The dialogue focuses on the major issues of the contemporary theoretical debate on judicial review and the Supreme Court's role in American constitutional democracy. The discussion begins with the US Supreme Court's case Hamdan v. Rumsfeld, successfully argued by Prof. Katyal last year, and covers important issues such as the separation and balance of powers after 9/11, the legitimacy of the laws of terror, the relation between US constitutional law and foreign law, the counter‐majoritarian difficulties posed by the exercise (...) of judicial review, and the legal academy's influence on legal practice. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In this study, we test the interactive effect on ethical decision-making of (1) personal characteristics, and (2) personal expectanciesbased on perceptions of organizational rewards and punishments. Personal characteristics studied were cognitive moral developmentand belief in a just world. Using an in-basket simulation, we found that exposure to reward system information influenced managers’ outcome expectancies. Further, outcome expectancies and belief in a just world interacted with managers’ cognitive moral development to influence managers’ ethical decision-making. In particular, low-cognitive moral development managers who (...) expected that their organization condoned unethical behavior made less ethical decisions while high cognitive moral development managers became more ethical in this environment. Low cognitive moral development managers also behaved less ethically when their belief in a just world was high. (shrink)

In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In (...) this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned. (shrink)

In this study, we test the interactive effect on ethical decision-making of (1) personal characteristics, and (2) personal expectanciesbased on perceptions of organizational rewards and punishments. Personal characteristics studied were cognitive moral developmentand belief in a just world. Using an in-basket simulation, we found that exposure to reward system information influenced managers’ outcome expectancies. Further, outcome expectancies and belief in a just world interacted with managers’ cognitive moral development to influence managers’ ethical decision-making. In particular, low-cognitive moral development managers who (...) expected that their organization condoned unethical behavior made less ethical decisions while high cognitive moral development managers became more ethical in this environment. Low cognitive moral development managers also behaved less ethically when their belief in a just world was high. (shrink)

1. La trasformazione dei principi di legittimazione degli ordinamenti giuridici contemporanei -- 2. I mutamenti nel sistema giuridico -- 3. Analisi del linguaggio giuridico, legistica e legimatica -- 4. I diritti difficili nel sistema giuridico.

In this paper, we provide an analysis of the concept of legal personality and discuss whether personality may be conferred on artificial intelligence systems (AIs). Legal personality will be presented as a doctrinal category that holds together bundles of rights and obligations; as a result, we first frame it as a node of inferential links between factual preconditions and legal effects. However, this inferentialist reading does not account for the ‘background reasons’ of legal personality, i.e., it does not explain why (...) we cluster different situations under this doctrinal category and how extra-legal information is integrated into it. We argue that one way to account for this background is to adopt a neoinstitutional perspective and to update the ontology of legal concepts with a further layer, the meta-institutional one. We finally argue that meta-institutional concepts can also support us in finding an equilibrium around the legal-policy choices that are involved in including (or not including) AIs among legal persons. (shrink)

The ethical treatment of cancer patientsparticipating in clinical trials requiresthat patients are well-informed about thepotential benefits and risks associated withparticipation. When patients enrolled in phaseI clinical trials report that their chance ofbenefit is very high, this is often taken as evidence of a failure of the informed consent process. We argue, however, that some simple themes from the philosophy of language may make such a conclusion less certain. First, the patient may receive conflicting statements from multiple speakers about the expected (...) outcome of the trial. Patients may be reporting the message they like best. Second, there is a potential problem of multivocality. Expressions of uncertainty of the frequency type can be confused with expressionsof uncertainty of the belief type. Patients may be informed using frequency-type statements and respond using belief-type statements. Third, each speech episode involving the investigator and the patient regarding outcomes may subservemultiple speech acts, some of which may beindirect. For example, a patient reporting ahigh expected benefit may be reporting a beliefabout the future, reassuring family members,and/or attempting to improve his or her outcome by apublic assertion of optimism. These sources oflinguistic confusion should be considered injudging whether the patient's reported expectation isgrounds for a bioethical concern that there hasbeen a failure in the informed consent process. (shrink)

BackgroundInformed consent forms are intended to facilitate research enrollment decisions. However, the technical language in institutional templates can be unfamiliar and confusing for decision-makers. Standardized language describing financial implications of participation, namely compensation for injury and costs of care associated with participating, can be complex and could be a deterrent for potential participants. This standardized language may also be misleading in the context of comparative effectiveness trials of standard care interventions, in which costs and risk of injury associated with participating (...) may not differ from regular medical care. In addition, the revised U.S. Common Rule contains a new requirement to present key information upfront; the impact of how this requirement is operationalized on comprehension and likelihood of enrollment for a given study is unknown.MethodsTwo online surveys assessed the impact of (1) changes to compensation for injury language (standard vs. tailored language form) and (2) changes to the key information page (using the tailored compensation language form with standard key information vs. modified key information vs. modified key information plus financial information) on both likelihood of enrollment in and understanding of a hypothetical comparative effectiveness trial.ResultsLikelihood of enrolling was not observed to be different between the standard and tailored language forms in Study 1 (73 vs. 75%; p = 0.6); however, the tailored language group had a higher frequency of understanding the compensation for injury process specific to the trial (25 vs. 51%; p < 0.0001). Modifications to the key information sheet in Study 2 did not affect likelihood of enrolling (88 vs. 85 vs. 85%; p = 0.6); however, understanding of randomization differed by form (44 vs. 59 vs. 46%; p = 0.002).ConclusionsThese findings suggest that refining consent forms to clarify key information and tailoring compensation for injury language to the nature of the study, especially in the context of comparative effectiveness trials, may help to improve study comprehension but may not impact enrollment. (shrink)

ObjectivesThe purpose of the current study was to examine whether a self-report measure identifies prenatal substance use and predicts resulting adverse birth outcomes in a large cohort using electronic medical records.MethodsPregnant patients who were admitted between 2014 and 2015 at Christiana Care Health System and delivered singleton birth were included in the analyses. Participant demographic information, pregnancy comorbidities, self-reported substance use, and birth outcomes were retrieved from electronic medical records. Detailed descriptive analyses of prenatal substance use were conducted, and logistic (...) models were evaluated for the associations between substance use and each birth outcome.ResultsThe average maternal age was 30 years, 37% receiving Medicaid. Over 58% were White, 26% were Black, and 13% were Hispanic. Cigarette smoking only showed the highest prevalence among substance u... (shrink)

We describe the ongoing citations to biomedical articles affected by scientific misconduct, and characterize the papers that cite these affected articles. The citations to 102 articles named in official findings of scientific misconduct during the period of 1993 and 2001 were identified through the Institute for Scientific Information Web of Science database. Using a stratified random sampling strategy, we performed a content analysis of 603 of the 5,393 citing papers to identify indications of awareness that the cited articles affected by (...) scientific misconduct had validity issues, and to examine how the citing papers referred to the affected articles. Fewer than 5% of citing papers indicated any awareness that the cited article was retracted or named in a finding of misconduct. We also tested the hypothesis that affected articles would have fewer citations than a comparison sample; this was not supported. Most articles affected by misconduct were published in basic science journals, and we found little cause for concern that such articles may have affected clinical equipoise or clinical care. (shrink)

The food supply is complicated and consumers are increasingly calling for labeling on food to be more informative. In particular, consumers are asking for the labeling of food derived from genetically modified organisms based on health, safety, and environmental concerns. At issue is whether the labels that are sought would accurately provide the information desired. The present study examined consumer perceptions of health, safety and the environment for foods labeled organic, natural, fat free or low fat, GMO, or non-GMO. Findings (...) indicated that respondents consistently believed that foods labeled GMO are less healthy, safe and environmentally-friendly compared to all other labels. These results suggest that labels mean something to consumers, but that a disconnect may exist between the meaning associated with the label and the scientific consensus for GMO food. These findings may provide insight for the development of labels that provide information that consumers seek. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

The PRDM family has recently spawned considerable interest as it has been implicated in fundamental aspects of cellular differentiation and exhibits expanding ties to human diseases. The PRDMs belong to the SET domain family of histone methyltransferases, however, enzymatic activity has been determined for only few PRDMs suggesting that they act by recruiting co‐factors or, more speculatively, confer methylation of non‐histone targets. Several PRDM family members are deregulated in human diseases, most prominently in hematological malignancies and solid cancers, where they (...) can act as both tumor suppressors or drivers of oncogenic processes. The molecular mechanisms have been delineated for only few PRDMs and little is known about functional redundancy within the family. Future studies should identify target genes of PRDM proteins and the protein complexes in which PRDM proteins reside to provide a more comprehensive understanding of the biological and biochemical functions of this important protein family. (shrink)

In this consensus report by a diverse group of academics who conduct and/or are concerned about social and behavioral genomics (SBG) research, the authors recount the often‐ugly history of scientific attempts to understand the genetic contributions to human behaviors and social outcomes. They then describe what the current science—including genomewide association studies and polygenic indexes—can and cannot tell us, as well as its risks and potential benefits. They conclude with a discussion of responsible behavior in the context of SBG research. (...) SBG research that compares individuals within a group according to a “sensitive” phenotype requires extra attention to responsible conduct and to responsible communication about the research and its findings. SBG research (1) on sensitive phenotypes that (2) compares two or more groups defined by (a) race, (b) ethnicity, or (c) genetic ancestry (where genetic ancestry could easily be misunderstood as race or ethnicity) requires a compelling justification to be conducted, funded, or published. All authors agree that this justification at least requires a convincing argument that a study's design could yield scientifically valid results; some authors would additionally require the study to have a socially favorable risk‐benefit profile. (shrink)

The earlier volume in this series dealt with two religions of Indian origin, namely, Buddhism and Jainism. The Indian religious scene, however, is characterized by not only religions which originated in India but also by religions which entered India from outside India and made their home here. Thus religious life in India has been enlivened throughout its history by the presence of religions of foreign origin on its soil almost from the very time they came into existence. This volume covers (...) three such religions—Zoraoastrianism, Judaism, and Islam. In the case of Zoraostianism, even its very beginnings are intertwined with India, as Zoroastrianism reformed a preexisting religion which had strong links to the Vedic heritage of India. This relationship took on a new dimension when a Zoroastrian community, fearing persecution in Persia after its Arab conquest, sought shelter in western India and ultimately went on to produce India’s pioneering nationalist in the figure of Dadabhai Naoroji ( 1825-1917), also known as the Grand Old Man of India. Jews found refuge in south India after the destruction of the Temple by the Romans in 70 C.E. and have remained a part of the Indian religious scene since then, some even returning to Israel after it was founded in 1948. Islam arrived in Kerala as soon as it was founded and one of the earliest mosques in the history of Islam is found in India. Islam differs from the previously mentioned religions inasmuch as it went on to gain political hegemony over parts of the country for considerable periods of time, which meant that its impact on the religious life of the subcontinent has been greater compared to the other religions. It has also meant that Islam has existed in a religiously plural environment in India for a longer period than elsewhere in the world so that not only has Islam left a mark on India, India has also left its mark on it. Indeed all the three religions covered in this volume share this dual feature, that they have profoundly influenced Indian religious life and have also in turn been profoundly influenced by their presence in India. (shrink)

Researchers from diverse disciplines, including organismal and cellular physiology, sports science, human nutrition, evolution and ecology, have sought to understand the causes and consequences of the surprising variation in metabolic rate found among and within individual animals of the same species. Research in this area has been hampered by differences in approach, terminology and methodology, and the context in which measurements are made. Recent advances provide important opportunities to identify and address the key questions in the field. By bringing together (...) researchers from different areas of biology and biomedicine, we describe and evaluate these developments and the insights they could yield, highlighting the need for more standardisation across disciplines. We conclude with a list of important questions that can now be addressed by developing a common conceptual and methodological toolkit for studies on metabolic variation in animals. (shrink)

With his Logic of Incarnation, James K. A. Smith has provided a compelling critique of the universalizing tendencies in some strands of postmodern philosophy of religion. A truly postmodern account of religion must take seriously the preference for particularity first evidenced in the Christian account of the incarnation of God. Moving beyond the urge to universalize, which characterizes modern thought, Smith argues that it is only by taking seriously particular differences--historical, religious, and doctrinal--that we can be authentically religious and authentically (...) postmodern. Smith remains hugely influential in both academic discourse and church movements. This book is the first organized attempt to bring both of these aspects of Smith's work into conversation with each other and with him. With articles from an internationally respected group of philosophers, theologians, pastors, and laypeople, the entire range of Smith's considerable influence is represented here. Discussing questions of embodiment, eschatology, inter-religious dialogue, dogma, and difference, this book opens all the most relevant issues in postmodern religious life to a unique and penetrating critique. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

This chapter is an intervention into the interpretation of Franz Kafka's great novels The Trial and The Castle; implicitly, it constitutes a divided assault on the divisiveness of the law. In Roman law, slander represented so serious a threat for the administration of justice that the false accuser was punished by the branding of the letter K on his forehead. The gravity of slander is a function of its calling into question the principle itself of the trial: the moment of (...) accusation. K.'s strategy can be defined with more precision as the failed attempt to render impossible, not the trial, but the confession. The profession of the protagonist of The Castle is addressed. The interpretation according to which K. wants to be accepted by the castle and settle in the village would then appear all the more mistaken. (shrink)

Creation and salvation -- What is the contemporary? -- K. -- On the uses and disadvantages of living among specters -- On what we can not do -- Identity without the person -- Nudity -- The glorious body -- Hunger of an ox : considerations on the Sabbath, the feast, and inoperativity -- The last chapter in the history of the world.

The End of Materialism: How Evidence of the Paranormal Is Bringing Science and Spirit Together by Charles T. Tart. Philosophy of Personal Identity and Multiple Personality by Logi Gunnarsson. Eusapia Palladino and Her Phenomena by Hereward Carrington. Can the Mind Survive beyond Death? In Pursuit of Scientific Evidence by Satwant K. Pasricha. Morphic Resonance: The Nature of Formative Causation by Rupert Sheldrake. A New Science of Life: The Hypothesis of Formative Causation by Rupert Sheldrake. “Why AI Is a Dangerous Dream,” (...) Opinion, Interview with Noel Sharkey by Nic Fleming. (shrink)

In her recent writings on the powers and limits of psychoanalysis, Julia Kristeva develops a theory of power and subjectivity that engages implicitly, if not explicitly, with biopolitical themes. Exploring these engagements, this paper draws on Kristeva to discuss the mute symptoms of homo sacer and the regulatory power of the spectacle. Staging an uncommon (and sometimes antagonistic) conversation between Kristeva, Agamben, and Foucault, I construct a field of inquiry that I term the “psychic life of biopolitics.”.

In 1959, Neal Miller made the bold claim that the Stimulus–Response, Behaviorist models of that era were describing the way in which stimuli lead to the entry of contents into consciousness. Today, researchers have begun to investigate the link between external stimuli and involuntary entry, using paradigms such as the reflexive imagery task, the focus of our review. The RIT has revealed that stimuli can elicit insuppressible entry of high-level cognitions. Knowledge of the boundary conditions of the RIT effect (...) illuminates the limitations of involuntary processes and the role of consciousness in the regulation of behavior. We review the boundary conditions of this paradigm as well as its systematic effects. Systematic effects are unlikely to be due to experimental demand. While reviewing each effect, we consider its theoretical implications. In addition, throughout our review, we discuss future directions for the study of insuppressible entry using the RIT. Last, we discuss a theoretical development that stems from the RIT and illuminates how involuntary entry and encapsulation, though at times disadvantageous for the actor, are essential for adaptive action selection during the course of ontogeny. (shrink)

To this day, the Italian Jewish literary postwar canon is undisputedly ruled by Primo Levi, Giorgio Bassani and Carlo Levi. This study of three major Italian Jewish women writers – Natalia Ginzburg, Clara Sereni and Lia Levi – highlights the presence in Italian literature of a subversive Jewish écriture feminine. These writers’ formal independence and subversive redeployment of narrative and thematic strategies not only consolidated a strong female voice in Italian literature but also produced a specific Italian brand of (...) Jewish literature. The following analysis shows how, through their literary ‘life miniatures’, Ginzburg, Sereni and Levi recentre the domestic everydayness of woman’s personal and historical experience, while, simultaneously, challenging the traditional representations of women’s positions within family and within the public space, as well as interrogating their Jewish identity vis-a-vis their country’s Fascist past. In particular, this article focuses on the way in which all three authors portray themselves as women trying to strike a balance between their Jewish identity and history alive only in the domestic space of their family lives, and their gender identity which is repressed by the patriarchal system both in the house and in the public arena. These women respond by moving ‘out’ of their homes, by exploring the city space – thus turning the ‘urban monster’ into a positive locus for women’s self-determination and political action – and by bonding with other women. Through a demasculinization of the city space, these memoirs re-elaborated notions of family, Judaism, private and historical memory, and they reinvented a poetics for the ‘small virtues’ of woman’s everyday existence while also pioneering a new space in literature that radically changed the direction of patriarchal Italian culture in the second half of the twentieth century. (shrink)

continent. 1.2 (2011): 145-147. Here I accoutred myself in my new habiliments; and, having em- ployed the same precautions as before, retired from my lodging at a time least exposed to observation. It is unnecessary to des- cribe the particulars of my new equipage; suffice it to say, that one of my cares was to discolour my complexion, and give it the dun and sallow hue which is in most instances characteristic of the tribe to which I assumed to belong; (...) and that when my metamorphosis was finished, I could not, upon the strictest ex- amination, conceive that any one could have traced out the per- son of Caleb Williams in this new disguise. William Godwin Caleb Williams (352). Giorgio Agamben. Nudities . Trans. David Kishik and Stefan Pedatella. Stanford: Stanford University Press, 2011. 144 pp. | 10 illustrations. | ISBN: 9780804769501 | $16.95 A. The Protective Overcoat. The most pervasive, resilient, robust, sneaky, and significant concept in all of Giorgio Agamben’s essays is that of separation. This is not the same as alienation. Separation is more nostalgic, for Agamben valorizes an ancient world in which human society and its beings were not subject to such separation. He implies that these separations are damaging to human beings, crippling them at the very level of their identities. $4.99 B. The Handsome Gloves. Giorgio Agamben’s Nudities , like Profanations before it, employs a wide range of subjects in order to establish separation as a metaphor, in much the same way that interdisciplinary scholars have adopted Michel Foucault’s concepts in order to rethink societies and texts. The longest essay from Profanations, entitled “In Praise of Profanation,” laments humankind’s inability to profane as the result of what Walter Benjamin has called “the capitalist religion.” Likewise, “Nudity” adopts a pessimistic stance on the Christian theological tradition’s perverse asphyxiation of the unclothed body. $2.50 C. The Hoop Earrings. Religion separates humans from things by procuring for itself items as “sacred,” thus taking them out of common use. In this state, human beings are unable to play with them, unable to change their use-value. They become off-limits, museified. $1,499.00 D. The Uncomfortable Shoes. Biometrics polices identity, replacing meaningful metrics of identity. It is a deplorable situation that leaves human beings in danger of, and indeed already victims of, mass persecution. $111.75 E. The Prince Albert. One could characterize Giorgio Agamben’s desire to catalogue a history of ignorance as a recognition that human beings are separated from knowledge by language. Where then is the prophet, and how shall we be saved? $49.50 + tip F. The Corset. Franz Kafka’s character of Joseph K. has put himself on trial, as in Roman trials when the Kalumniator was marked with the letter K. The torture he undergoes is meant to elicit a confession of the truth. It is possible that Giorgio Agamben perceives his role as a philosopher to be confined to self-trial, and that with every passage he flays the unclothed page with prophetic intent. $27.00 G. The Derby. Giorgio Agamben himself tries to bridge various separations through exploratory play. He is not a performative writer semantically, but his exploratory style is rooted in the play spirit. His strategy of numbering points is almost comical, yet it is not misleading. It is play, after all, not ruse. He denudes with pecks, like carrion on a tattered corpse. $11.00 H. The Trousers. Although Giorgio Agamben is elsewhere concerned with the profanation of religion’s apparatuses, in essay nine he would like to consider what is consumed during days of inoperativity, how religion governs these, and how to account for our binges and purges. Inoperativity is inextricably bound to feasting, to the festival. $24.50 I. The Stylish Belt. The only essay in Nudities to contain photographs is the essay entitled, “Nudity.” All of these photographs project human bodies. $.01 I The aim here is not to tap into an original state prior to the separation but to comprehend and neutralize the apparatus that produced this separation. (66) II The contemporary is he who firmly holds his gaze on his own time so as to perceive not its light but rather its darkness. (13) III We can therefore only experience nudity as a denudation and a baring, never as a form and a stable possession. (65) IV Just as genius and talent originally distinct and even opposite—are nevertheless united in the work of the poet, so the work of creation and the work of salvation, inasmuch as they represent the two powers of a single God, remain in some way secretly conjoined. (6) V In our culture, the face-body relationship is marked by a fundamental asymmetry, in that our faces remain for the most part naked, while our bodies are normally covered. (88) VI Every man initiates a slanderous trial against himself. (21) VII The glorious body is not some other body, more agile and beautiful, more luminous and spiritual; it is the body itself, at the moment when inoperativity removes the spell from it and opens it up to a new possible common use. (103) VIII As Kleist understood so well, the relationship with a zone of nonknowledge is a dance. (114) IX The deactivation of this apparatus retroactively operates, therefore, as much on nature as on grace, as much on nudity as on clothing, liberating them from their theological signature. (90) X At any rate, whether festive inoperativity precedes religion or results from the profanation of its apparatuses, what is essential here is a dimension of praxis in which simple, quotidian human activities are neither negated nor abolished but suspended and rendered inoperative in order to be exhibited, as such, in a festive manner. (112) XI This is just how much [of] the land [the] surveyor is allowed to catch a glimpse. (36). (shrink)

According to many first-person accounts, consciousness comprises a subject-object structure involving a mental action or attitude starting from the “subjective pole” upon an object of experience. In recent years, many paradigms have been developed to manipulate and empirically investigate the object of consciousness. However, well-controlled investigation of subjective aspects of consciousness has been more challenging. One way, subjective aspects of consciousness are proposed to be studied is using meditation states that alter its subject-object structure. Most work to study consciousness in (...) this way has been done using Buddhist meditation traditions and techniques. There is another meditation tradition that has been around for at least as long as early Buddhist traditions with the central goal of developing a fine-grained first-person understanding of consciousness and its constituents by its manipulation through meditation, namely the Tantric tradition of Yoga. However, due to the heavy reliance of Yogic traditions on the ancient Indian Samkhya philosophical system, their insights about consciousness have been more challenging to translate into contemporary research. Where such translation has been attempted, they have lacked accompanying phenomenological description of the procedures undertaken for making the precise subject-object manipulations as postulated. In this paper, I address these issues by first detailing how Tantric Yoga philosophy can be effectively translated as a systematic phenomenological account of consciousness spanning the entirety of the subject-object space divided into four “structures of consciousness” from subject to object. This follows from the work of the 20th century polymath and founder of the Tantric Yoga school of Ananda Marga, Prabhat Ranjan Sarkar, who expounded on the “cognitivization” of Samkhya philosophy. I then detail stepwise meditation procedures that make theoretical knowledge of these structures of consciousness a practical reality to a Tantric Yoga meditator in the first-person. This is achieved by entering meditative states through stepwise experiential reduction of the structures of consciousness from object to subject, as part of their meditative goal of “self-realization.” I end by briefly discussing the overlap of these putative meditation states with proposed states from other meditation traditions, and how these states could help advance an empirical study of consciousness. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In 1999, Neale Donald Walsch wrote three little books, each focusing on different areas of life: Neale Donald Walsch on Relationships, Neale Donald Walsch on Holistic Living, and Neale Donald Walsch on Abundance and Right Livelihood. In 2010, these three books were published in a single volume as Neale Donald Walsch's Little Book of Life. Walsch describes this book as a thousand pages of dialogue in the Conversations with God series reduced down to a few salient points and a few (...) very direct observations about how to render them functional. Readers can think of this book as either Conversations with God in a Nutshell or the Essential Conversations with God. Here are the basic principles for: Satisfying personal relationships; Living a joyful, harmonious life; Discovering authentic prosperity. Walsch's words provide hope and help for readers living in particularly challenging times. This is indeed Walsch's essential life guide for twenty-first century readers."--Back cover. (shrink)

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

O presente artigo propõe-se fazer uma releitura da actualidade paradoxal de Heidegger. Para além das inegáveis ambiguidades da sua vida, encontramos no seu caminho de pensamento a prova de uma vigorosa crítica da ideologia compreendida no seu sentido mais radical. O seu pensamento pode ser compreendido como uma destruição "sistemática" dos momentos fundadores em torno dos quais se constituiu uma parte da reflexão ocidental (ontoideológica), enquanto que afirmação ideológica (autoreferencial) de verdade e valores que mascaram e justificam o poder do (...) homem sobre e contra o outro homem. No coração desta Destruktion está uma experiência do pensamento que dispõe para a escuta de um ser cujo poder essencial é o de deixar-ser, sem revendicar um poder-saber sobre aquilo que é dado. Neste lugar de abertura ex-statica, que constitui o abismo (Ab-Grund) de todo o pensamento autocentrado e que não se dá sem riscos, abre-se a possibilidade de uma nova compreensão antropológica e ética. /// This article attempts to offer a re-reading of the paradoxical relevance of Heidegger for the present times. Beyond the undeniable ambiguities of his life, we can find in the course of his thought a vigorous critique of ideology in the most radical sense of the word. His thought may be understood as a u systematic" destruction of the foundational moments upon which Western thought (as onto-theological) is established. This is done to the degree that it conceals a self-referring ideological affirmation of truth and values that hides and justifies the exercise of power of human beings over and against each other. At the heart of this Destruktion, there is an experience of thought disposed to attentively hear a being whose essential power consists in letting-be, without claiming knowledge as a power to impose itself on what is given. In this space of ex-static opening, constituting the abyss of all self-centered thought together with the risks that it involves, the possibility of a new anthropological and ethical understanding is in the offing. (shrink)