Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of tools limiting (...) constitutional change, such as eternity clauses and the unconstitutional constitutional amendment doctrine, to constrain potentially anti-democratic or anti-liberal forms of constitutional change. Although constitutional texts in most of these cases gave courts ample ammunition to reject attempts to eliminate term limits or at least to force those changes down more demanding paths, courts did not stand in the way of most of these efforts and in some cases even used the doctrines to eliminate rather than protect term limits. The case studies highlight the extent to which the “superficial” spread of doctrines controlling constitutional change may fail to block, and indeed may promote, forms of constitutional change that threaten liberal democratic constitutionalism. It also suggests possibilities for deepening the effectiveness of transnational dialogue on these issues. (shrink)

Chemists do not aim at testing preconceptions or theoretical hypotheses only; they first and foremost produce and determine the object of chemical investigation: they learn through making. They never cease to create and stabilize heterogeneous devices, methods, models, and theories in order to act upon the world. Chemical bodies cannot be studied in isolation; their properties constitutively depend on what surrounds and acts upon them. Starting from the specificity of chemical practices, this paper investigates the meaning of consistency, inconsistency, and (...) that of the ceteris paribus clause, in this domain of science. In so doing, it defends the idea that studying what we call ‘a lack of consistency’ should always include the scrutiny of: the way a particular scientific practice is stabilized, and the ontological or pragmatic assumptions about the entities and processes upon which this practice revolves. (shrink)

Recently, extremist ‘populist’ parties have succeeded in obtaining large enough democratic electoral mandates both to legally make substantive changes to the law and constitution and to legally eliminate avenues to challenge their control over the government. Extremists place committed liberal democrats in an awkward position as they work to legally revolutionize their constitutions and turn them into ‘illiberal democracies’. This article analyses political responses to this problem. It argues that the twin phenomena of legal revolution and illiberal democracy reveal a (...) latent tension between the constitutional commitments to democracy and liberalism, that is, the equal chance to have one’s political goals enacted into law and individual basic rights. Political extremists make the latent tension real when they use the procedures of democratic legal change to abrogate constitutional commitments to liberalism, among other things. Although the two commitments normally coexist side by side, exceptional times raise an existential dilemma for liberal democracies: is it constitutional to democratically amend liberalism out of the constitution? After analysing the moral legitimacy of both the democratic and liberal arguments, this article concludes that liberal constitutionalism is constitutive of genuine democracy. In other words, it is unconstitutional to abrogate basic liberal commitments and it is legitimate to adopt constitutional mechanisms to guarantee liberalism – even if it means constraining democracy to do so. This article then situates ‘constrained democracy’ within the liberal current as a way to conceive of and respond to this pressing problem. It concludes by discussing four constitutional mechanisms – inspired by the German Grundgesetz – to guarantee liberalism: unambiguous lexically prior commitment to liberalism, limits on negative majorities, the eternity clause and party bans. It concludes that constrained democracy is an important constitutional guarantee of liberal democracy and that the four mechanisms, among others, are essential to enact constrained democracy. (shrink)

The paper comprehensively responds to critical comments by F. Michelman, D. Rasmussen, J. van der Walt, S. Winter, P. Niesen, and B. Schupmann on Sovereignty Across Generations. Constituent Power and Political Liberalism. The themes debated include: whether Rawls’s dualist view of democracy, including his idea of legitimation by constitution, intimates or calls for a concretistic view of a subject of constituent power as creator of the constitutional order (Michelman); the relation of the normative to the historical in political liberalism and (...) whether Plato’s allegory of the cave is helpful for elucidating the meaning of the ‘most reasonable for us’ (Rasmussen); Rawls’s stance vis-à-vis the unbridgeable divisiveness of pluralism, the virtuality of overlapping consensus, and the dissolution of constituent power into a panoply of constituent powers (Van der Walt); democratic sequential sovereignty contrasted with serial sovereignty, the sensibleness of distinguishing legal principles from the cognitive assumptions undergirding their application, the justification of sequential sovereignty, and the nexus of vertical reciprocity and freedom across generations (Winter); the implications of the gap between ‘the people’ and the population for constitutional legitimacy, and the distinct prospects for a Habermasian and a political liberal conception of constituent power to be applicable at a supranational level (Niesen); the cogency and effectiveness of ‘implicit unamendability’ for safeguarding constitutional essentials compared with entrenching them via eternity clauses, the extent to which measures of militant democracy are compatible with political liberalism (Schupmann). (shrink)

We consider two-sided matching markets with couples. First, we extend a result by Klaus and Klijn (J Econ Theory 21: 75–106, 2005, Theorem 3.3) and show that for any weakly responsive couples market, there always exists a “double stable” matching, i.e., a matching that is stable for the couples market and for any associated singles market. Second, we show that for weakly responsive couples markets, the associated stable correspondence is (Maskin) monotonic and Nash implementable. In contrast, the correspondence that assigns (...) all double stable matchings is neither monotonic nor Nash implementable. (shrink)

The choice of a social decision rule for a federal assembly affects the welfare distribution within the federation. But which decision rules can be recommended on welfarist grounds? In this paper, we focus on two welfarist desiderata, viz. (i) maximizing the expected utility of the whole federation and (ii) equalizing the expected utilities of people from different states in the federation. We consider the European Union as an example, set up a probabilistic model of decision making and explore how different (...) decision rules fare with regard to the desiderata. We start with a default model, where the interests, and therefore the votes of the different states are not correlated. This default model is then abandoned in favor of models with correlations. We perform computer simulations and find that decision rules with a low acceptance threshold do generally better in terms of desideratum (i), whereas the rules presented in the Accession Treaty and in the (still unratified) Constitution of the European Union tend to do better in terms of desideratum (ii). The ranking obtained regarding desideratum (i) is fairly stable across different correlation patterns. (shrink)

In this article I explore some ancient issues of political theory in the light of some contemporary social and cultural issues. After developing a check list of the virtues and vulnerabilities of constitutional democracy (Section I), I go on to discuss some types and symptoms of difference, conflict, fragmentation and heterogeneity (Section II). I then proceed to a critical review of a particular set of strategies and institutional solutions—political group rights—that are often thought promising devices for strengthening the virtues and (...) overcoming the vulnerabilities of the constitutional democratic form of regime (Section III). Much of the contemporary philosophical and political discussion of these issues is enchanted by the post‐modern spirit of “multiculturalism,”“diversity” and “identity.” It tends to neglect issues of citizenship and social justice. It also tends to fixate on North American examples, neglecting some of the less benign West European and, in particular, Central East European varieties of identity politics. The discussion here, while mostly raising questions rather than claiming to provide definitive answers, nevertheless tries to overcome some of these biases. (shrink)

This volume offers an integrated understanding of how the theory of general relativity gained momentum after Einstein had formulated it in 1915. Chapters focus on the early reception of the theory in physics and philosophy and on the systematic questions that emerged shortly after Einstein's momentous discovery. They are written by physicists, historians of science, and philosophers, and were originally presented at the conference titled Thinking About Space and Time: 100 Years of Applying and Interpreting General Relativity, held at the (...) University of Bern from September 12-14, 2017. By establishing the historical context first, and then moving into more philosophical chapters, this volume will provide readers with a more complete understanding of early applications of general relativity and of related philosophical issues. Because the chapters are often cross-disciplinary, they cover a wide variety of topics related to the general theory of relativity. These include: Heuristics used in the discovery of general relativity Mach's Principle The structure of Einstein's theory Cosmology and the Einstein world Stability of cosmological models The metaphysical nature of spacetime The relationship between spacetime and dynamics The Geodesic Principle Symmetries Thinking About Space and Time will be a valuable resource for historians of science and philosophers who seek a deeper knowledge of the uses of general relativity, as well as for physicists and mathematicians interested in exploring the wider historical and philosophical context of Einstein's theory. (shrink)

In physics, objects are often assigned vector characteristics such as a specific velocity. How can this be understood from a metaphysical point of view – is assigning an object a vector characteristic to attribute it an intrinsic property? As a short review of Newtonian, special relativistic and general relativistic physics shows, if we wish to assign some object a vector characteristic, we have to relate it to something – call it S. If S is to be different from the original (...) object – and I argue for this assumption – then having the specific vector characteristic is not an intrinsic property under different readings of “intrinsic”. For instance, I argue that lonely objects with different orientations do not constitute metaphysically distinct possibilities. There are, however, difficulties in applying the loneliness test, and they concern the role of the space‐time. (shrink)

The ontological status of esse cognitum was at the center of complex debates throughout the Scotist tradition (Alnwick vs. Aesculo, Mastri vs. Punch). This article investigates the Scotist Angelo Volpe’s discussion of esse cognitum enjoyed by possible creatures in the divine intellect. Volpe responds to two religious warnings, one against assuming any eternal real being for merely possible creatures, and a second against depriving God’s eternal knowledge of a corresponding object, since that would endanger this knowledge itself. Volpe opts for (...) a solution that allows possible creatures the status of beings of reason (entia rationis) due to their own ontological merit, and the status of real beings (entia realia) due to God’s knowing that they as possibles are not in opposition to real existence. He rejects the view that esse cognitum is a kind of being that holds a middle position between real being and being of reason. Volpe’s historical significance is emphasized. (shrink)

This essay argues that what is provoking about Ibn Rushd today is not his stance on such topics as the eternity of the world, God's knowledge of singular things, or the immortality of the soul. It is rather his radical philosophical elitisim, i.e., his view that every religion has room for philosophy, but only for the few - the majority must simply follow holy writ and leave all questioning and allegorical interpretation to those few individuals who possess sufficient training (...) in apodictic thinking. I start out with chapters on Salman Rushdie and his view of Ibn Rushd in the novel Two Years, Eight Months and Twenty-Eight Nights and the reception of Ibn Rushd in the Latin scholastic tradition. I then switch to Ibn Rushd’s biography and the context of his work in Almohad Andalusia. I provide an overview of the development of Islamic philosophy up until Ibn Rushd. I then, in five chapters, offer a detailed reading of his fatwa in defense of philosophy (called the Decisive Treatise). I conclude with some general remarks on the relationship between metaphysics and politics in Ibn Rushd’s works, drawing parallels to other thinkers both in the Islamic and in the Western tradition. The book ends with a selection of Danish-language translations of texts by Ibn Rushd that were translated into Latin during the Middle Ages and the Renaissance (his Letter to a friend concerning God’s knowledge of singular things, the last chapter of the Incoherence of the Incoherence, and commenta 5 and 36 from the Commentary on De anima III). (shrink)

Narrative desire, according to philosopher Adriana Cavarero, is the desire for one’s own history. What can semiotics of literature say about friendship as a dialogic phenomenon and the narrative desire for personal-historical knowledge in friendship, and how is this kind of knowledge semiotically different from knowledge achieved by science and scholarship? As an interpersonal relation, friendship is discussed here from the perspective of semiotics and precarious knowledge, i.e., as a historically contingent relation that can be semiotically modelled (represented by mappings (...) that are to some degree cognitively adequate and emotionally convincing) both within fiction literature and academic disciplines such as philosophy, anthropology, sociology, psychology and history. Friendship as a complex phenomenon has recently received increased attention from many distinct theoretical perspectives and disciplines. There are forms of “hidden interdisciplinarity” in friendship studies, as well as mono- and multidisciplinary approaches. A good case in point is recent discussions on how well a novel can model friendship. The opposite claims of philosopher Alexander Nehamas and literary critic Gregory Jusdanis on the adequacy of the novel for describing friendship will be discussed. By considering ‘The Neapolitan Novels’ by Elena Ferrante, depicting a close, difficult, life-long friendship between two women and its concerns with precarious dialogues and knowledge (like what the two very different persons really know about each other), as well as recent scholarship on Ferrante’s work, I show how her novels are not just inspired by, but also indirectly a critical comment upon the work on narrative friendship by Cavarero. Friends differ, and some of their differences constitute a challenge for universal models of friendship and narrative desire. Furthermore, Ferrante’s novels add a challenging complexity to a central insight analysed by Santaella as Peirce’s dialogism – that the action of signs is not merely individual but social, and that this applies as well to the person, whose thoughts are what she is “saying to that other self that is just coming into life in the flow of time” (CP 5.421; Santaella 2004: 132). The novels can be seen as modelling the very genesis of that dialogic self in the precarious process of finding a balance between dependency and autonomy between the friends. (shrink)

A central aspect of the relation between biosemiotics and biology is investigated by asking: Is a biological concept of function intrinsically related to a biosemiotic concept of sign action, and vice versa? A biological notion of function (as some process or part that serves some purpose in the context of maintenance and reproduction of the whole organism) is discussed in the light of the attempt to provide an understanding of life processes as being of a semiotic nature, i.e., constituted by (...) sign actions. Does signification and communication in biology (e.g., intracellular communication) always presuppose an organism with distinct semiotic or quasi-semiotic functions? And, symmetrically, is it the case that functional relations are simply not conceivable without living sign action? The present note is just an introduction to a project aiming at elucidating the relations between biofunction and biosemiosis. (shrink)

A frayed theoretical discussion has been taking place in most Common Market countries since the mid-1970s, and it has been followed by large-scale empirical research. These studies demonstrate the unforeseen importance of socio-political formations which cannot be comprehended by frameworks based on constitutional law and its understanding of a sound political order. On the contrary, standard constitutional accounts often treat these formations as relics of pre-modern regimes. In fact, however, corporatist arrangements envision socio-political controls not anticipated by the constitutional state. (...) There is an unofficial interaction between associations and interest groups on the one hand, and the government and parties on the other. This has important ramifications for political theory and especially for the conceptualization of democracy. (shrink)

The notion of ‘Gestalt’ plays a prominent role in Ludwik Fleck’s theory of thought styles. This paper scrutinizes how Fleck adopted the concepts and even methods of Gestalt psychology that he sometimes vaguely refers to. Systematically comparing the argumentation and theoretical outlines of Fleck’s social theory of perception and the principles of some Gestalt theories, this article will show and discuss their similarities and fundamental differences. According to Fleck, both science and individual perception rest on social actions and cultural traditions. (...) In particular, Fleck emphasized the relevance of the common language and collective meanings for the shaping of objects according to the thought style of a scientific collective. In contrast to the principles of Gestalt theories, in Fleck’s view not only the perception, but also the constitution of scientific objects and even the ‘laws’ of perception depend on social and cultural constructions of reality. That leads him to a particular theory of Gestalt perception. (shrink)

If the fundamental law, or constitution, of a nation cannot be changed by legal means, then it cannot adapt to changing circumstances; as the disparity with circumstances widens, the risk of revolution increases. But if it can be changed too easily, then the fundamental principles and institutions it establishes are at risk of being swept away by a majority momentarily enraptured with a new idea. An amendment clause permits fundamental change, courting the latter risk, but it makes that change difficult, (...) courting the former. It aspires to capture the inconsistent virtues of stability and flexibility, protecting what the enacting generation thinks wise, but permitting future generations to think otherwise. (shrink)

Focusing on the constitutional changes undergone since 2005 in Iraq, Sudan, Morocco, Tunisia and Egypt, this article explains how the constitutional limitation clauses affected the respective material constitutional transformations. The explanatory value of the limitation clauses is tested, with possible causalities (as well as non-causal relations) explored through a case study. Generalizing research arguments are offered, theorizing about the material constitutional transformation processes in authoritarian and post-authoritarian scenarios. The research arguments shed light on the limitation clauses’ potential to reveal the (...) policy intent underlying the constituent power, as well as their negative implications for a proper democratic consolidation, their effects in keeping dynamics of political immobilism, and their consequences in terms of favouring instances of authoritarian regression. (shrink)

The first formal definition of randomness, seen as a property of sequences of events or experimental outcomes, dates back to Richard von Mises' work in the foundations of probability and statistics. The randomness notion introduced by von Mises is nowadays widely regarded as being too weak. This is, to a large extent, due to the work of Jean Ville, which is often described as having dealt the death blow to von Mises' approach, and which was integral to the development of (...) algorithmic randomness—the now-standard theory of randomness for elements of a probability space. The main goal of this article is to trace the history and provide an in-depth appraisal of two lesser-known, yet historically and methodologically notable proposals for how to modify von Mises' definition so as to avoid Ville's objection. The first proposal is due to Abraham Wald, while the second one is due to Claus-Peter Schnorr. We show that, once made precise in a natural way using computability theory, Wald's proposal constitutes a much more radical departure from von Mises' framework than intended. Schnorr's proposal, on the other hand, does provide a partial vindication of von Mises' approach: it demonstrates that it is possible to obtain a satisfactory randomness notion—indeed, a canonical algorithmic randomness notion—by characterizing randomness in terms of the invariance of limiting relative frequencies. More generally, we argue that Schnorr's proposal, together with a number of little-known related results, reveals that there is more continuity than typically acknowledged between von Mises' approach and algorithmic randomness. Even though von Mises' exclusive focus on limiting relative frequencies did not survive the passage to the theory of algorithmic randomness, another crucial aspect of his conception of randomness did endure; namely, the idea that randomness amounts to a certain type of stability or invariance under an appropriate class of transformations. (shrink)

At the opening of Spinoza’s Ethics, we find the three celebrated definitions of substance, attribute, and God: E1d3: By substance I understand what is in itself and is conceived through itself, i.e., that whose concept does not require the concept of another thing, from which it must be formed [Per substantiam intelligo id quod in se est et per se concipitur; hoc est id cujus conceptus non indiget conceptu alterius rei, a quo formari debeat]. E1d4: By attribute I understand what (...) the intellect perceives of a substance, as constituting its essence [Per attributum intelligo id, quod intellectus de substantia percipit, tanquam ejusdem essentiam constituens]. E1d6: By God I understand a being absolutely infinite, that is, a substance consisting of an infinity of attributes, of which each one expresses an eternal and infinite essence We are accustomed to think of these paramount definitions as a fixed and settled formulation of the core of Spinoza’s metaphysics, but if we look at the development of Spinoza’s thought, the picture we get is quite different. In the early drafts of the Ethics and in his early works, Spinoza seems to have experimented with various conceptualizations of the relations between substance, attribute, and God. Some of Spinoza’s works make barely any use of the notions of substance and attribute, and the testimony of Spinoza’s letters suggests that, at a certain stage in his philosophical development, the concept of attribute may have been put on the back burner, if not completely dropped. Indeed, another closely related concept—accident [accidens]—was fated to be pulled out of the system (and for good reasons ). The final version of the Ethics makes hardly any use of this notion, but Spinoza’s letters show that in early drafts of the Ethics he used the term ‘accident’ to refer to what cannot be or be conceived without substance. In this paper I will attempt to provide a brief outline of the genealogy of Spinoza’s key metaphysical concepts. This genealogy, like any other, can help us to reexamine and reconsider what seems to us natural, stable and obvious. In the first part of the paper, I rely on Spinoza’s letters to trace the development of his definitions of substance and attribute in the early drafts of the Ethics. The letters, whose dates are more or less established, also provide a temporal grid for our subsequent discussions. The second part surveys Spinoza’s discussion and conceptualization of substance and attributes in the Treatise on the Emendation of the Intellect, the Theological-Political Treatise (1670), and briefly, Spinoza’s 1663 book on Descartes’ Principles of Philosophy, and its appendix on Metaphysical Thoughts, the Cogitata Metaphysica. The third part of the paper is dedicated to Spinoza’s understanding of substance and attribute in the Short Treatise on God, Man, and His Well-Being. I conclude with some remarks on the stability of Spinoza’s final position on the issue, as expressed in the published version of the Ethics . (shrink)

Among the three kinds of theoretical knowledge, Aristotle distinguishes between physics and metaphysics—what he calls Second and First Philosophy. Aristotle’s physics studies changing things, things that change in any of several ways according to an inner principle that governs their alterations and their underlying stability—fundamentally, things that come into being and pass away. What Aristotle calls First Philosophy studies substances that are immovable and unchanging, eternal objects including primarily but not exclusively Aristotle’s god. Aristotle’s distinction between Second and First (...) Philosophy constitutes a decisive difference between Aristotle and earlier philosophers. My main claim will be that Aristotle “discovered” First Philosophy through critical reflection on the universalizing or totalizing assumption of his predecessors. By “universalizing assumption” I mean that according to Aristotle, his predecessors assumed either explicitly or implicitly that they were enquiring into τὸ πᾶν, the all, the totality of everything that exists. Aristotle claims that they were wrong in this assumption. All sciences seek knowledge of principles and causes (archai and aitia). But an investigation of beings that come into existence and pass away is essentially different from the philosophical investigation of immovable, unchanging being. To understand why, one must nevertheless begin by studying changing beings—in large part to come to recognize the insufficiency of Second Philosophy to investigate being as such. Aristotle’s discovery was that the original project of Greek philosophy—the study of the whole—requires both Second and First Philosophy. (shrink)

The essay responds to a challenge posed by Vanessa MacDonnell and examines the question of stability and change under the global model of constitutional rights. Constitutionalism offers the promise of both stability and justice, but it may seem that there will often be a tension between these values. While some have accused the global model, and in particular proportionality, of overemphasizing justice at the cost of stability, MacDonnell claims that it underemphasizes the necessity of social change. In (...) this response, I argue that in the long run the push for social change and towards justice can be realized only when there is also a certain stability, namely the stubborn democratic insistence that any state action must be reasonably justifiable to those affected by it in terms of their freedom and equality. This conviction lies at the core and will be reinforced by the endorsement of the global model of constitutional rights. (shrink)

In his Commentary on the Timaeus Proclus says that in some occasions Plato speaks of a model (from which the world is created) that is identical to the Demiurge while in other occasions he suggests that the model is distinct from the Demiurge. Here, identity and difference refer to the similarity with or dissimilarity from the intelligible One, identified with eternity (stability; fixedness). However, Plato also speaks in the Timaeus that the Cosmos is pretty and its Constructor (the (...) Demiurge) is good inasmuch as He fixed his sight in the perpetual model. If we ask what is produced when the Demiurge fixed his sight in a model that it is not identical to Himself, we find the reply in the Timaeus: envy, defects, disorder, limitation regarding intelligence and the soul, incompleteness, ugliness, and imperfection. Plotinus, on his turn, mentions (Enneads, II.4) the existence of two types of matter, intelligible and sensible. The intelligible or divine matter is equivalent to the "indefinite Dyad", identified with the procession of the Noûs. For Plotinus, though the intelligible matter is eternal and invariant, its archê is constituted by difference and movement - conditions that prepare the naturation of sensible matter. For Proclus, the Soul, an unfolding of the Noûs, mediates between the Intellect, intelligible matter and sensible matter. Many interpreters seem to have understood inteligible matter as the matter of the Soul, and to explain the interaction between the intelligible and the sensible many theories have appeared regarding the constitution of intelligible matter and about the nature of the "vehicle" or "vehicles" that would be associated with the Soul's "descent" and incarnation. (shrink)

This paper lays out the background and main features of Rawls’s new theory of justice. This is a theory that he began adumbrating about 1980 and that is given its fullest statement in his recent book Political Liberalism. I identify the main patterns of justification Rawls attempts to provide for his new theory and suggest a problem with one of these patterns in particular. The main lines of my analysis engage Rawls’s idea of constitutional consensus and his account of political (...) stability. (shrink)

With the arrival of another wave of “boat people” to Australian waters in late 2009, issues of human rights of asylum seekers and refugees once again became a major feature of the political landscape. Claims of “queue jumping” were made, particularly by some sections of the media, and they may seem populist, but they are also ironic, given the protracted efforts on the part of the federal government to stymie any orderly appeals process, largely through resort to “privative clauses”. Such (...) clauses demonstrate the many ways in which human rights of those seeking asylum in far-off lands and are potential future immigrants, who often lack much-touted needed papers, yet who are for the most part genuine refugees, are subject to the slings and arrows of political fortune (and misfortune). Approaching the courts if treated unfairly or seeking a further decision as to your fate would seem one of the fundamental premises of human rights. Yet privative clauses—or attempts to ouster the jurisdiction of the courts and to insulate decisions from appeal—have become an increasingly frequent feature of the Australian migration legislation. With a seemingly watertight federal constitutional power set in stone since 1901, to deal with migration and aliens, and without the tempered contemporary update of a federal Bill of Rights, the Australian federal government has been able to narrow the grounds of judicial review in those contexts. We argue that the concerted efforts to deny such fundamental rights of appeal to those most in need of the full armoury of the protection of the law in a modern, affluent democracy, constitutes both a breach of their human rights and a breach of core constitutional principles such as separation of powers. Those principles may not be formally articulated in the text of the Australian Constitution, but in our view they are implicit in the constitutional arrangements, and hence we can conclude with the arguments of former Justice of the High Court of Australia, Michael Kirby, who asked—to whom does sovereignty truly belong? (shrink)

In this short article, my aim is to introduce readers to some debates about religious freedom and constitutional law in the United States. I highlight a few of the enduring questions debated by political philosophers and legal scholars. For example, does the Constitution require special religious exemptions for citizens whose religious convictions put them at odds with otherwise neutral and legitimate state pol- icy? Should the Constitution be interpreted as supporting a strict secularism or a multicultural egalitarian liberal position? What (...) are the limits to religious freedom? To illustrate how these and related questions are debated I consider some recent work on religious freedom jurisprudence in the United States. (shrink)

In the early 1990s Israel underwent a so-called constitutional revolution. According to the champions of this revolution, Israel has essentially become, as a result of this momentous event, a constitutional democracy, upholding individual freedom and liberties and allowing for judicial review of parliamentary legislation. Despite the congratulatory rhetoric, it is generally agreed upon that the constitution is still in need of some essential supplements before Israel can qualify as a fully constitutional democracy. The main question addressed in this paper is (...) the following: is it ‘reasonable’ that Israel take the further necessary steps that qualify it as a fully constitutional democracy? The doubts raised in this regard stem from the very concerns that lead political philosophers (mainly Rawls) to stress the unique value of liberal democracy. As they argue, liberal democracy provides deeply divided societies with the best means to secure their legitimacy and political stability. Israel's political realities, I argue, defy this claim. Moreover, Israel's political realities may also carry a valuable lesson to other states, even to seemingly robust liberal democracies. It is not the purpose of the paper, of course, to argue that Israel's existing rule of government should be embraced by other states – far from that. Israel should undergo some radical changes so that it can protect the rights and interests of all its citizens. Yet, to achieve this purpose, it should transcend, I will argue, liberal democracy. As matters stand, simply strengthening its liberal character, Israel's political system may be exposed to a growing challenge to its legitimacy and stability. It should, therefore, reject liberal democracy and especially the principle of neutrality that is intimately connected with a liberal rule of government and embrace, instead, the ideal of multicultural democracy. This ideal, I argue, is better equipped to answer the need of deeply divided societies to secure their legitimacy and stability. (shrink)

The main argument of this article is based on a functional disanalogy, between what I will call ‘international humanity-based law’, constituted by human rights and criminal law, and the domestic rule of law. If we adopt a functionalist approach, the attention has to be focused both on Rule of Law’s pragmatical objective – a reasonable stability – and on its means – formalism and legality, for dealing with indeterminacy. Do international key players share such values, embedded in the Rule (...) of Law’s political project? Does humanity-based international law fulfil the requirements of the Rule of Law? The conclusion of this work is that institutions and mechanism to which usually legal scholars refer when stating that a legal order is a Rule of Law, are almost absent in humanity-based international law. That implies that radical indeterminacy is, in humanity issues, a too strong obstacle for achieving the ideal of the Rule of Law. (shrink)

In this paper I discuss the relation between various properties that have been regarded as important for determining whether or not a belief constitutes a piece of knowledge: its stability, strength and sensitivity to truth, as well as the strength of the epistemic position in which the subject is with respect to this belief. Attempts to explicate the relevant concepts more formally with the help of systems of spheres of possible worlds (à la Lewis and Grove) must take care (...) to keep apart the very different roles that systems of spheres can play. Nozicks sensitivity account turns out to be closer to the stability analysis of knowledge (versions of which I identify in Plato, Descartes, Klein and Lehrer) than one might have suspected. (shrink)

Stability is at the core of every discussion of order, organization or institutionalization. From an »inside« perspective, the stability of each order-constituting element is assumed. In contrast, in critical discourses instability is located at the outside of the social order as its negative. By treating this argumentative symmetrical structure as »idioms of stability and de-stabilization«, the articles try to rethink order: How can we describe structures from a perspective in which instability, non-control and irrationality are not contrary (...) to ordering systems, but contribute to their stability? How might the notions of identity, knowledge and institution in social and cultural studies be contested by this change of perspective? (shrink)

Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics.Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be 'believed' by the subjects and the political élites. Such a communicative orientation of constitutional processesbecame palpable in the 'religious' affinities of the constitutional preambles. They were held as (...) 'creeds' of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents' big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the 'renaissance' of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu). (shrink)

W NINIEJSZYM opracowaniu analizuję klauzulę dobra wspólnego zawartą w art. 1 Konstytucji Rzeczypospolitej Polskiej z 2 kwietnia 1997 r., zmierzając do uwyraźnienia, w jakim sensie można mówić o jej prawnonaturalnym charakterze (zatem i do zarysowania możliwych znaczeń zwrotu "prawnonaturalny charakter klauzuli dobra wspólnego") oraz do ujawnienia „momentów" prawnonaturalnych, które mogą wchodzić w grę przy interpretacji tej klauzuli.

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

At the opening of the first volume of his Deconstruction of Christianity, Nancy argues that “The much discussed ‘return of the religious,’ which denotes a real phenomenon, deserves no more attention than any other ‘return’” (1). This statement may seem paradoxical in light of Nancy’s extensive study of the logic of the return – including, of the divine – in texts such as “Of Divine Places,” Noli me tangere, Dis-Enclosure and Adoration. Nancy does pay considerable attention to something that, according (...) to him, deserves none. In this paper, I examine Nancy’s critique of the “return of religion” in detail and argue that it would be a mistake to assume that Nancy’s understanding of the logic of the “return” is limited to the – largely uninteresting and even dangerous, indeed – return of the Same, just as it is a mistake to assume that the phenomenon known as the “return of religion” merely consists of the dialectical resurgence of a past religious fervour, a step backwards in history. According to Nancy, religion today returns in a way that radically breaks with the logic of the return of the Same and testifies to an eternal return of difference which, paraphrasing Nancy, opens religion to the limitlessness that constitutes its truth. It does, therefore, deserve our attention, yet only insofar as, paraphrasing Nancy, it opens religion to the limitlessness that constitutes its truth (Dis-Enclosure 1), thereby providing us with new resources to think religion in the singular-plural today. (shrink)

Bourrat and Griffiths :33, 2018) have recently argued that most of the evidence presented by holobiont defenders to support the thesis that holobionts are evolutionary individuals is not to the point and is not even adequate to discriminate multispecies evolutionary individuals from other multispecies assemblages that would not be considered evolutionary individuals by most holobiont defenders. They further argue that an adequate criterion to distinguish the two categories is fitness alignment, presenting the notion of fitness boundedness as a criterion that (...) allows divorcing true multispecies evolutionary individuals from other multispecies assemblages and provides an adequate criterion to single out genuine evolutionary multispecies assemblages. A consequence of their criterion is that holobionts, as conventionally defined by hologenome defenders, are not evolutionary individuals except in very rare cases, and for very specific host-symbiont associations. This paper is a critical response to Bourrat and Griffiths’ arguments and a defence of the arguments presented by holobiont defenders. Drawing upon the case of the hologenomic basis of the evolution of sanguivory in vampire bats, I argue that Bourrat and Griffiths overlook some aspects of the biological nature of the microbiome that justifies the thesis that holobionts are evolutionarily different to other multispecies assemblages. I argue that the hologenome theory of evolution should not define the hologenome as a collection of genomes, but as the sum of the host genome plus some traits of the microbiome which together constitute an evolutionary individual, a conception I refer to as the stability of traits conception of the hologenome. Based on that conception I argue that the evidence presented by holobiont defenders is to the point, and supports the thesis that holobionts are evolutionary individuals. In this sense, the paper offers an account of the holobiont that aims to foster a dialogue between hologenome advocates and hologenome critics. (shrink)

In recent years, the use of historical cases in philosophy of science has become a proper topic of reflection. In this article I will contribute to this research by means of a discussion of one very famous example of case-based philosophy of science, namely the debate on the London & London model of superconductivity between Cartwright, Suárez and Shomar on the one hand, and French, Ladyman, Bueno and Da Costa on the other. This debate has been going on for years, (...) without any satisfactory resolution. I will argue here that this is because both sides impose on the historical case a particular philosophical conception of scientific representation that does not do justice to the historical facts. Both sides assume, more specifically, that the case concerns the discovery of a representational connection between a given experimental insight – the Meissner effect – and the diamagnetic meaning of London and London’s new equations of superconductivity. I will show, however, that at the time of the Londons’ publication, neither the experimental insight nor the meaning of the new equations was established: both were open for discussion and they were stabilized only later. On the basis of this historical discussion, I will then propose an alternative approach to the case study: the case should not be seen as a site of confrontation between pre-existing philosophical accounts, but rather as a way to historically elaborate and develop philosophical concepts. I will then show how approaching the historical episode in this way suggests an alternative approach to the philosophical study of representation, according to which it involves the establishment, over time, of a stable connection between constellations of different elements that, through discussion and engagement with alternative views and approaches, come to constitute phenomenon and meaning. (shrink)

In Home Building & Loan Assn. v. Blaisdell, the Supreme Court upheld the constitutionality of the Minnesota Mortgage Moratorium Act. Under the terms of the Act---one of the many pieces of moratory legislation enacted due to the Great Depression---mortgagors who found themselves unable to make their payments could turn to the state courts for an alteration of their payment schedule. It is clear that if there ever was a state of affairs in which one could justify the imposition of debtor (...) relief, the circumstances in Minnesota during the early 1930s would have filled the bill. By most accounts, the Act was justifiable from a policy perspective. ;Nevertheless, the outcome did not please everyone. The question before the Court was whether the proceedings authorized by the Act violated the contracts clause of the Constitution. Article 1, §10 provides that "No State...pass any...law impairing the Obligation of Contracts." The Act did impair the obligation of mortgage contracts. Furthermore, the Act was exactly the kind of debtor relief legislation that the contracts clause meant to forbid. The basic premise underlying the majority opinion was that a constitutional provision should be interpreted both in the context of the entire Constitution and in the context of the social situation confronting the Court. According to the dissent, the framing of the Constitution fixed the meaning of a provision for all cases arising across time. The two approaches represent two extremes in constitutional interpretation. However, the basic agreement is over how the Constitution should evolve. The basic disagreement concerns the problem of constitutional change. ;In a recent work, Robert Lipkin radically rethinks modern constitutional jurisprudence, challenging the received view of constitutional change. His theory of "constitutional revolutions" implies that conventionalism, coherentism, pragmatism, and naturalism all fall short as the best theory of constitutional change. In addition to offering a critique of Lipkin's theory, the present work conducts an independent investigation the theories Lipkin rejects. Such an investigation will not only help ascertain the legitimacy of Lipkin's theory of constitutional revolutions in particular, but of radical constitutional change in general. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Little Eternities: Henry James’s Horatian Sense of Time KATHLEEN RILEY Summer’s lease hath all too short a date. —Shakespeare, Sonnet 18 On a visit to Bodiam Castle in Sussex in 1908, Henry James remarked to Edith Wharton: “Summer afternoon—summer afternoon; to me those have always been the two most beautiful words in the English language.”1 The potency of those two words derives from their immediate evocation of an arrested (...) moment between the day’s halcyon perfection and its imminent dying fall. Small wonder that those same words were later used to mythologize an Edenic Edwardian England poised on the brink of war, to preserve in aspic the fancy of a gilded innocence and order, and the promise of “blue remembered hills,”2 careless of the teeming, tumultuous reality of an England already in the shadow of the Tree of Knowledge. James’s masterpiece of 1881, The Portrait of a Lady, begins with a luxuriously redolent depiction of a summer afternoon, of the hours before dusk that constitute a pleasurable little eternity, of the languorous rhythms and rituals of what Disraeli called “the sustained splendour of [a] stately life.”3 Under certain circumstances there are few hours in life more agreeable than the hour dedicated to the ceremony known as afternoon tea. There are circumstances in which, whether you partake of the tea or not—some people of course never do,—the situation is in itself delightful. Those that I have in mind in beginning to unfold this simple history offered an admirable setting to an innocent pastime. The implements of the little feast had been disposed upon the lawn of an old English country-house, in what I should arion 27.1 spring/summer 2019 call the perfect middle of a splendid summer afternoon. Part of the afternoon had waned, but much of it was left, and what was left was of the finest and rarest quality. Real dusk would not arrive for many hours; but the flood of summer light had begun to ebb, the air had grown mellow, the shadows were long upon the smooth, dense turf. They lengthened slowly, however, and the scene expressed that sense of leisure still to come which is perhaps the chief source of one’s enjoyment of such a scene at such an hour. From five o’clock to eight is on certain occasions a little eternity; but on such an occasion as this the interval could be only an eternity of pleasure.4 This passage, it strikes me, is essentially Horatian in its Epicurean delight in the passing moment. For the Augustan poet Horace, this delight, which is intrinsically elegiac, is expressed in the sympotic pleasures of wine and friendship, in the freedom aestivam sermone benigno tendere noctem (“to prolong the summer night with genial conversation,” Epistles i.5.11). For Henry James, it rests in “the ceremony known as afternoon tea,” in the lengthening shadows on an English lawn by “the reedy, silvery Thames” (PL 32). In both cases the evanescence of these simple pleasures is deeply felt and pleasure itself heightened by an undertone of melancholy, by a nostalgic apprehension of the present. LOCI AMOENI in his review of Augustus J. C. Hare’s Days near Rome (1875), Henry James commented: “The smallest pretext for quoting from Horace—the most quotable of the ancients— should always be cultivated.”5 His own facility for quoting from Horace was evident from his earliest published works, and belied an “extraordinarily haphazard and promiscuous” education shuttling, at his father’s restless instigation, between New England, Britain and Continental Europe.6 James’s biographer, Leon Edel, recorded the family legend that William James (Henry’s Irish grandfather), “who was eighteen in 1789, when he set foot in the New World, 22 little eternities brought with him a ‘very small sum of money,’ a Latin grammar and a desire to visit the fresh battlefields of the Revolutionary War.”7 Young Henry’s instruction in Latin grammar seems to have begun in the Old World, under a private tutor in London in 1855, a Scotsman named Robert Thomson who later ran a small school in Edinburgh attended by Robert Louis Stevenson. It... (shrink)

This paper presents a way of thinking about how to respond to the pluralism of modern societies that avoids any commitment to contractualist norms of political justification. The argument developed appeals to the notion of a constitutional settlement. Constitutional settlements are complex on-going social practices that both express certain values to which political societies are committed and establish procedures for resolving disputes among members of these societies. As such, they are a product of both moral commitment and the balance of (...) power. The paper shows how constitutional settlements relate to issues of stability and non-subjugation in politics, and explains how they can ground a distinction between justice and legitimacy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 41.4 (2003) 562-564 [Access article in PDF] Louis E. Loeb. Stability and Justification in Hume's Treatise. New York: Oxford University Press, 2002. Pp. xvi + 280. Cloth, $42.50. As is well known, in the last year of his life, Hume repudiated his Treatise of Human Nature in an Advertisement that he had placed at the front of the volume of his writings (...) containing his mature philosophical works. He asked that only the two Enquiries and other later philosophical writings be regarded as the source of "his philosophical sentiments and principles." But not leaving it at that, he admitted that there were "negligences in his... reasoning" and in his manner of expressing himself in the Treatise. More than twenty years earlier, Hume had admitted that publishing the Treatise in its imperfect state in his youth constituted "a very great Mistake in Conduct." But he did not have sufficient foresight to see that the admission he made in his old age constituted at least as bad an indiscretion of the same kind. Acknowledging mistakes in reasoning and in expression for a philosopher [End Page 562] is like waving a red flag in front of a bull. Two bulls in fact: the philosopher and the "reconstructive" historian of philosophy. The former is given ample work in correcting the older philosopher's mistakes; the latter in devising an interpretation of a text that apparently leaves itself open to many. Hence the immense popularity that Hume's Treatise of Human Nature has enjoyed in the two and a half centuries since he asked that it be disregarded. Who cares about "his philosophical sentiments and principles" anyway?Louis Loeb's study of epistemology in Hume's Treatise is both an exercise in "reconstructive history of philosophy" and a philosophical emendation of Hume's (reconstructed) "philosophical system." The first task is pursued in the first five chapters of the book; the second in the last two. "Reconstructive history" as practiced by Loeb does not try to provide "a balanced commentary" but rather "an illuminating and fruitful interpretive perspective" (viii) on what a philosopher has written. Loeb's perspective on Hume's epistemology is derived from details of Hume's psychology of the imagination developed mainly in sections 9-13 of part 3 of book 1, details which Hume himself considered "unnecessary" to the exposition of his mature epistemology in the first Enquiry. Loeb's philosophical emendations derive from his claim that Hume made certain mistakes which led him to despair of the success of his project and settle for sceptical conclusions in part 4. In the last two chapters of the book Loeb seeks to save Hume from his own sceptical conclusions.Loeb regards his account as a development and correction of the kind of naturalistic interpretation of Hume's epistemology that was originally developed by Norman Kemp Smith (21). A naturalistic theory of justification, according to Loeb, is one that grounds beliefs that one already considers to be justified in the psychological mechanisms that generate them. Whereas Kemp Smith argued that justification depends on the "irresistibility" or "inevitability" of the beliefs, Loeb holds that justification depends upon what he calls the "stability" of the belief generating mechanisms. A belief forming mechanism is stable just in case it produces a consistent set of beliefs that will stand up even under "reflection." For example, in part 3 of book 1 (81, 159, 238), Hume presents beliefs based on cause and effect as stable in this sense, and contrasts them with "unphilosophical" belief forming mechanisms such as indoctrination (education). Unlike the former, the latter mechanism generates beliefs that "are frequently contrary... to themselves in different times and places and is never on that account recognized by philosophers" (Treatise117). Furthermore, we have a positive motivation to accept stable mechanisms in that they produce ease or relief from psychological tension. Loeb links this goal both with the ancient Pyrrhonian quest for ataraxia (6-9) and with Hume's moral theory, where he seeks a general point of view as a relief from... (shrink)

Proclus composed 18 arguments for the eternity of the world and they survive only because Philoponus, intending to refute Proclus' arguments one by one, quotes each; one copy of Philoponus' work -- and so Proclus' arguments too -- survives. Because of their odd history, these arguments have received little attention either in themselves or in relation to Proclus' other works, even though they are intrinsically interesting and reflect his larger philosophical enterprise. I first examine Argument XVIII, in which Proclus (...) calls on "perpetuity", "eternity", and "time" to argue that the cosmos must be eternal. This argument leaves unanswered two important questions. The cosmos is caused by god and is itself a god; how can a cause and its effect both be gods? Proclus concludes that the cosmos is "a copy of the perpetuity of the eternal"; but what does this phrase -- and the conclusion that it expresses -- mean? To answer these questions, I turn to "The Elements of Theology," a systematic progression of 211 propositions disclosing the causal structure of all reality. "Eternity" and "time", along with "being perpetual", also appear here, particularly in propositions 40-55, to which I turn in the second part of this paper. They are conjoined with what Proclus calls "the Self-Constituted". I argue that by understanding the relation of the Self-Constituted as a cause to its effect, what depends upon another, we can also understand the causal relation between god and the cosmos. The cosmos can be called divine because, via the cause/effect relation between them, god and the cosmos are both eternal; the cosmos is "a copy of the perpetuity of the eternal" because via its relation to god, the cosmos becomes what its cause is, and in this precise sense an effect "imitates" its cause. (shrink)

This article investigates the constitutive ties of modernity and the modern subject to the phenomenon of boredom, through its interpretation by Walter Benjamin. The nineteenth century—with Paris as its capital—forms the material for this interpretation, and the fragmentary constellations of quotation and reflection in Convolute D of The Arcades Project present boredom both in its social aspect (the city as protagonist) and as experience. A number of the forms of boredom is thus elaborated: the relation of city dweller to nature (...) and the cosmos, as weather; in its temporal orientation, as waiting; the mechanistic character of the modern world and its subject, as repetition; in the cycles of production and consumption, as the ideological boredom of the ruling class. Among three of Benjamin’s typologies for the bored modern subject—the gambler, the flaneur, and the one who waits—I turn particularly to the experience of the flaneur, the dedicatee of Convolute D. In flaneurie the experience of boredom is accumulated and distributed, and in this way the flaneur is in the city but also constitutes and memorializes it, as boredom. This ambivalent relation to the urban fabric and landscape is also captured in his characteristic observation and exhibition, his consumption without acquisition and without production. After considering some possible antitheses to Benjamin’s types of boredom, I conclude with the reflection that passing over boredom to its opposite would require the overcoming of modern subjectivity itself. (shrink)

When choosing a voting rule to make subsequent decisions, the members of a committee may wish this rule to be self-selected when it is the object of a choice among a menu of different possible voting rules. Such concepts have recently been explored in Social Choice theory, and a menu of voting rule is said to be stable if it contains at least one self-selective voting rule at each profile of preferences on voting rules. We consider in this article the (...) menu constituted by the three well-known scoring rules {Borda, Plurality, and Antiplurality}. Under the Impartial Culture assumption, which proposes an a priori model to estimate the likelihood of the profiles, we will derive a probability for the stability of this triplet of voting rules. (shrink)

This short essay explores the importance of fear and violence in the genesis and life of constitutions, with a particular focus on the case of secession. Secession has been seen as a taboo and until recently constitutions tried to avoid mentioning it, considering such a phenomenon as an extra legal fact. A turning point has been represented by the famous Reference of the Canadian Supreme Court on Québec. Finally, in the last part of this work I shall try to present (...) some arguments in favour of the explicit constitutionalization of a secession clause in multi-national federalisms. (shrink)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims to track can (...) be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)

-/- This paper offers a preliminary interpretation of Nietzsche’s doctrine of Eternal Recurrence, according to which the doctrine constitutes a parable that, speaking of what is permanent in life, praises and justifies all that is impermanent. What is permanent, what always recurs, is the will to power or to self-overcoming that is the fundamental engine of all life. The operating mechanism of such a will consists in prompting the living to undergo transformations or transitory deaths, after which this fundamental engine (...) resurrects again and is once more activated. The individual human being, in his capacity as creator, is only a conscious and finite surrogate of this fundamental will. In confronting his abysmal thought of Eternal Recurrence, Zarathustra comes to the realization that the individual human being will never cease to be a mere transit that, while remaining in existence, will have to always return to the moment of his own self-overcoming. This means that the small man in each of us, the man that can be overcome, will always recur, and that even the greatest man we could become will still be too small and human all too human. Although this thought generates disgust with existence, it can also become a source of life-affirmation, when we learn to love our tragic destiny: that of never being able to realize the ideal of superhumanity that is recommended by the book, and, yet, that of eternally striving to realize it. (shrink)