The prevailing justification for constitutional institutions is that such institutions reflect and enable rational solutions to social problems. However, constitutions are constructed through emotionally driven processes that reflect both the public sentiments of the day and, at least to some extent, basic moral emotions. Historical examples from France and the United States demonstrate the role of such emotional processes in shaping the design of liberal constitutionalism. Further, constitutional law both sets and regulates emotional display rules; favors or disfavors certain emotional (...) commitments; and, particularly through the formulation of fundamental human rights, reflects and shapes emotional moral judgments. The emotional contributors to constitutional design and interpretation may be called “constitutional sentiments.”. (shrink)

There is widespread agreement that democracy today faces unprecedented challenges. Populism has pushed governments in new and surprising constitutional directions. Analysing the constitutional system of illiberal democracies and illiberal phenomena in 'mature democracies' that are justified in the name of 'the will of the people', this book explains that this drift to mild despotism is not authoritarianism, but an abuse of constitutionalism. Illiberal governments claim that they are as democratic and constitutional as any other. They also claim that they are (...) more popular and therefore more genuine because their rule is based on conservative, plebeian and 'patriotic' constitutional and rule of law values rather than the values liberals espouse. However, this book shows that these claims are deeply deceptive - an abuse of constitutionalism and the rule of law, not a different conception of these ideas. (shrink)

The first comprehensive reference resource on comparative constitutional law, the Oxford Handbook provides a road map to the field. Leading experts examine the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.

The article describes the implementation of the diacritical principle in the philosophy of László Tengelyi. It is emphasized that not only the method is diacritical, but also the experience in itself, in the description of which Tengelyi sees the main task of phenomenological philosophy. In doing so, the author presents the main ideas of Tengelyi's last book, paying special attention to such structures of experience as I, the Other and the world. The analysis of the categories of experience and their (...) relation is carried out, for which the Kantian term «consonance» used. However, unlike Kant, Tengelyi shows that consonance permeates all experience. Further, the author, developing Tengelyi's approach, examines in detail the diacritical relation between the I and the Other and such types of diacritically structured experience as love, despair and the consciousness of one's own death. (shrink)

This article deals with some phenomena of the Hungarian legal language from a historical point of view, with special regard to the terminology of private law going back to Roman law tradition. The author aims, on the one hand, to present the historical background of the current terminology of Hungarian private law by means of some representative examples. On the other hand, it is attempted at demonstrating that “false friends” and some further misunderstandings in the current terminology of Hungarian private (...) law can be led back to the historical determination of the concepts/terms in question. A certain Hungarian legal language existed already in the 16th c., however it reached the common European level by the middle of the 19th c. This development took place mainly under the influence of the Austrian and German law and legal science. Due to the translation of foreign legal terms to Hungarian since the 19th c. there emerged some “global” difficulties of legal terminology also in the Hungarian legal language. As the most important example, the reception of bona fides can be mentioned. It was an amendment of the Hungarian Civil Code in 2006 which tried to eliminate the misunderstandings as regards the principle of good faith conceived formerly by many Hungarian jurists exclusively in subjective sense. The history of reception of the German notions of Gültigkeit and Wirksamkeit in Hungary is extremely intriguing, too. Hungarian jurists did not follow the pattern of the German BGB but developed this pair created by Windscheid by drawing a clear distinction between the validity and effectiveness of legal transactions, similar to the Italian terminology. Sometimes the reception of German notions happened in a less successful way. Despite the important foreign, especially German impacts, the Hungarian legal language is an autonomous one having several remarkable features which deserve attention also in comparison with terminology of the Western legal cultures. (shrink)

“I also talked to Buber yesterday; as a person he is lively and simple and remarkable, and seems to have nothing to do with the lukewarm things he has written” – wrote Franz Kafka to his fiancée Felice Bauer in the early 1913. What is the meaning of this harsh, yet respectful portraiture of Buber? Was it a casual ironic remark – or was it rather the way Kafka really thought of Martin Buber? And to what extent was Kafka important (...) for Buber? How can we understand the collaboration between the writer and philosopher? Close reading, contextualization and Begegnungsereignis. (shrink)

The original proposal of H. H. Pattee (1971) of basing quantum theoretical measurement theory on the theory of the origin of life, and its far reaching consequences, is discussed in the light of a recently emerging biological paradigm of internal measurement. It is established that the "measurement problem" of quantum physics can, in principle, be traced back to the internal material constraints of the biological organisms, where choice is a fundamental attribute of the self-measurement of matter. In this light, which (...) is shown to be a consequence of Pattee's original suggestion, it is proposed that biological evolution is a gradual liberation from the inert unity of "subject" and "object" of inanimate matter (as "natural law" and "initial conditions"), to a split biological existence of them and, as a consequence, the "message of evolution" is freedom, rather than complexity in itself. Some classical philosophical systems are brought into context to show that the epistemologies of several strictly philosophical systems of the social sciences are well acquainted with the problem and their solutions support our conclusions. (shrink)

People seem to differ in their visual search performance involving emotionally expressive faces when these expressions are seen on faces of others close to their age compared to faces of non-peers, known as the own-age bias. This study sought to compare search advantages in angry and happy faces detected on faces of adults and children on a pool of children and adults. The goals of this study were to examine the developmental trajectory of expression recognition and examine the development of (...) an OAB. Participants were asked to find a target face displaying an emotional expression among eight neutral faces. Results showed that children and adults found happy faces significantly faster than angry and fearful faces regardless of it being present on the faces of peers or non-peers. Adults responded faster to the faces of peers regardless of the expression. Furthermore, while children detected angry faces significantly faster compared to fearful ones, we found no such difference in adults. In contrast, adults detected all expressions significantly faster when they appeared on the faces of other adults compared to the faces of children. In sum, we found evidence for development in detecting facial expressions and also an age-dependent increase in OAB. We suggest that the happy face could have an advantage in visual processing due to its importance in social situations and its overall higher frequency compared to other emotional expressions. Although we only found some evidence on the OAB, using peer or non-peer faces should be a theoretical consideration of future research because the same emotion displayed on non-peers’ compared to peers’ faces may have different implications and meanings to the perceiver. (shrink)

Three distinct turning points (“bottleneck breakings”) in universal evolution are discussed at some length in terms of “self-reference” and (corresponding) “Reality Principles.” The first (origin and evolution of animate Nature) and second (human consciousness) are shown to necessarily precede a third one, that of Marxist philosophy. It is pointed out that while the previous two could occupy a natural (so in a sense neutral) place as parts of human science, the self-reference of Marxism, as a _social_ human phenomenon, through its (...) direct bearings on the _practice_ of society, did have a stormy history. I conclude that the fall of Bolshevism was unavoidable, and still, we might uphold our hope for a truly free society of humankind, just on the very basis of what we have learned of the fate of Marxist philosophy as such, as a _recursively evolving_ social _practice_: the freedom of humankind of its own ideological burdens (constraints). (shrink)

Filosofía antigua -- Filosofía medieval : heavy metal y religión -- Filosofía moderna y contemporánea.

Digital parenting tools, such as child-tracking technologies, play an ever-increasing role in contemporary child rearing. To explore opinions and experiences related to the use of such tracking devices, we conducted Q methodology and a semi-structured individual interview-study with Estonian parents and their 8- to 13-year-old pre-teens. Our aim was to study how such caring dataveillance was rationalized within the families, and to explore the dominant parenting values associated with the practice. Relying upon communication privacy management theory, the issues of privacy (...) related to such intimate surveillance were also studied. Three factors relating to the use of tracking technologies were extracted from both parents and pre-teens. Tracking technologies were viewed as parental aids that made it possible to ease anxieties and provide assurance to parents and children alike. Although children did not associate the use of tracking technologies with intrusion on privacy, they expected to have a chance to coordinate their privacy boundaries. (shrink)

This paper argues that group attitudes can be assessed in terms of standards of rationality and that group-level rationality need not be due to individual-level rationality. But it also argues that groups cannot be collective epistemic agents and are not collectively responsible for collective irrationality. I show that we do not need the concept of collective epistemic agency to explain how group-level irrationality can arise. Group-level irrationality arises because even rational individuals can fail to reason about how their attitudes will (...) combine with those of others. In some cases they are morally responsible for this failure, in others they are not. Moreover, the argument for collective epistemic agency is incoherent because reasons-for-groups are ipso facto reasons-for-individual. Instead of talking about reasons-for-groups, we should therefore distinguish between self-regarding reasons and group-regarding reasons. Both kinds of reasons are reasons-for-individuals. These conceptual considerations in favour of moderate individualism are strengthened by an analysis of our moral practice of responding to collective shortfalls of rationality and by the unpalatable moral implications of collectivism about epistemic agency. There is no need to change the subject. Groups can be rational or irrational, but they do not reason. (shrink)

An evolutionary theory of socialization suggests that children from father-absent families will mature earlier, and form less-stable pair bonds, compared with those from father-present families. Using a sample of about 1,000 persons the recent study focuses on elements of father-absent children’s behavior that could be better explained by a Darwinian approach than by rival social science theories. As a result of their enhanced interest in male competition, father-absent boys were found to engage in rule-breaking behavior more intensively than father-present boys. (...) Compared with father-present children, adolescents from widowed households (both boys and girls) showed a higher intensity of various kinds of noncompliant behavior, which can be linked to their earlier maturation. School attendance, age at marriage, and marital success proved to be influenced by the children’s early family experiences, governed by adapted evolutionary strategies. Father-absent daughters conceived more children than those whose fathers were present during their childhood. As evolutionary theory predicts, reproductive behavior of individuals from divorced households differed from that of individuals who grew up in widowed households. Finally, the strong correlation found between spontaneous abortion/stillbirths and family arrangement indicates that father absence has certain direct impacts on the neurohormonal processes of child development. (shrink)

Neanderthal extinction is a matter of intense debate. It has been suggested that demography (as opposed to environment or competition) could alone provide a sufficient explanation for the phenomenon. We argue that demography cannot be a ‘stand-alone’ or ‘alternative’ explanation of token extinctions as demographic features are entangled with competitive and environmental factors, and further because demography should not be conflated with neutrality.

The constitutional freedom of the individual is a specific legal permission to perform certain act-types by virtue of the constitution. Legal and constitutional permissions are either negative permissions, consisting of the lack of obligation or prohibition to perform a conduct, or positive permissions rendering the performance of certain acts possible. Further, a distinction is proposed between legal systems containing their constitution and those not containing their constitution. In the former, constitutional freedom is the freedom to perform any conduct, i.e. any (...) conduct neither obligatory nor prohibited by the law. In legal systems containing their constitution constitutional freedom includes all the act-types obligatorily permitted in the constitution as denominated freedom-rights. The final section contends that the “general right to freedom” is but a special case of the constitutional principle of equality. (shrink)

Mutually beneficial exchanges in markets can be exploitative because one party takes advantage of an underlying injustice. For instance, employers of sweatshop workers are often accused of exploiting the desperate conditions of their employees, although the latter accept the terms of their employment voluntarily. A weakness of this account of exploitation is its tendency for over-inclusiveness. Certainly, given the prevalence of global and domestic socioeconomic inequalities, not all exchanges that take place against background injustices should be considered exploitative. This paper (...) offers a framework to identify exploitation in mutually beneficial exchange, focusing on the case of sweatshop labor. It argues that an employer can be viewed as taking unfair advantage of an underlying injustice if and only if the employer’s surplus from the exchange in the unjust state of affairs exceeds the surplus it could maximally obtain in a just state of affairs. The paper illustrates the applicability of this framework using three different conceptions of justice and argues that it is superior to microlevel accounts of exploitation that regard background justice as irrelevant. The paper concludes by describing some normative implications that follow from judging an exchange exploitative. (shrink)

The article analyzes ethnic data collection pertaining to criminal justice in Hungary. With such a sensitive and delicate issue at hand, Hungary has decided on an evasive approach, resisting ethnic data collection by law enforcement authorities. The author argues that this approach has become one of the obstacles in fighting discrimination and ethnic profiling. Moreover, Hungary’s restrictive approach to ethno-national data classification also causes severe constitutional problems in other, noncriminal legal circumstances, where ethnic data is used in the context of (...) additional rights and affirmative protection provided for ethno-national minorities. The first part of the article describes general problems relating to ethnic data collection and analyses of the Hungarian minority protection framework, in particular, the minority self-government structure (a unique constitutional institution). The second part focuses on the criminal justice system; the author’s aim is to show that prohibiting the official recognition and collection of data on ethnicity by criminal justice authorities has potentially ethnically discriminatory consequences. (shrink)

The thirty year long friendship between Imre Lakatos and the classic scholar and historian of mathematics Árpád Szabó had a considerable influence on the ideas, scholarly career and personal life of both scholars. After recalling some relevant facts from their lives, this paper will investigate Szabó's works about the history of pre-Euclidean mathematics and its philosophy. We can find many similarities with Lakatos' philosophy of mathematics and science, both in the self-interpretation of early axiomatic Greek mathematics as Szabó reconstructs it, (...) and in the general overview Szabó provides us about the turn from the intuitive methods of Greek mathematicians to the strict axiomatic method of Euclid's Elements. As a conclusion, I will argue that the correct explanation of these similarities is that in their main works they developed ideas they had in common from the period of intimate intellectual contact in Hungarian academic life in the mid-twentieth century. In closing, I will recall some relevant features of this background that deserve further research. (shrink)

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be (...) applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions. (shrink)

In attempting to clarify the problem of personality integration the writer gained the impression that the difficulty of such a task does does not lie alone in the paucity of usable factual data but it is due, even to a greater extent, to the inadequacy of our logical tools. Such a handicap is felt not only in the study of personality, but in the study of wholes in general. Here the attempt will be made to develop some concepts which may (...) be useful for the understanding of the structure of wholes. (shrink)

As regards the question of what matters in survival two views have been identified: on the one hand, we have the view that what matters is identity (the so-called ?commonsense view?) and, on the other hand, we have the view that what matters is the holding of certain psychological connections between various mental states over time (the relation R). Several attempts have tried to reconcile these two views involving the so-called ?multiple occupancy view? or ?cohabitation thesis?. Even if the latter (...) comes in several formulations, common elements are, positing the appropriateness of a description of the fission case according to which the post-fission persons existed prior to fission and also, that what determines that two persons who exist at a certain time are distinct can be facts about what is the case at other times. The paper discusses three of the most influential formulations of the multiple occupancy view, which intend to reconcile identity with what matters, and argues that for various reasons these at least do not work in this regard. (shrink)

This article is an attempt to examine and clarify the truth theory of American pragmatism. Three central ideas of this truth theory will be considered in light of Whitehead's metaphysics: a rejection of the correspondence theory of truth, a defense of fallibilism, and a recognition of the temporality of truth.

The idea that language is metaphoric in nature has often been suggested or stated since Vico and Rousseau. Derrida, too, often writes about metaphor and the impression he gives is that he is arguing for the metaphoric nature of both thought, whether philosophic or not, and language. Interpreters like de Man or Culler have helped to spread this impression. If it is correct, Derrida shares a pan-metaphoric view of language and whatever can be made with it. It is useful to (...) refer to Derrida's view because in my opinion he has been very good at saying what language is, even if he has been very much in the wrong in seeing no distinction between language and language use. Let us consider first what he has been good at. (shrink)

« Dem Namenlosen fühl ich mich vertrauter… »R. M. Rilke : Fortschritt Bien que les fragments des Âges du monde, promesses pour toujours inaccomplies d’un chef-d’œuvre de la période médiane de F. W. J. von Schelling, comptent parmi les écrits les plus populaires du philosophe de Leonberg, leur puissance philosophique et, par suite, leur importance dans la formation de la pensée schellingienne sont souvent sous-estimées par l’historiographie philosophique en général et par la réception francoph...