examination of the generalized anxiety disorder and major depressive disorder comorbidity enables a detailed appreciation of fluctuations and causal trajectories in terms of both symptoms and cognitive vulnerability.

Erdelyi's two key tenets – that repression may be conscious (“suppression”) and that it is context-sensitive – resonate well with findings on unipolar depression. Drawing from this field, I argue that (1) “oppression,” namely, pressure from significant others to refrain from attending to certain mental contents, influences individuals' repression/suppression; and that, (2) individuals actively create the very contexts that facilitate their repression/suppression.

I explore, from a proof-theoretic perspective, the hierarchy of classical and paraconsistent logics introduced by Barrio, Pailos and Szmuc in (Journal o f Philosophical Logic,49, 93-120, 2021). First, I provide sequent rules and axioms for all the logics in the hierarchy, for all inferential levels, and establish soundness and completeness results. Second, I show how to extend those systems with a corresponding hierarchy of validity predicates, each one of which is meant to capture “validity” at a different inferential level. Then, (...) I point out two potential philosophical implications of these results. (i) Since the logics in the hierarchy differ from one another on the rules, I argue that each such logic maintains its own distinct identity (contrary to arguments like the one given by Dicher and Paoli in 2019). (ii) Each validity predicate need not capture “validity” at more than one metainferential level. Hence, there are reasons to deny the thesis (put forward in Barrio, E., Rosenblatt, L. & Tajer, D. (Synthese, 2016)) that the validity predicate introduced in by Beall and Murzi in (Journal o f Philosophy,110(3), 143–165, 2013) has to express facts not only about what follows from what, but also about the metarules, etc. (shrink)

Climate change is already a major global threat, but many of its worst impacts are still decades away. Many people who will eventually be affected by it still have opportunities to mitigate harm. When considering the avoidable burdens of climate change, it seems plausible victims will often share some responsibility for putting themselves into harm’s way. This fact should be incorporated into our thinking about the ethical significance of climate-induced harms, particularly to emphasize the importance of differential abilities to get (...) and stay out of harm’s way. Currently, many people face serious obstacles to reducing their vulnerability to climate change, such as poverty, lack of education, and political or legal obstacles to mobility. Climate policy discussions should do more to emphasize the alleviation of these sources of difficulties, thereby empowering people to choose what risks they will bear in a warming world. (shrink)

Minimally inconsistent LP (MiLP) is a nonmonotonic paraconsistent logic based on Graham Priest's logic of paradox (LP). Unlike LP, MiLP purports to recover, in consistent situations, all of classical reasoning. The present paper conducts a proof-theoretic analysis of MiLP. I highlight certain properties of this logic, introduce a simple sequent system for it, and establish soundness and completeness results. In addition, I show how to use my proof system in response to a criticism of this logic put forward by JC (...) Beall. (shrink)

Graham Priest has formulated the minimally inconsistent logic of paradox (MiLP), which is paraconsistent like Priest’s logic of paradox (LP), while staying closer to classical logic. We present logics that stand to (the propositional fragments of) strong Kleene logic (K3) and the logic of first-degree entailment (FDE) as MiLP stands to LP. That is, our logics share the paracomplete and the paraconsistent-cum-paracomplete nature of K3 and FDE, respectively, while keeping these features to a minimum in order to stay closer to (...) classical logic. We give semantic and sequent-calculus formulations of these logics, and we highlight some reasons why these logics may be interesting in their own right. (shrink)

In this book, Tal Ben-Shahar introduces a new interdisciplinary field of study that is dedicated to exploring happiness. The study of happiness ought not be left to psychologists alone. Philosophers, theologians, biologists, economists, and scholars from other disciplines have explored ways of attaining happiness, and to do justice to this important pursuit, we ought to listen to their words and experiment with their prescriptions. Not only does the field of happiness studies embrace different disciplines, it also approaches happiness as (...) a multifaceted and multidimensional variable that includes five parts which form the acronym SPIRE: Spiritual wellbeing Physical wellbeing Intellectual wellbeing Relational wellbeing Emotional wellbeing This book addresses each of these elements of happiness, explains them, and addresses practical ways for their cultivation. (shrink)

Substructural solutions to the semantic paradoxes have been broadly discussed in recent years. In particular, according to the non-transitive solution, we have to give up the metarule of Cut, whose role is to guarantee that the consequence relation is transitive. This concession—giving up a meta rule—allows us to maintain the entire consequence relation of classical logic. The non-transitive solution has been generalized in recent works into a hierarchy of logics where classicality is maintained at more and more metainferential levels. All (...) the logics in this hierarchy can accommodate a truth predicate, including the logic at the top of the hierarchy—known as CMω—which presumably maintains classicality at all levels. CMω has so far been accounted for exclusively in model-theoretic terms. Therefore, there remains an open question: how do we account for this logic in proof-theoretic terms? Can there be found a proof system that admits each and every classical principle—at all inferential levels—but nevertheless blocks the derivation of the liar? In the present paper, I solve this problem by providing such a proof system and establishing soundness and completeness results. Yet, I also argue that the outcome is philosophically unsatisfactory. In fact, I’m afraid that in light of my results this metainferential solution to the paradoxes can hardly be called a “solution,” let alone a good one. (shrink)

The increasing awareness of personal health responsibility had led to the claim that patients with ‘self-inflicted’ conditions have less of a right to treatment at the public's expense than patients whose conditions arose from ‘uncontrollable’ causes. This paper suggests that regardless of any social decision as to the limits and scope of individual responsibility for health, the moral framework for discussing this issue is equality. In order to reach a consensus, discourse should be according to the common basis of all (...) theories of justice, Aristotle's formal principle of justice: ‘equals must be treated equally and unequals must be treated unequally, in proportion to the relevant inequality’. This paper deals with the question of whether and under what circumstances risk-taking behaviour could be regarded as a ‘relevant inequality’ with respect to the right to health care. Following a discussion of the relevant inequalities in health care, the conclusion is reached that the fact that the condition was avoidably caused by the patient and is therefore his or her fault can not be regarded necessarily as a relevant inequality. Therefore, the issue is one of societal support for health care; after defining relevant inequalities in this respect, the paper attempts to apply them to self-inflicted conditions. This analysis reveals that, in theory, it may be just to restrict societal support in such cases. However, the application of this conclusion requires proof of many factual claims—for which there is often very limited evidence. (shrink)

Ecologically-motivated authoritarianism flourished initially during the 1970s but largely disappeared after the decline of socialism in the late-1980s. Today, 'eco- authoritarianism ' is beginning to reassert itself, this time modelled not after the Soviet Union but modern-day China. The new eco-authoritarians denounce central planning but still suggest that governments should be granted powers that free them from subordination to citizens' rights or democratic procedures. I argue that current eco-authoritarian views do not present us with an attractive alternative to market liberal (...) democracy even if we take a highly pessimistic view of our shared prospects under the latter sort of regime. (shrink)

Computer simulation of an epistemic landscape model, modified to include explicit representation of a centralized funding body, show the method of funding allocation has significant effects on communal trade-off between exploration and exploitation, with consequences for the community’s ability to generate significant truths. The results show this effect is contextual, and depends on the size of the landscape being explored, with funding that includes explicit random allocation performing significantly better than peer-review on large landscapes. The paper proposes a way of (...) incorporating external institutional factors in formal social epistemology, and offers a way of bringing such investigations to bear on current research policy questions. (shrink)

Vegetarians have argued at great length that meat-eating is wrong. Even so, the vast majority of people continue to eat meat, and even most vegetarians eventually give up on their diets. Does this prove these people must be morally corrupt? In Why It’s OK to Eat Meat, Dan C. Shahar argues the answer is no: it’s entirely possible to be an ethical person while continuing to eat meat—and not just the "fancy" offerings from the farmers' market but also the (...) regular meat we find at most supermarkets and restaurants. Shahar’s examination forcefully echoes vegetarians’ concerns about the meat industry’s impacts on animals, workers, the environment, and public health. However, he shows that the most influential ethical arguments for avoiding meat on the basis of these considerations are ultimately unpersuasive. Instead of insisting we all become vegetarians, Shahar argues each of us has broad latitude to choose which of the world’s problems to tackle, in what ways, and to what extents, and hence people can decline to take up this particular form of activism without doing anything wrong. (shrink)

In 2013 the Health Research Council of New Zealand began a stream of funding titled 'Explorer Grants', and in 2017 changes were introduced to the funding mechanisms of the Volkswagen Foundation 'Experiment!' and the New Zealand Science for Technological Innovation challenge 'Seed Projects'. All three funding streams aim at encouraging novel scientific ideas, and all now employ random selection by lottery as part of the grant selection process. The idea of funding science by lottery has emerged independently in several corners (...) of academia, including in philosophy of science. This paper reviews the conceptual and institutional landscape in which this policy proposal emerged, how different academic fields presented and supported arguments for the proposal, and how these have been reflected in actual policy. The paper presents an analytical synthesis of the arguments presented to date, notes how they support each other and shape policy recommendations in various ways, and where competing arguments highlight need for further analysis or more data. In addition, it provides lessons for how philosophers of science can engage in shaping science policy, and in particular highlights the importance of mixing complementary expertise: it takes a village to raise policy. (shrink)

Computer simulation of an epistemic landscape model, modified to include explicit representation of a centralized funding body, show the method of funding allocation has significant effects on communal trade-off between exploration and exploitation, with consequences for the community’s ability to generate significant truths. The results show this effect is contextual, and depends on the size of the landscape being explored, with funding that includes explicit random allocation performing significantly better than peer review on large landscapes. The article proposes a way (...) of incorporating external institutional factors in formal social epistemology, and offers a way of bringing such investigations to bear on current research policy questions. 1Introduction2Theoretical Background3Model Description4Simulation Details 4.1Simulating the epistemic landscape4.2Simulating agents4.3Simulating communal knowledge4.4Simulating funding strategies4.5Simulating merit dynamics5Results and Discussion 5.1Experiment 1: The winner-takes-it-all mechanism only5.2Experiment 2: All dynamic mechanisms5.3Experiment 3: Adding a new funding mechanism 5.4Experiment 4: Varying the degree of myopia5.5Experiment 5: Variability of individual epistemic gain5.6Experiment 6: Likelihood of renewal6Discussion7Conclusion. (shrink)

In this paper I present and defend a highly demanding principle of justice in education that has not been seriously discussed thus far. According to the suggested approach, “all the way equality”, justice in education requires nothing short of equal educational outcome between all individual students. This means not merely between equally able children, or between children from different groups and classes, but rather between all children, regardless of social background, race, sex and ability. This approach may seem implausible at (...) first, due to the far-reaching implications it entails, primarily its requirement to deny better-off children their advantage for the sake of equality. However the paper argues that all-the-way-equality, in fact, does a better job realizing the goals of justice in education than alternative conceptions of justice. It is further argued that at least some of the principle’s most radical consequences, those that make it seem counterintuitive, can be mitigated by balancing all-the-way-equality with competing interests. (shrink)

Plurality of beliefs and theories in different knowledge domains calls for modelling multi-viewpoint ontologies and knowledge organization systems. A generic theoretical approach recently proposed for heterogeneity representation in KOS was linking each ontological statement to a specific validity scope to determine a set of conditions under which the statement is valid. However, the practical applicability of this approach has yet to be empirically assessed. In addition, there is still a need to investigate the types of inconsistencies that might arise in (...) multi-viewpoint ontologies as well as their possible causes. This study proposes a new framework for systematic analysis and classification of inconsistencies in multi-viewpoint ontologies. The framework is based on eight generic logical structures of ontological statements. To test the validity of the proposed framework, two ontologies from different knowledge domains were examined. We found that only three of the eight structures led to inconsistencies in both ontologies, while the other two structures were always present in logically consistent statements. The study has practical implications for building diversified and personalized knowledge systems. (shrink)

There are various reasons for favouring Ψ-epistemic interpretations of quantum mechanics over Ψ-ontic interpretations. One such reason is the correlation between quantum mechanics and Liouville dynamics. Another reason is the success of a specific epistemic model (Spekkens, 2007), in reproducing a wide range of quantum phenomena. The potential criticism, that Spekkens' restricted knowledge principle is counter-intuitive, is rejected using `everyday life' examples. It is argued that the dimensionality of spin favours Spekkens' model over Ψ-ontic models. van Enk's extension of Spekkens' (...) model (2007) can even reproduce Bell Inequality violations, but requires negative probabilities to do so. An epistemic account of negative probabilities is the missing element for deciding the battle between Ψ-epistemic and Ψ-ontic interpretations in favour of the former. (shrink)

Project selection by funding bodies directly influences the division of cognitive labour in scientific communities. I present a novel adaptation of an existing agent-based model of scientific research, in which a central funding body selects from proposed projects located on an epistemic landscape. I simulate four different selection strategies: selection based on a god's-eye perspective of project significance, selection based on past success, selection based on past funding, and random selection. Results show the size of the landscape matters: on small (...) landscapes historical information leads to slightly better results than random selection, but on large landscapes random selection greatly outperforms historically-informed selection. (shrink)

Immanuel Kant has long been considered one of the leading exponents of the theory of knowledge with his philosophical writings inspiring generations of political theorists, underpinning many notions and ideas on the concept of progress. Based on and innovative reading of Kant's theory of knowledge, this book challenges contemporary critiques of the concept of progress from post-Marxist, post-Modern and or existentialist approaches which dismiss progress as an anachronistic and deceptive concept that has formed the basis of many of modernity's abominations. (...) Instead this book reveals Kant's unique synthetic theory of knowledge, arguing that the idea of progress should be thought of as a crucial political idea in matters of political management at the outset of the 21st century. (shrink)

What conceptual merit does the undying – the one that does not die properly – hold? What form of life is left for those who do not achieve death, those that death (the right, the necessity – to die...

The ArgumentThis paper provides a historical perspective to one of the liveliest debates in common law courts today — the one over scientific expert testimony. Arguing against the current tendency to present the problem of expert testimony as a late twentieth-century predicament which threatens to spin out of control, the paper shows that the phenomena of conflicting scientific testimonies have been perennial for at least two centuries, and intensely debated in both the legal and the scientific communities for at least (...) 150 years. (shrink)

This article explores attempts at legalization of the practice of euthanasia and assisted suicide. Although in many countries there have been high levels of public support for euthanasia and assisted suicide, in most of them, no legislative activity has taken place concerning these practices, and there is a lack of clarity about what is permitted and what is not. I argue that accurate definition of the relevant concepts and a clear delineation of the territory of the debate would help draw (...) a coherent roadmap for legalization. To this end, I analyze five legal approaches to the legalization euthanasia: maintenance of the status quo, legal defenses, de-prioritization, de-criminalization, and legislation. I conclude with a discussion of the moral and legal implications of the foregoing analysis. (shrink)

Several authors maintain that we are capable of having inconsistent intentional states, either in cases of illusion, in certain cases of imagination, or because the observable world is (partly) inconsistent and we perceive it as such. These views are all premised on the assumption that inconsistent intentional states—even if acknowledged—are peculiar and have nothing essential to do with our perceptual capacities. In the present article, I would like to present, and argue for, a much stronger thesis: that inconsistent intentional states (...) underlie the possibility of having intentional content in mind. I argue for this thesis based on a Husserlian phenomenological analysis of our grasp of objects, which I formulate in terms of incompatibility semantics. (shrink)

There are now several proposals for introducing random elements into the process of funding allocation for research, and some initial implementation of this policy by funding bodies. The proposals have been supported on efficiency grounds, with models, including social epistemology models, showing random allocation could increase the generation of significant truths in a community of scientists when compared to funding by peer review. The models in the literature are, however, fairly abstract. This paper introduces some of the considerations that are (...) required to build on the modelling work towards a fully-fledged policy proposal, including issues of cost and fairness. (shrink)

In her groundbreaking paper “Having too much” Ingrid Robeyns introduces the principle of “limitarianism,” arguing that it is morally impermissible to have more resources than needed for leading a maximally flourishing life. This paper focuses on one component of limitarian theory, namely the nature of the riches threshold, and critiques Robeyns’ absolute threshold, that limits wealth above what is needed for satiating human flourishing. The paper then suggests an alternative, relative threshold for determining excessive wealth, and also argues that limitarianism (...) is best understood as a set of wealth-limiting principles, each with its own threshold, justifications, and conditions for operation. (shrink)

Logical pluralists are committed to the idea of a neutral metalanguage, which serves as a framework for debates in logic. Two versions of this neutrality can be found in the literature: an agreed upon collection of inferences, and a metalanguage that is neutral as such. I discuss both versions and show that they are not immune to Quinean criticism, which builds on the notion of meaning. In particular, I show that the first version of neutrality is sub-optimal, and hard to (...) reconcile with the theories of meaning for logical constants, and the second version collapses mathematically, if rival logics, as object languages, are treated with charity in the metalanguage. I substantiate by proving a collapse theorem that generalizes familiar results. Thus, the existence of a neutral metalanguage cannot be taken for granted, and meaning-invariant logical pluralism might turn out to be dubious. (shrink)

Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as (...) a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms. (shrink)

Info-metrics is a framework for rational inference based on insufficient information. The complete info-metric framework, accompanied with many interdisciplinary examples and case studies, as well as graphical representations of the theory appear in the new book “Foundations of Info-Metrics: Modeling, Inference and Imperfect Information,” Oxford University Press, 2018. In this commentary, I describe that framework in general terms, demonstrate some of the ideas via simple examples, and provide arguments for using it to transform information into useful knowledge.

The revolution in Western family law over the past 50 years—often described as ‘liberalization’—involves a decrease in the importance of fault-based factors alongside an increase in the significance of marital contracts. While these two trends generally complement each other, they may conflict when a couple seeks to assign economic consequences to sexual fault through a contract. Should such an agreement be legally enforceable? Which aligns more with a ‘true liberal’ perspective: advocating against fault or for the use of contracts? This (...) paper suggests a new approach that goes beyond simply determining which trend should prevail. We illustrate how the perceived conflict between proponents of sexual liberalization and proponents of contractual liberalization could be resolved by identifying the underlying reasons that motivate each ‘camp’, proposing potential legal mechanisms and specific legal contexts in which broad agreement might be reached, and explicating the multidimensionality of family law liberalization. (shrink)

Scholars and lawmakers are familiar with a meta-narrative describing the liberal revolution of spousal law that occurred in the last decades of the twentieth century, which further transformed marriage, already transformed from a Catholic religious sacrament into a public institution and legal status model in the nineteenth century, into a private contract at the end of the twentieth. This Article addresses the liberal transformation of spousal law. The goals of the discussion are threefold: First, the Article examines the liberalization as (...) a historical narrative and the sub-narratives contained therein. Secondly, it explores the liberalization as the normative framework for the current normative debates. Finally, the Article criticizes the existing school of thought and proposes principles for a new theory that would depart from the thought patterns imposed by the liberalization narrative. (shrink)

This Article examines the implicit assumptions about the state and state-society relations that pervade the literature on legal pluralism. I argue that much of this literature rests on an underlying conception of the state as a monolithic entity which is clearly and objectively differentiated from society. Most notably, John Griffiths’ influential distinction between "weak" legal pluralism, which exists within the boundaries of the state, and "strong" legal pluralism, which involves both state and non-state legal orders, reflects such assumptions. I contend (...) that an alternative conceptualization of the state, which acknowledges the internal diversity and contradictions within the state and the blurred boundaries between state and society, can serve as a more productive basis for the study of legal pluralism. Such an approach draws attention to the socially constructed character of the boundaries between state and non-state legal orders, to the social significance of intra-state legal pluralism, to the points of view of individual litigants who maneuver between different courts of law, and to the institutional level of analysis, namely, the complex interrelations between different courts under conditions of legal pluralism. (shrink)

Global climate change is one of the most widely discussed problems of our time. However, many libertarian thinkers have not participated in the ethical dimensions of this discussion due to a narrow focus on the scientific basis for concern about climate change. In this paper, I reject this approach and explore the kind of response libertarians should be offering instead. I frame the climate change problem as one which concerns potential rights-infringements and explore different ways in which climate change might (...) be thought to infringe upon rights. I conclude that there are some ways in which climate change might be expected to result in rights-infringements, but that some of the current concern about climate change cannot be reconciled with a rights-oriented paradigm. I close by outlining future directions for research, emphasizing that much remains to be done in order to formulate a complete libertarian perspective on climate change. (shrink)

The concept of utopia was abandoned over the years, mainly following the tragic events of the twentieth century which led to the rejection of the grand narratives that characterized modernity. But the challenges of our time invite a rethinking of the concept. The purpose of this article is to offer a non-nostalgic understanding of the concept of utopia through an analysis of Ernst Bloch’s paradoxical concept of “concrete utopia”. My intention is, first, to trace back the genealogy of the concept (...) of the concrete to offer a non-trivial understanding, of it; and, second, to emphasize the importance of the concrete in the creation of the new. I argue that this understanding, coupled with a nuanced way of thinking about the relationship between the present and the future, allows us to reject the simple metaphysical dichotomy between the two. This does not mean sacrificing the present for the sake of the future or vice versa but perceiving the present as containing future possibilities within it. In this way, we can think of utopia as neither a hypothetical ideal (no-where) nor an empirical fact (now-here), but as the no-where of the now-here. That is, as a process of becoming. (shrink)

The use of models to assign truth values to sentences and to counterexemplify invalid inferences is a basic feature of model theory. Yet sentences and inferences are not the only phenomena that model theory has to take care of. In particular, the development of sequent calculi raises the question of how metainferences are to be accounted for from a model-theoretic perspective. Unfortunately there is no agreement on this matter. Rather, one can find in the literature two competing model-theoretic notions of (...) metainferential validity, known as the ‘global’ notion and the ‘local’ notion. In this article, I argue that, given certain plausible considerations about metainferential validity, the global notion collapses into the local notion. (shrink)