In his essay ‘Critique of Violence’, Walter Benjamin subjects violence to a critique in order to establish the criterion for violence itself as a principle. His starting point is the distinction between law-positing and law-preserving violence. However, these are for him inseparable and subjected to the law of historical change: the history of the law is nothing but the dialectical rising and falling of legal orders. Benjamin’s analysis of legal violence and his criticism of parliamentary democracies, this article advances, should (...) be related to the critical analysis of the possibilities for alternative politics in contemporary democratic rule of law states, as those advanced by Bernard Noël, Philippe Lacoue-Labarthe, Jean-Luc Nancy and Jacques Rancière. For Benjamin, it is only law-destroying divine violence, whose principle is justice, not power, that is able to break this circle and open up a new era. Divine violence is, however, not only a provocative but also an extremely problematic, even dangerous, concept, as Jacques Derrida, among others, has claimed. This article considers, therefore, whether the concept of divine violence has any real political relevance in the contemporary era. (shrink)

Crises have become a new normality. This normality is turned into grounds for the politics of fear. The hegemonic principle of the politics of fear is security. This politics, which invents objects of fear, is intimately linked to the nationalist identity politics shaped by a particular nationalist essence. Racism is an elemental part of the nationalist identity politics. In the text, racism is considered in relation to, on the one hand, fear and anxiety and, on the other hand, the imaginary (...) and symbolic orders and the structure of fantasy. This analysis shows how xenophobic images, nationalist signifiers and racist fantasies create the vicious circles of fear and hate that gives justification for the nationalist identity politics that raises security as the hegemonic organizing principle. To counter the nationalist identity politics, the nationalist and racist fantasy must be traversed. Therefore, an anti-racist politics cannot be based on any pre-given identity. It takes place only as emancipatory events that confront the racists and nationalist fantasy. (shrink)

“Deconstruction is justice”. How are we to understand this striking and extraordinary sentence Jacques Derrida has written? Whose justice? Which deconstruction? The article asks these questions by thinking the continuity and discontinuity between Jewish, especially rabbinic, thinking and Derrida's writing. The article approaches Derrida's ethico-legal thinking through the tradition of Judaismby putting the sentence ``deconstructionis justice'' on the stage of the Jewish jurisprudence, which may be revealed as utmost important in relation to deconstructibility of law and undeconstructibility of justice. The (...) main question is, how Derridashares the tradition of Judaism. If deconstructive legal studies promises to take justice seriously then it have to understand Derridean deconstruction of law being “based” on the double tradition of the philosophico-phenomenological and Abrahamic thinking. The article concentrates on the Abrahamic tradition in Derrida's thinking. The first part of the article asks after the mystical foundation of law and its relationship to the writing of law. The second one asks the principle of justice. The third part addresses the problem of the time of justice and its relationship to messianism. All in all, the article traces through the writing, principle, and time ofjustice possible chiasmas of Derrida and the Jewish jurisprudence. (shrink)

Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to..

_Law and Evil_ opens, expands and deepens our understanding of the phenomenon of evil by addressing the theoretical relationship between this phenomenon and law. Hannah Arendt said 'the problem of evil will be the fundamental question of post-war intellectual life in Europe'. This statement is, unfortunately, more than valid in the contemporary world: not only in the events of war, crimes against humanity, terror, repression, criminality, violence, torture, human trafficking, and so on; but also as evil is used rhetorically to (...) condemn these acts, to categorise their perpetrators, and to justify forcible measures, both in international and domestic politics and law. But what is evil? Evil as a concept is too often taken as something that is self-evident, something that is always already defined. Taking Kant’s concept of radical evil as a starting point, this volume counters such a tendency. Bringing together philosophical, political, and psychoanalytical perspectives, in analysing both the concept and the phenomenon of evil, the contributors to this volume offer a rich and thoroughgoing analysis of the multifaceted phenomenon of evil and its relationship to law. (shrink)

This work sets out to demonstrate the inadequacy of current legal paradigms in explaining the phenomena of fragmentation through conceptions of modern law. It also addresses the possibility of legal and ethical alternativesand political counterstrategies.

The article analyses relationships between profane and religious illumination, materialism and theology, politics and religion, Marxism and Messianism. For Walter Benjamin, every second is “the small gateway in time through which the Messiah might enter”. This is the starting point in the reading of Benjamin’s works, where we confront various liaisons and couplings of radical politics and messianic events. Through the reading of Benjamin and through the analysis of his conceptions of history and time, the article addresses the question what (...) is possible in the world. (shrink)

Contextualist accounts of aesthetic predicates have difficulties explaining why we feel that speakers are disagreeing when they make true and compatible but superficially contradictory aesthetic judgments. One possible way to account for the disagreement is hybrid expressivism, which holds that the disagreement happens at the level of pragmatically conveyed, clashing contents about the speakers’ conative states. Marques defends such a strategy, combining dispositionalism about value, contextualism, and hybrid expressivism. This paper critically evaluates the plausibility of the suggested pragmatic mechanisms in (...) conveying the kind of contents Marques takes to explain disagreements. The positive part suggests an alternative account of how aesthetic judgments are sources of information about speakers’ conative aesthetic states. (shrink)

This volume presents new essays on the theory and practice of recognition. In order to retain its overall plausibility as a critical social theory, contemporary recognition theory needs to be able to successfully combine theory with real-life perspectives, in both contemporary and historical contexts. Contemporary recognition theory has developed into an established and active multidisciplinary research programme. The chapters in this volume have two main purposes. First, they engage in theoretical development of the contemporary theories of recognition. The theoretical chapters (...) explore the conceptual histories and the environments of recognition, as well as the connection between recognition and authenticity, emancipation, and social ontology. Second, they connect the theoretical insights of contemporary recognition with analyses of contemporary and historical social practices. These chapters explore themes such as populism and polarization, models of harmful invisibilization and social ignorance, the problem of evil and suffering, and social justice phenomena such as the #MeToo movement. The Theory and Practice of Recognition will be of interest to scholars and advanced students working in social and political philosophy, social ontology, political theory, and sociology. (shrink)

This paper argues that the proponents of epistemological scientism must take some stand on scientific methodology. The supporters of scientism cannot simply defer to the social organisation of science because the social processes themselves must meet some methodological criteria. Among such criteria is epistemic evaluability, which demands intersubjective access to reasons. We derive twelve theses outlining some implications of epistemic evaluability. Evaluability can support weak and broad variants of epistemological scientism, which state that sciences, broadly construed, are the best sources (...) of knowledge or some other epistemic goods. Since humanities and social sciences produce epistemically evaluable results, narrow types of scientism that take only natural sciences as sources of knowledge require additional argumentation in their support. Strong scientism, which takes sciences as the only source of knowledge, also needs to appeal to some further principles since evaluability is not an all-or-nothing affair. (shrink)

This article combines the neo-Hegelian theory of recognition with an analysis of social pathologies to show how the populist formulations of political goals in struggles for recognition are – despite their potential positive motivating force – socially pathological. The concept of recognition, combined with the idea of social pathologies, can thus be used to introduce normative considerations into the populism analysis. In this article it is argued that, although populism is useful in the sense that it aims to ameliorate real (...) experienced lack of recognition through fostering political movements, it is also harmful. The simplified populist representations of collective identities are often guilty of essentializing and reifying identities. Furthermore, populist identities are also harmful for the populists themselves as the simplified view is applied also to oneself. This article claims that these dynamics can be understood as an obstruction of discursive identity-formation. From the perspective developed, populism leads to the lack of genuine mutual recognition between those who struggle to get their identities affirmed. (shrink)

In this chapter we examine Moti Mizrahi’s claim that philosophers’ opposition of scientism is founded on their worry that scientism poses “a threat to the soul or essence of philosophy as an a priori discipline”. We find Mizrahi’s methodology for testing this thesis wanting. We offer an alternative hypothesis for the increased resistance of scientism: the antipathy started as a reaction to the New Atheist movement. We also consider two varieties of weak scientism, narrow and broad, and argue that narrow (...) versions of scientism draw unnatural and unfounded distinctions within science. Mizrahi belongs somewhere between these two types, but he commits the same mistakes as proponents of the narrow variety. We demonstrate that Mizrahi’s defence of weak scientism is problematic, once again, due to methodological reasons. As an alternative, we propose that weak scientism should be based on epistemic opportunism. Epistemic opportunism explains the success of science with scientists’ willingness to adopt any methods that demonstrably work. We also show how opportunistic scientism can avoid charges of triviality. (shrink)

The map is not the territory - from ontology to epistemology in knowledge construction -- Dialectics: a mechanism of knowledge construction -- Reflectivity reconsidered -- Reflectivity and the researchers' perspective -- Reflectivity and the participants' perspective -- Ethical differences and similarities as sources of reflection and knowledge construction -- Research relations and power differentials: from resistance to collaboration and in-between -- Frames of reference and the control of knowledge -- Reciprocity: the nature and attributes of research relations and power -- (...) Epilogue: from dialectics to dialog across liminal spaces. (shrink)

Constructions of Intersubjectivity shows that the meaning of grammatical constructions often has more to do with the human cognitive capacity for taking other peoples' points of view than with describing the world. Treating pragmatics, semantics, and syntax in parallel and integrating insights from linguistics, psychology, and animal communication, Arie Verhagen develops a new understanding of linguistic communication. In doing so he shows the continuity between language and animal communication and reveals the nature of human linguistic specialization. Professor Verhagen uses Dutch (...) and English data from a wide variety of sources and considers the contributions of grammar to the coherence of discourse. He argues that important problems in semantics and syntax may be resolved if language is understood as an instrument for exerting influence and coordinating different perspectives. The grammatical phenomena he discusses include negative expressions, the let alone construction, complementation constructions, and discourse connectives.This powerfully argued and original explanation of the nature and operation of communication will interest a wide range of scholars and advanced students in linguistics, cognitive science, and human evolution. (shrink)

One of the challenges educational systems are facing today worldwide is enabling children's voices from silenced, marginalized, and excluded groups. This book analyzes the challenge of various identities and their uniqueness within childhood and offers theoretical and pedagogical-educational solutions within Philosophy for/with Children (P4wC).

This paper reviews how research on the demarcation problem has developed, starting from Popper’s criterion of falsifiability and ending with recent naturalistically oriented approaches. The main differences between traditional and contemporary approaches to the problem are explicated in terms of six postulates called the traditional assumptions. It is argued that all of the assumptions can be dismissed without giving up on the demarcation problem and that doing so might benefit further discussions on pseudoscience. Four present-day research movements on evaluating the (...) boundaries of science are introduced: (1) philosophy of pseudoscience, (2) social epistemology of dissent, (3) agnotology, and (4) evaluation of expertise. Researchers working within these areas have abandoned some or all traditional assumptions. (shrink)

The public sphere, be it the Greek agora or the New York Times op-ed page, is the realm of appearances - not citizenship. Its central event is spectacle - not dialogue. Public dialogue, the mantra of many intellectuals and political commentators, is but a contradiction in terms. Marked by an asymmetry between the few who act and the many who watch, the public sphere can undermine liberal democracy, law, and morality. Inauthenticity, superficiality, and objectification are the very essence of the (...) public sphere. But the public sphere also liberates us from the bondages of private life and fosters an existentially vital aesthetic experience. Reign of Appearances uses a variety of cases to reveal the logic of the public sphere, including homosexuality in Victorian England, the 2008 crash, antisemitism in Europe, confidence in American presidents, communications in social media, special prosecutor investigations, the visibility of African-Americans, violence during the French Revolution, the Islamic veil, and contemporary sexual politics. This unconventional account of the public sphere is critical reading for anyone who wants to understand the effects of visibility in urban life, politics, and the media. (shrink)

Recent epistemology of modality has seen a growing trend towards metaphysics-first approaches. Contrastingly, this paper offers a more philosophically modest account of justifying modal claims, focusing on the practices of scientific modal inferences. Two ways of making such inferences are identified and analyzed: actualist-manipulationist modality and relative modality. In AM, what is observed to be or not to be the case in actuality or under manipulations, allows us to make modal inferences. AM-based inferences are fallible, but the same holds for (...) practically all empirical inquiry. In RM, modal inferences are evaluated relative to what is kept fixed in a system, like a theory or a model. RM-based inferences are more certain but framework-dependent. While elements from both AM and RM can be found in some existing accounts of modality, it is worth highlighting them in their own right and isolating their features for closer scrutiny. This helps to establish their relevant epistemologies that are free from some strong philosophical assumptions often attached to them in the literature. We close by showing how combining these two routes amounts to a view that accounts for a rich variety of modal inferences in science. (shrink)

This study offers a fresh reappraisal of the philosopher, political thinker, and historian of ideas Sir Isaiah Berlin (1909-1997) from childhood to the height of his intellectual career. It provides the first historically contextualized study of Berlin's formative years and identifies different stages in his intellectual development, allowing a reappraisal of his theory of liberalism. Applying a 'double perspective' that examines Berlin both as an East European Jewish émigré; as well as a British Liberal intellectual, author Arie Dubnov stresses the (...) very ambivalent relation between Berlin's liberal philosophy and his pro-Zionist sentiments. (shrink)

This work focuses on the conception of God of the medieval Jewish philosopher and legal scholar, Hasdai Crescas. It demonstrates that Crescas’ God is infinitely creative and good and explores the parallel that Crescas implicitly draws between God as creator and legislator.

Longer-term developments shape the present and endogenous futures of institutions and practices of science and technology in society and their governance. Understanding the patterns allows diagnosis and soft intervention, often linked to scenario exercises. The book collects six articles offering key examples of this perspective, addressing ongoing issues in the governance of science and technology, including nanotechnology and responsible research and innovation. And adds two more articles that address background philosophical issues.

Cognitive Science, Volume 45, Issue 11, November 2021.

Within the space of a few years, the idea of Responsible Research and Innovation, and its acronym RRI, catapulted from an obscure phrase to the topic of conferences and attempts to specify and realize it. How did this come about, and against which backdrop? What are the dynamics at present, and what do these imply for the future of RRI as a discourse, and as a patchwork of practices? It is a social innovation which creates opening in existing divisions of (...) moral labour, a notion that is explained with the help of the history of responsibility language. It is filled in for the present situation and ongoing developments. Some elements may stabilize and this creates a path into the future. There will be reductions of the originally open-ended innovation, some productive, others less so. This is a reason to regularly inquire into the value of the reductions and the directions the path is taking. (shrink)

In God Emperor of Dune, Leto II explains to Moneo why people destroyed thinking machines in the Butlerian Jihad: "Humans had set those machines to usurp our sense of beauty, our necessary selfdom out of which we make living judgments." The Orange Catholic Bible (OCB), the key religious text in the Dune universe, forbids the creation of machines that imitate human thinking: "Thou shalt not make a machine in the likeness of a man's mind." The OCB focuses on human mental (...) abilities – especially computation, reason, and logic – that have a status that machines should not emulate. In Frank Herbert's universe, divine imitation and creation are presented in conflicting ways: on the one hand, they are strictly prohibited, on the other, they are aspirations for key characters. Mentats replace machines by use of hard, cold, logical thinking and reasoning with machine‐like efficiency. (shrink)

Many believe that the ethical problems of donation after cardiocirculatory death (DCD) have been "worked out" and that it is unclear why DCD should be resisted. In this paper we will argue that DCD donors may not yet be dead, and therefore that organ donation during DCD may violate the dead donor rule. We first present a description of the process of DCD and the standard ethical rationale for the practice. We then present our concerns with DCD, including the following: (...) irreversibility of absent circulation has not occurred and the many attempts to claim it has have all failed; conflicts of interest at all steps in the DCD process, including the decision to withdraw life support before DCD, are simply unavoidable; potentially harmful premortem interventions to preserve organ utility are not justifiable, even with the help of the principle of double effect; claims that DCD conforms with the intent of the law and current accepted medical standards are misleading and inaccurate; and consensus statements by respected medical groups do not change these arguments due to their low quality including being plagued by conflict of interest. Moreover, some arguments in favor of DCD, while likely true, are "straw-man arguments," such as the great benefit of organ donation. The truth is that honesty and trustworthiness require that we face these problems instead of avoiding them. We believe that DCD is not ethically allowable because it abandons the dead donor rule, has unavoidable conflicts of interests, and implements premortem interventions which can hasten death. These important points have not been, but need to be fully disclosed to the public and incorporated into fully informed consent. These are tall orders, and require open public debate. Until this debate occurs, we call for a moratorium on the practice of DCD. (shrink)

The article revisits the large n problem as it relates to the Jeffreys-Lindley paradox to compare the frequentist, Bayesian, and likelihoodist approaches to inference and evidence. It is argued that what is fallacious is to interpret a rejection of as providing the same evidence for a particular alternative, irrespective of n; this is an example of the fallacy of rejection. Moreover, the Bayesian and likelihoodist approaches are shown to be susceptible to the fallacy of acceptance. The key difference is that (...) in frequentist testing the severity evaluation circumvents both fallacies but no such principled remedy exists for the other approaches. (shrink)

This paper first develops a theoretically motivated view of narrative as a special form of inferential, cooperative human communication, of the role that the past tense plays in the intersubjective coordination of narrators and readers, viz. that of ‘curtailing’ the immediate argumentative applicability of the represented situation, and of its relation to viewpoint management. In three case studies, it is subsequently shown how this helps to elucidate certain effects of present and past tense alternations in stories. While these effects are (...) multi-faceted and highly text-specific, there is a common denominator of the use of the past tense in the dimension of narrator-reader communication in the narratives. The analysis supports an independently motivated conception of intersubjectivity that assigns a special status to ‘coordination with other minds’, apart from senders and addressees. (shrink)

The growing use of automated decision-making (ADM) systems in the public sector and the need to control these has raised many legal questions in academic research and in policymaking. One of the timely means of legal control is accountability, which traditionally includes the ability to impose sanctions on the violator as one dimension. Even though many risks regarding the use of ADM have been noted and there is a common will to promote the safety of these systems, the relevance of (...) the safety research has been discussed little in this context. In this article, I evaluate regulating accountability over the use of ADM in the public sector in relation to the findings of safety research. I conducted the study by focusing on ongoing regulatory projects regarding ADM, the Finnish ADM legislation draft and the EU proposal for the AI Act. The critical question raised in the article is what the role of sanctions is. I ask if official accountability could mean more of an opportunity to learn from mistakes, share knowledge and compensate for harm instead of control via sanctions. (shrink)