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 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)

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.

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)

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)

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)

We present recent results on the model companions of set theory, placing them in the context of a current debate in the philosophy of mathematics. We start by describing the dependence of the notion of model companionship on the signature, and then we analyze this dependence in the specific case of set theory. We argue that the most natural model companions of set theory describe (as the signature in which we axiomatize set theory varies) theories of $H_{\kappa ^+}$, as $\kappa (...) $ ranges among the infinite cardinals. We also single out $2^{\aleph _0}=\aleph _2$ as the unique solution of the continuum problem which can (and does) belong to some model companion of set theory (enriched with large cardinal axioms). While doing so we bring to light that set theory enriched by large cardinal axioms in the range of supercompactness has as its model companion (with respect to its first order axiomatization in certain natural signatures) the theory of $H_{\aleph _2}$ as given by a strong form of Woodin’s axiom $(*)$ (which holds assuming $\mathsf {MM}^{++}$ ). Finally this model-theoretic approach to set-theoretic validities is explained and justified in terms of a form of maximality inspired by Hilbert’s axiom of completeness. (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 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)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

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

Arguing that Western power is both "government" and "glory," this book reveals the "theological-economic" paradigm at the origin of several of the most important components of modern politics and illuminates the function of consent and the ...

The end of human history is an event that has been foreseen or announced by both messianics and dialecticians. But who is the protagonist of that history that is coming—or has come—to a close? What is man? How did he come on the scene? And how has he maintained his privileged place as the master of, or first among, the animals? In The Open, contemporary Italian philosopher Giorgio Agamben considers the ways in which the “human” has been thought of (...) as either a distinct and superior type of animal, or a kind of being that is essentially different from animal altogether. In an argument that ranges from ancient Greek, Christian, and Jewish texts to twentieth-century thinkers such as Heidegger, Benjamin, and Kojève, Agamben examines the ways in which the distinction between man and animal has been manufactured by the logical presuppositions of Western thought, and he investigates the profound implications that the man/animal distinction has had for disciplines as seemingly disparate as philosophy, law, anthropology, medicine, and politics. (shrink)

What is an apparatus? -- The friend -- What is the contemporary?

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) and (...) later, in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

Why has power in the West assumed the form of an "economy," that is, of a government of men and things? If power is essentially government, why does it need glory, that is, the ceremonial and liturgical apparatus that has always accompanied it? In the early centuries of the Church, in order to reconcile monotheism with God's threefold nature, the doctrine of Trinity was introduced in the guise of an economy of divine life. It was as if the Trinity amounted (...) to nothing more than a problem of managing and governing the heavenly house and the world. Agamben shows that, when combined with the idea of providence, this theological-economic paradigm unexpectedly lies at the origin of many of the most important categories of modern politics, from the democratic theory of the division of powers to the strategic doctrine of collateral damage, from the invisible hand of Smith's liberalism to ideas of order and security. But the greatest novelty to emerge from _The Kingdom and the Glory _ is that modern power is not only government but also glory, and that the ceremonial, liturgical, and acclamatory aspects that we have regarded as vestiges of the past actually constitute the basis of Western power. Through a fascinating analysis of liturgical acclamations and ceremonial symbols of power—the throne, the crown, purple cloth, the Fasces, and more—Agamben develops an original genealogy that illuminates the startling function of consent and of the media in modern democracies. With this book, the work begun with _Homo Sacer_ reaches a decisive point, profoundly challenging and renewing our vision of politics. (shrink)

Parthood and composition are everywhere. The leg of a table is part of the table, the word "Christmas" is part of the sentence "I wish you a merry Christmas", the 13th century is part of the Middle Ages. The Netherlands, Belgium, and Luxembourg compose Benelux, the body of a deer is composed of a huge number of cells, the Middle Ages are composed of the Early Middle Ages, High Middle Ages, and Late Middle Ages. Is there really a general theory (...) covering every instance of parthood and composition? Is classical mereology this general theory? Are its seemingly counter-intuitive features serious defects? -/- Mereology: A Philosophical Introduction addresses the multifaceted and lively philosophical debates surrounding these questions, and defends the idea that classical mereology is indeed the general and exhaustive theory of parthood and composition in the domain of concrete entities. -/- Several examples of parthood and composition, involving entities of different kinds, are scrutinised in depth. Incidentally, mereology is shown to interact in a surprising way with metaontology. Presenting a well-organized and comprehensive discussion of parthood and related notions, Mereology: A Philosophical Introduction contributes to a better understanding of a subject central to contemporary metaphysics. (shrink)

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

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

In this book, one of Italy's most important and original contemporary philosophers considers the status of art in the modern era. He takes seriously Hegel's claim that art has exhausted its spiritual vocation. He argues, however, that Hegel by no means proclaimed the 'death of art' (as many still imagine) but proclaimed rather the indefinite continuation of art in a 'self-annulling' mode. With astonishing breadth and originality, he probes the meaning, aesthetics, and historical consequences of that self-annulment. He argues that (...) the birth of modern aesthetics is the result of a series of schisms - such as between artist and spectator, genius and taste, and form and matter - that are manifestations of the deeper, self-negating yet self-perpetuating movement of irony. He offers an imaginative reinterpretation of the history of aesthetic theory from Kant to Heidegger. The final chapter offers a dazzling interpretation of Dürer's Melancholia. (shrink)

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

In The Time That Remains, Agamben seeks to separate the Pauline texts from the history of the Church that canonized them, thus revealing them to be "the fundamental messianic texts of the West.

Cet ouvrage montre la portée universelle de Maître Eckhart en étudiant l'influence de son oeuvre dans la phénoménologie d'Husserl et la dialectique d'Hegel, et les rapports entre la pensée de Maître Eckhart et la mystique chinoise de Laozi.

He proposes, in his characteristically allusive and intriguing way, a politics of gestureOCoa politics of means without end.Among the topics Agamben takes up are the properly political paradigms of experience, as well as those generally not ...

Predicates such as tall or to know Latin, which intuitively denote permanent properties, are called individual-level predicates. Many peculiar properties of this class of predicates have been noted in the literature. One such property is that we cannot say #John is sometimes tall. Here is a way to account for this property: this sentence sounds odd because it triggers the scalar implicature that the alternative John is always tall is false, which cannot be, given that, if John is sometimes tall, (...) then he always is. This intuition faces two challenges. First: this scalar implicature has a weird nature, since it must be surprisingly robust (otherwise, it could be cancelled and the sentence rescued) and furthermore blind to the common knowledge that tallness is a permanent property (since this piece of common knowledge makes the two alternatives equivalent). Second: it is not clear how this intuition could be extended to other, more complicated properties of individual-level predicates. The goal of this paper is to defend the idea of an implicature-based theory of individual-level predicates by facing these two challenges. In the first part of the paper, I try to make sense of the weird nature of these special mismatching implicatures within the recent grammatical framework for scalar implicatures of Chierchia (Structures and beyond, 2004) and Fox (2007). In the second part of the paper, I show how this implicature-based line of reasoning can be extended to more complicated properties of individual-level predicates, such as restrictions on the interpretation of their bare plural subjects, noted in Carlson (Reference to kinds in English. Doctoral dissertation, University of Massachusetts at Amherst, 1977), Milsark (Linguistic Analysis 3.1: 1–29, 1977), and Fox (Natural Language Semantics 3: 283–341, 1995); restrictions on German word order, noted in Diesing (Indefinites, 1992); and restrictions on Q-adverbs, noted in Kratzer (The Generic Book, ed. Carlson and Pelletier, 125–175, 1995). (shrink)

The Italian philosopher Giorgio Agamben has always been an original reader of texts, understanding their many rich and multiple historical, aesthetic, and political meanings and effects. In Profanations, Agamben has assembled for the first time some of his most pivotal essays on photography, the novel, and film. A meditation on memory and oblivion, on what is lost and what remains, Profanations proves yet again that Agamben is one of the most provocative writers of our time. In ten essays, Agamben (...) ponders a series of literary and philosophical problems: the relation among genius, ego, and theories of subjectivity; the problem of messianic time as explicated in both images and lived experience; parody as a literary paradigm; and the potential of magic to provide an ethical canon. The range of topics and themes addressed here attest to the creativity of Agamben's singular mode of thought and his persistent concern with the act of witnessing, sometimes futile, sometimes earth-shattering: the talking cricket in Pinocchio; "helpers" in Kafka's novels; pictorial representations of the Last Judgment, of anonymous female faces, and of "Rosebud," the infamous object of obsession in Citizen Kane. "In Praise of Profanity," the central essay of this small but dense book, confronts the question of profanity as the crucial political task of the moment. An act of resistance to every form of separation, the concept of profanation reorients perceptions of how power, consumption, and use interweave to produce an urgent political modality and desire: to profane the unprofanable. Agamben not only provides a new and potent theoretical model but describes it with a writerly style that itself forges inescapable links among literature, politics, and philosophy.Giorgio Agamben is Professor of Aesthetics at the University of Venice. His many publications include Homo Sacer: Sovereign Power and Bare Life, Remnants of Auschwitz: The Witness and the Archive, The Coming Community, and State of Exception. (shrink)

What does it mean to be responsible for our actions? In this brief and elegant study, Giorgio Agamben traces our most profound moral intuitions back to their roots in the sphere of law and punishment. Moral accountability, human free agency, and even the very concept of cause and effect all find their origin in the language of the trial, which Western philosophy and theology both transform into the paradigm for all of human life. In his search for a way (...) out of this destructive paradigm, Agamben not only draws on minority opinions within the Western tradition but engages at length with Buddhist texts and concepts for the first time. In sum, Karman deepens and rearticulates some of Agamben's core insights while breaking significant new ground. (shrink)

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

Some arguments against the assumption that ordinary people may share common knowledge are sound. The apparent cost of such arguments is the rejection of scientific theories that appeal to common knowledge. My proposal is to accept the arguments without rejecting the theories. On my proposal, common knowledge is shared by ideally rational people, who are not just mathematically simple versions of ordinary people. They are qualitatively different from us, and theorizing about them does not lead to predictions about our behavior. (...) Nevertheless, models of action that assume common knowledge have a role to play in our understanding of collective rationality. (shrink)

In attempting to answer the question posed by this book's title, Giorgio Agamben does not address the idea of philosophy itself. Rather, he turns to the apparently most insignificant of its components: the phonemes, letters, syllables, and words that come together to make up the phrases and ideas of philosophical discourse. A summa, of sorts, of Agamben's thought, the book consists of five essays on five emblematic topics: the Voice, the Sayable, the Demand, the Proem, and the Muse. In (...) keeping with the author's trademark methodology, each essay weaves together archaeological and theoretical investigations: to a patient reconstruction of how the concept of language was invented there corresponds an attempt to restore thought to its place within the voice; to an unusual interpretation of the Platonic Idea corresponds a lucid analysis of the relationship between philosophy and science, and of the crisis that both are undergoing today. In the end, there is no universal answer to what is an impossible or inexhaustible question, and philosophical writing—a problem Agamben has never ceased to grapple with—assumes the form of a prelude to a work that must remain unwritten. (shrink)

David Kaplan famously argued that mainstream semantics for modal logic, which identifies propositions with sets of possible worlds, is affected by a cardinality paradox. Takashi Yagisawa showed that a variant of the same paradox arises when standard possible worlds semantics is extended with impossible worlds to deliver a hyperintensional account of propositions. After introducing the problem, we discuss two general approaches to a possible solution: giving up on sets and giving up on worlds, either in the background semantic framework or (...) in the corresponding conception of propositions. As a result, we conclude that abandoning worlds by embracing a truthmaker-based approach offers a promising way to account for hyperintensional propositions without facing the paradoxical outcome. (shrink)

The blurb on the back cover claims that in this book, it is possible to find all the tools needed to ‘theorize about all things mereological’. The book fulfills.