The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal (...) positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition. (shrink)

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal (...) constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

This article reinterprets the Kelsen-Schmitt debate in the context of social systems theory and rethinks its major concepts as part of legal and political self-reference and systemic differentiation. In Kelsen?s case, it is the exclusion of sovereignty from juridical logic that opens a way to the self-reference of positive law. Similarly, Schmitt constructed his concept of the political as a self-referential system of political operations protected from the social environment by the medium of power. The author argues that the process (...) of legal and political globalisation rules out the possibility of formulating substantive theories of the state associating this particular social organisation with metaphysical values and a self-validating collective identity. Kelsen and Schmitt continue to inspire current theories of non-metaphysical globalised law and politics. However, the constitutional state and sovereignty need to be reformulated as a meeting point of functionally differentiated and globalised legal and political communications and not as their ultimate end. (shrink)

‘We must newly conceive the time of law. To do so, the book calls for a more temporally attuned constitutional theory that places a principle of anti-reification at the centre of its jurisprudentia...

New Proposals for New Questions Nuevas propuestas para nuevas cuestiones In six sections, the volume deals with different questions of political philosophy. The first section focuses on democratic theories, the second on conceptual debates, discussing topics such as collective rights, the terrorist phenomenon, Libertarianism and conceptions of freedom. In a third section on contemporary debates, perspectives on sovereignity and legitimacy as well as discourse theory versus political liberalism are discussed. The volume also features essays on democracy and law, and in (...) a section entitled oJudicial construction of democracyo papers on constitutional reviews by judges in the Netherlands as well as the construction of democracy in the context of Latin-American democracies. Finally, in the last section the volume deals with the European Constitutional Treatise, analysing the arguments and examining the legitimacy crisis and the main objections displayed against this treatise. Contents I. On Democratic theory / Teoria de la democracia: Eerik Lagerspetz: The Problem of the Common Good in Democratic Theory Sergiy Maksymov: The Kantian Project of the Law Governed Society and New Democracies II. Conceptual debates / Debates conceptuales: Martin Blanchard: Recognition and the Case of Indigenous Reparations: A Habermasian Critique of Habermas Bronik Matwijkiw: The failed Model of Terrorism Susumu Morimura: The Libertarian View of Human Nature Jonathan E. Soeharno: Freedom as Second Nature. Exploring the value of Hegel's concept of Autonomous Personality for Global institutional theory Hashimoto Tsutomu: On the Concept of Positive and Negative Liberty III. Contemporary debates / Debates contemporaneos: Terhi Kiiskinen: Sovereignty Revisited: On Inalienable Constitutional Power Luiz B. Leite Araujo: A Decade of Debate: Discourse Theory versus Political Liberalism IV. Democracy and law / Democracia y derecho: Kenneth E. Himma: Does it really mather whether a Judicial Decision is morally Legitimate? The practical implications of Judicial Illegitimacy in a otherwise Legitimate State Carl Lebeck: Commitments, Rules and the limits of Constitutionalism Oliver W. Lembcke: Exception Rules? Freedom and the Order in a State of Exception Bart van Klink: Does Necessity knows no Laws? Application of Law in a State of Exception Costanza Margiotta: Ideas and Values of the oLegalo State Jiri Priban: Constitution-Making. Morality and Legal Symbolism: on Identity, Temporality and Differentiation of the legal, political and moral Systems V. Judicial construction of democracy / Construccion judicial de la democracia: Maurice Adams: Judging the Constitution: the Third Way. Some reflections on the introduction of Constitutional Review by Judges in The Netherlands Larry Alexander: What is the Problem of Judicial Review? Roberto Corona Copado: Las reglas del juego democratico. La Suprema Corte de Justicia de Mexico en la solucion de controversias entre organos del poder politico desde 1995 Jose de J. Ibarra Cardenas: La construccion judicial de la Democracia en Iberoamerica VI. Deliberation on European constitutional norm / Deliberacion sobre la nueva constitucion europea: Olaf Tans: Deliberating European Constitucional Norms. An Analysis of arguments Carla M. Zoethout: The Court and the Charter or Who Guards the Court of Justice of the EU under the new Constitution?. (shrink)

Model-theoretic concepts of saturation and categoricity are studied in the context of accessible categories. Accessible categories which are categorical in a strong sense are related to categories of $M$-sets ($M$ is a monoid). Typical examples of such categories are categories of $\lambda$-saturated objects.

History and the philosophy of science have played a very important role in dialectical materialism; their results have been destined to support the correctness of the ideas of Marxist philosophers, especially in their application in historical materialism.From this point of view, the circumstances of the origin of the works of the Marxist classics cannot be neglected: Engels wrote hisDialectics in Nature in the period of classical physics, and Lenin published hisMaterialism and Empirio-Criticism at the beginning of the 20th century when (...) our modern physics first began: shortly before the publication of Lenin's book, Röntgen and Becquerel discovered new kinds of radiation, Balmer published his ideas concerning the regularity of the hydrogen spectrum, Plank wrote his first articles about the elementary quantum and Einstein published his three famous articles (1905). (shrink)

The successful early acquisition of reading literacy represents a crucial learning process determining the further course of academic development (Stanovich, 2009). During this process, interactions between children and their proximal social environment are of utmost importance. Therefore, we introduce a systemic framework for the development of learning potential (e.g., Mudrak et al., 2015, 2019, 2019b; Ziegler & Stoeger, 2017) and explore the interactions between the social and motivational processes associated with reading literacy development in school-age children. We base our analysis (...) on a representative Czech sample of fourth-grade pupils involved in the Progress in International Reading Literacy study (PIRLS, Martin et al., 2016). On the basis of the systemic framework, we hypothesized hierarchical relationships among family socioeconomic status, related developmental resources (including parental support, expectations, and reading resources), children’s reading motivation (including reading engagement and reading confidence), and manifested learning outcomes (including school grades and reading competence). We implemented three structural equation models to test the hypothesized relationships. The first model tested the direct effect of developmental resources on reading competence. The second model included the motivational variables as mediators between resources and competence. The third model included school grades as mediators between resources and motivational variables. Our analyses indicated the good fit of the proposed models. The final model explained 37.8 % of the variance in children’s school grades and 46.5 % of the variance in reading literacy test scores (compared to 34.8 % in the first model). Moreover, parental socioeconomic status was strongly associated with parental expectations, which were associated with reading confidence, partially through the effect of parental expectations on children’s school grades. Reading confidence was the main predictor of reading literacy within the model, followed by the direct effects of parental resources. The results illustrate complex processes through which the family environment affects the development of learning competencies such as reading literacy by providing children with the relevant social and material resources associated with their motivation and school outcomes. We discuss some of the reasons that these relationships may take place and consider their implications for educational practice. (shrink)

Finitary quasivarieties are characterized categorically by the existence of colimits and of an abstractly finite, regularly projective regular generator G. Analogously, infinitary quasivarieties are characterized: one drops the assumption that G be abstractly finite. For (finitary) varieties the characterization is similar: the regular generator is assumed to be exactly projective, i.e., hom(G, –) is an exact functor. These results sharpen the classical characterization theorems of Lawvere, Isbell and other authors.

The classical liberal approach to deregulation is based on the consecutive elimination of state regulatory activities and their substitution by competitive market structure. Increasing competition accompanied with decreasing arbitrary state agencies’ interventions will undoubtedly cultivate the behaviour of market agents and bring benefits to consumers.The classical liberal approach to deregulation is incompatible with the EU deregulation model, which in case of network industries is still based on the permanent existence of regulatory agencies, Third-Party-Access, public service liability, centralized control of investments (...) and the negative reciprocity. The adoption of these principals will at least delay deregulation process in transition economies but will likely preserve the cartel structure on the utility markets.Economics of regulation and implicitly economics of deregulation is a product of the Chicago School of Economics. Since current “deregulation process” leads to tighter regulation, the adequate term for it should be the reregulation.L’approche libérale classique de la réglementation repose sur l’élimination de la réglementation étatique et leur substitution par des structures marchandes concurrentielles. Une concurrence accrue et une diminution des interventions arbitraires de l’état ne pourront que modifier le comportement des agents sur le marché et engendrer des bénéfices pour les consommateurs.L’approche de la déréglementation du libéralisme classique est incompatible avec le modèle de déréglementation de l’Union Européenne : dans le cas des industries en réseau, ce dernier demeure fondé sur l’existence continue d’agences de réglementation, la responsabilité du service public, le contrôle centralisé des investissements et la réciprocité négative. L’adoption de ces principes aura pour effet au moins de retarder le processus de déréglementation dans les économies en transition et probablement aussi de préserver la structure cartellisée des marchés de services publics.L’économie de la réglementation, et par implication, l’économie de la déréglementation est une contribution émanant de l’Ecole d’Economie de Chicago. Parce que les “processus de déréglemen- tation” en vigueur induisent des réglementations plus drastiques, l’expression appropriée devrait plutôt être la re-réglementation. (shrink)

We study search problems and reducibilities between them with known or potential relevance to bounded arithmetic theories. Our primary objective is to understand the sets of low complexity consequences of theories Si2 and Ti2 for a small i, ideally in a rather strong sense of characterization; or, at least, in the standard sense of axiomatization. We also strive for maximum combinatorial simplicity of the characterizations and axiomatizations, eventually sufficient to prove conjectured separation results. To this end two techniques based on (...) the Herbrand's theorem are developed. They characterize/axiomatize Σb1-consequences of Σb2-definable search problems, while the method based on the more involved concept of characterization is easier and gives more transparent results. This method yields new proofs of Buss' witnessing theorem and of the relation between PLS and Σb1, and also an axiomatization of Σb1. (shrink)

Consistent application of dialectical materialism leads Marxism-Leninism to the assertion that matter is infinite in its properties. However, the history of physics shows that the various levels of matter possess geometric dimensions that originate at the lowest level and continue through the others. The search for absolute natural constants — which Planck called the most pleasant task of physics — shows the conviction of the physicists that there is a limit to the parameters, a limit beyond which matter is no (...) longer divisible. (shrink)

Based especially on The Elementary Forms of Religious Life (1912) the text tries to delimitate contours of „Durkheim’s epistemology“ (i. e. relatively coherent group of assertions). It argues that the deep „objective“ of this connection is to ensure autonomy and specific field for the new-born scientific province, sociology, through the claim that this contribution can solve and actually does solve (from the French sociologist’s point of view) „traditional epistemological hardships“ into which philosophical empiricism and rationalism fall. Durkheim’s sociological deduction of (...) categories (instead of transcendental deduction), as Ernst Cassirer calls it, is presented in contrast to the „holy positivists interpretations“ of his writing, exclusively intentional conceptualizations of action and notion formation, and correspondence theory of truth. The text concludes that despite noticeable inconsistencies Durkheim’s suggestions provide inspiring material even for today’s sociological production in this field. (shrink)

Deschamps, Léger Marie,1716-1774; enlightenment; utopias; art and philosophy; philosophy, modern; 18th century.

If S, T are stationary subsets of a regular uncountable cardinal κ, we say that S reflects fully in $T, S , if for almost all α ∈ T (except a nonstationary set) S ∩ α is stationary in α. This relation is known to be a well-founded partial ordering. We say that a given poset P is realized by the reflection ordering if there is a maximal antichain $\langle X_p; p \in P\rangle$ of stationary subsets of $\operatorname{Reg}(\kappa)$ so that (...) $\forall p, q \in P \forall S \subseteq X_p, T \subseteq X_q \text{stationary}: (S We prove that if $V = L\lbrack\overset{\rightarrow\mathscr{U}}\rbrack, o^\mathscr{U} (\kappa) = \kappa^{++}$ , and P is an arbitrary well-founded poset of cardinality ≤ κ + then there is a generic extension where P is realized by the reflection ordering on κ. (shrink)

Přehledová studie sleduje a analyzuje proměny pojmu sociální inovace. Na základě silné společenské poptávky se z původně dílčí, teoreticky nediskutované a nefixované kategorie stává kategorie obecná. Pokrývá širokou oblast nemateriálních inovací a zároveň se profiluje jako aktivita normativní a intencionální, zaměřená na obecně uznávané sociální cíle. Co do ideově-hodnotových orientací současných koncepcí sociálních inovací studie identifikuje kromě mainstreamu, který zůstává u otevřených hodnotových charakteristik, ještě směr emancipačně-mobilizační a sociálně-tržně odpovědný. V epistemologické rovině se teoretici sociálních inovací hlásí především k praktickému (...) experimentování, pragmatismu, teorii komplexnosti a principům transdisciplinarity. (shrink)

In this paper, I explore several versions of the bundle theory and the substratum theory and compare them, with the surprising result that it seems to be true that they are equivalent (in a sense of 'equivalent' to be specified). In order to see whether this is correct or not, I go through several steps : first, I examine different versions of the bundle theory with tropes and compare them to the substratum theory with tropes by going through various standard (...) objections and arguing for a tu quoque in all cases. Emphasizing the theoretical role of the substratum and of the relation of compresence, I defend the claim that these views are equivalent for all theoretical purposes. I then examine two different versions of the bundle theory with universals, and show that one of them is, here again, equivalent to the substratum theory with universals, by examining how both views face the famous objection from Identity of Indiscernibles in a completely parallel way. It is only the second, quite extreme and puzzling, version of the bundle theory with universals that is not be equivalent to any other view; and the diagnosis of why this is so will show just how unpalatable the view is. Similarly, only a not-so-palatable version of the substratum theory is genuinely different from the other views; and here again it's precisely what makes it different that makes it less appealing. (shrink)

In this book, Jiri Benovsky defends the view that he doesn't exist. In this book, he also defends the view that this book itself doesn't exist. But this did not prevent him to write the book, and although in Benovsky's view you don't exist either, this does not prevent you to read it. Benovsky defends a brand of non-exceptionalist eliminativism. Some eliminativists, typically focusing on ordinary material objects such as chairs and hammers, make exceptions, for instance for blue whales (that (...) is, living beings) or for persons (that is, conscious organisms). Benovsky takes one by one all types of allegedly existing objects like chairs, whales, and persons and shows that from the metaphysical point of view they are more trouble than they are worth – we are much better off without them. He thus defends an eliminativist view about ordinary objects as well as the 'no-Self' view, where he explores connections between metaphysics, phenomenology, and Buddhist thought. He then also considers the case of aesthetic objects, focusing on musical works and photographs, and shows that the claim of their non-existence solves the many problems that arise when one tries to find an appropriate ontological category for them, and that such an eliminativist view is more natural than what we might have thought. The arguments provided here are always topic-specific: each type of entity is given its own type of treatment, thus proving a varied and solid foundation for a generalized, non-exceptionalist, full-blown eliminativist worldview. (shrink)

[This paper is written in Czech language.] The aim of the article is to re-evaluate the still-surviving anthropological trope which, in reaction to an inquiry into the essence of man, compares humans with animals and points to culture as the means by which humans complete their “deficient” nature. This motif contrasting humans with animals has been extended by A. Gehlen who characterises humans as “beings of deficiencies”. In his view, the morphological-instinctive insufficiency of the human being must be stabilised by (...) cultural institutions, i.e. complexes of habitual actions. Merleau-Ponty, however, demonstrates that bodily beings always relate to their environment in an indirect way, on the basis of certain “standards” and “norms” of interaction, which exist by way of institution. The anthropological trope confronting humans and animals thus cannot produce, as in Gehlen, a contrast between an allegedly “direct” relationship to the world in animals, and a supposedly “indirect” relationship to the world in humans. It can be meaningfully retained only if it is interpreted in a Merleau-Pontyan way, that is, as an invitation to understand the transformation of the norms of indirect interaction with the world found in animals into those found in people, that is, if viewed as a comparison of their respective institutions. (shrink)

In its jurisprudence relating to Article 267 TFEU, the Court of Justice of the European Union seems to oscillate between two different approaches. According to the jurisprudential mainstream, the preliminary ruling is an instrument of dialogue between national courts and the Court of Justice. This constant dialogue can fulfill the role assigned to the Court to ensure consistency of interpretation and application of Union law. Another line of cases, however, seems to make preliminary rulings means for individuals to ensure their (...) rights which derive from EU law. These two visions of the preliminary references recently have been opposed in discussions about a particular aspect of the preliminary procedure, which is the late withdrawal of the question referred by the national court. In fact, when the national court considered that the response of the Court of Justice was not “necessary to render judgment,” it could, at any time, including both before and after the deliberate publication, date the judgment to the parties and remove this issue. Therefore, the jurisdiction of the Court of Justice became dependent on matters of procedure (dealings between the parties, amicable agreements, etc.) that occurred in extremis before the national court, which sometimes cast doubt on a possible manipulation of the Court by the parties to the main proceedings. It became necessary to find a solution to solve this problem. The two different visions were then compared. If the preliminary ruling is conceived as an additional instrument for the rights that individuals derive from EU law, there is no need for the Court of Justice of the European Union to make a decision when the dispute is resolved before the national court and the defendant has obtained satisfaction. Conversely, if the preliminary ruling is conceived as an instrument to ensure the uniform application and interpretation of EU law, this judgment may be necessary. In fact, without deciding in abstracto, the Court in its judgement will anchor an interpretation that should be applied in all similar cases in the courts of the 27 Member States. In this case, a judgment may still be necessary, even if the dispute before the national court ended off. In order to preserve this approach, the new Rules of Procedure now contain a provision in Article 100 (1) which reads as follows: “The Court shall remain seised of a request for a preliminary ruling for as long as it is not withdrawn by the court or tribunal which made that request to the Court. The withdrawal of a request may be taken into account until notice of the date of delivery of the judgment has been served on the interest persons referred to in Article 23 of the Statute”. Thus, the late withdrawal of a request for a preliminary ruling is clearly limited in time and, even if such removal would occur in extremis, the judgment of the Court will be delivered in the interest of interpretation and uniform application of Union law. (shrink)