This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.

Depuis longtemps, la recherche met en relief les influences françaises et allemandes de la pensée de Georges Gurvitch. De récents travaux ouvrent désormais la voie à l’étude de ses sources russes. Cet article vise à poser les bases de l’étude des sources russes de la pensée de Gurvitch. Pour ce faire, il recourt à onze articles publiés par Gurvitch, entre 1924 et 1931, dans la revue russe de l’émigration Annales contemporaines, dont il dégage une propension marquée à l’endroit des totalités (...) sociales. L’article comprend, en outre, une brève étude du parcours russe de Gurvitch ainsi qu’une traduction intégrale de la dernière partie de l’article « Éthique et religion ». (shrink)

Is the science of moral cognition usefully modelled on aspects of Universal Grammar? Are human beings born with an innate 'moral grammar' that causes them to analyse human action in terms of its moral structure, with just as little awareness as they analyse human speech in terms of its grammatical structure? Questions like these have been at the forefront of moral psychology ever since John Mikhail revived them in his influential work on the linguistic analogy and its implications for (...) jurisprudence and moral theory. In this seminal book, Mikhail offers a careful and sustained analysis of the moral grammar hypothesis, showing how some of John Rawls' original ideas about the linguistic analogy, together with famous thought experiments like the trolley problem, can be used to improve our understanding of moral and legal judgement. (shrink)

This paper discusses the role of Law and Legal Thinking in Critical Theory with specific reference to the arguments that Michael Hardt and Antonio Negri offer in their book Commonwealth. The core idea is that Critical Theory is no less radical, but much more concrete, when it is performing not only an external, but also an internal critique of the Law. It shows that the role of the law in critical theory emerges as a problem when the latter claims that (...) ‘there is no outside’ and that ‘the legal base of the system structures our lives.’ It then discusses optimistic and pessimistic strategies to overcome the problem, and argue for a demanding strategy which consist in articulating the external and the internal critique of the law. To make this point, the paper goes back to the epistemic context in which critical attitudes are deployed (the ‘Conflict of the Faculties’), describes the four theoretical moves constitutive of the historical moment in which, at the end of the 18th Century, modern law as we know it was conceived of and founded; and sketches the key moments of the history of the internal critique of the law. It then illustrates the demanding strategy with examples taken from the field of Intellectual Property, and concludes that the Law is malleable and open enough to allow the thinking and practicing of radical alternatives from within the legal system and also that alternatives spoken in the language of the law are no less radical, but certainly, more concrete than others. (shrink)

This article examines how Gregory of Nazianzus (Gregory the Theologian, ca. 330-390) constructs an image of the priest using political metaphor and vocabulary from previous traditions. The author chooses a specific text from ancient political thought that was close to his own understanding of Christian tradition (Plato’s Republic). In turn, the biblical material he uses comprises fragments that are highly political in nature (for example, criticism of the rulers of Israel by the prophets). Combining these texts first of all leads (...) to their transformation, and secondly allows him to piece together an image of the priest as ruler of the Church. The combination of these two traditions makes it possible to describe both the historical and contemporary legitimization of this image – one novel for Late Antiquity – and to define the main characteristics of its ethos. (shrink)

The aim of the dissertation is to formulate a research program in moral cognition modeled on aspects of Universal Grammar and organized around three classic problems in moral epistemology: What constitutes moral knowledge? How is moral knowledge acquired? How is moral knowledge put to use? Drawing on the work of Rawls and Chomsky, a framework for investigating -- is proposed. The framework is defended against a range of philosophical objections and contrasted with the approach of developmentalists like Piaget and Kohlberg. (...) ;One chapter consists of an interpretation of the analogy Rawls draws in A Theory of Justice between moral theory and generative linguistics. A second chapter clarifies the empirical significance of Rawls' linguistic analogy by formulating a solution to the problem of descriptive adequacy with respect to a class of commonsense moral intuitions, including those discussed in the trolley problem literature originating in the work of Foot and Thomson. Three remaining chapters defend Rawls' linguistic analogy against some of its critics. In response to Hare's objection that Rawls' conception of moral theory is too empirical and insufficiently normative, it is argued that Hare fails to acknowledge both the centrality of the problem of empirical adequacy in the history of moral philosophy and the complexity of Rawls' approach to the problem of normative adequacy. In response to Nagel's claim that the analogy between moral theory and linguistics is false because whatever native speakers agree on is English, but whatever ordinary men agree in condemning is not necessarily wrong, it is argued that the criticism ignores both Rawls' use of the competence-performance distinction and the theory-dependence of the corresponding distinction in linguistics. In response to Dworkin's claim that Rawls' conception of moral theory is incompatible with naturalism and presupposes constructivism, it is argued that Dworkin's distinction between naturalism and constructivism represents a false antithesis; neither is an accurate interpretation of the model of moral theory Rawls describes in A Theory of Justice. The thesis concludes by situating Rawls' linguistic analogy within the context of broader debates in metaethics, democratic theory, natural law theory, and the theory of moral development. (shrink)

This book is not only a major twentieth-century contribution to Dostoevsky’s studies, but also one of the most important theories of the novel produced in our century. As a modern reinterpretation of poetics, it bears comparison with Aristotle.“Bakhtin’s statement on the dialogical nature of artistic creation, and his differentiation of this from a history of monological commentary, is profoundly original and illuminating. This is a classic work on Dostoevsky and a statement of importance to critical theory.” Edward Wasiolek“Concentrating on the (...) particular features of ‘Dostoevskian discourse,’ how Dostoevsky structures a hero and a plot, and what it means to write dialogically, Bakhtin concludes with a major theoretical statement on dialogue as a category of language. One of the most important theories of the novel in this century.” The Bloomsbury Review. (shrink)

One of the key ethical debates in Russian religious thought, initiated by Leo Tolstoy, concerned the question of nonresistance to evil by force. The purpose of this article is to assess the influence of Kant’s ethics and philosophy of religion on the course of this debate and to determine the place and significance of the arguments and considerations expressed on this issue by Semyon Frank in the early and late periods (1908 and 1940s) of his work. To this end I (...) reconstruct the general course of the debate, notably the positions and arguments of Leo Tolstoy, Vladimir Solovyov, Ivan Ilyin and Nikolai Berdyaev. Beginning with Tolstoy, Russ­ian thinkers introduced the original ethical content of the idea of nonresistance derived from the Gospel into the ethics of duty borrowed from Kant. The Tolstoy version of this idea was challenged mainly from two directions: from the Kantian grounding of the legitimacy of coercion and attempts to bring in styles of moral thinking other than the ethic of duty. Ilyin’s apolo­gia for the use of force in the struggle against evil prompted Russian émigré thinkers to take a closer look at Tolstoy’s ethical concept and pay attention to its positive content. On this basis Berdyaev and especially Frank create their version of the Christ-centered ethic of salvation which, in the perspective of “protecting the world against evil” includes the ethic of duty and links it with the possibility of using force, always a wrongful act, but one justified “in a situation of extreme need”. (shrink)

This study presents the first translation from Latin to English of the Linnaean dissertationMundus invisibilisorThe Invisible World, submitted by Johannes Roos in 1769. The dissertation highlights Linnaeus's conviction that infectious diseases could be transmitted by living organisms, too small to be seen. Biographies of Linnaeus often fail to mention that Linnaeus was correct in ascribing the cause of diseases such as measles, smallpox and syphilis to living organisms. The dissertation itself reviews the work of many microscopists, especially on zoophytes and (...) insects, marvelling at the many unexpected discoveries. It then discusses and quotes at length the observations of Münchhausen suggesting that spores from fungi causing plant diseases germinate to produce animalcules, an observation that Linnaeus claimed to have confirmed. The dissertation then draws parallels between these findings and the contagiousness of many human diseases, and urges further studies of this ‘invisible world’ since, as Roos avers, microscopic organisms may cause more destruction than occurs in all wars. (shrink)

The paper proves that a historical method in Marxism is not identified to a dialectical method. The logic of history and the logic of its analysis in Marxism do not always coincide. The Logical coincides with the Historical only in eternity as it actually occurs in the works by G.V.F. Hegel. Eternity which has already witnessed everything does not know history any more. In the same way, history also begins there where the eternity comes to an end. Therefore, artificial identification (...) of the Logical with the Historical in Marxism led sometimes to actual mistakes. It is no wonder that it has always caused discussions in Marxism. They are mainly explained by the fact that the deductive, abstract-to-concrete method in which the “General” appears before the “Concrete” is an anti-historical method in its Nature. In real human history the “General” which is generalization of many “Concrete” could not appear before the latter in any way. For this reason, the real historical materialism needs an inductive method of knowledge. Only in that case historical materialism will cease to remain the soviet “histmat” and becomes the real form of a new world outlook. The author is of the opinion that the Party spirit of the Soviet philosophy promoted preservation of the anomalies mentioned in Marxism. The open discussion could help to find valid but not inherited from Hegel relation of historical and logical methods in Marxism. (shrink)

In modern philosophy, essentialism is in most cases regarded as an outdated and, in fact, incorrect philosophical trend. And one of the scientists who created such a reputation of essentialism was the famous English philosopher of Austrian origin Karl Popper. The success of his book “The Open Society and its Enemies” led to the fact that in the West essentialism began to be considered not only cognitively untenable, but also suspicious as the theoretical basis of fascism, communism and totalitarianism. In (...) the article, K. Popper’s arguments against essentialism are reviewed all over again, and it is shown that K. Popper’s criticism of essentialism as an anti-scientific and outdated doctrine is not the point of view of the philosophy as a whole, but it is just the position of empirical positivism. Essentialism deals with the reality that lies on the other side of phenomena. And this, according to K. Popper, necessarily leads to “ultimate” definitions. However, in accordance with the doctrine of falsification by K. Popper himself, every scientific conclusion within its expiration date is “ultimate”. The article shows that in reality essentialism did not only play an extraordinary role in the classical metaphysical theory of knowledge, but also continues to do so within the framework of modern ontology. Moreover, in the latter case, he does it with the help of abduction which is a specific form of logical inference generating scientific hypotheses. The existence of abduction in science, which generates new knowledge, suggests that essentialism is not something, at best, tolerable and excusable. This is the main way to development of sciences in general. In all cases, the author of the article considers only logical entities, but not legal, theological or any other. (shrink)

I should like to treat one important question on the solution of which depends not only the improvement of production but successful solution of tasks in shaping a communist attitude toward work. Irefer to certain aspects of our planning techniques.

Sober (1992) has recently evaluated Brandon's (1982, 1990; see also 1985, 1988) use of Salmon's (1971) concept of screening-off in the philosophy of biology. He critiques three particular issues, each of which will be considered in this discussion.

Scientists from various disciplines have begun to focus attention on the psychology and biology of human morality. One research program that has recently gained attention is universal moral grammar (UMG). UMG seeks to describe the nature and origin of moral knowledge by using concepts and models similar to those used in Chomsky's program in linguistics. This approach is thought to provide a fruitful perspective from which to investigate moral competence from computational, ontogenetic, behavioral, physiological and phylogenetic perspectives. In this article, (...) I outline a framework for UMG and describe some of the evidence that supports it. I also propose a novel computational analysis of moral intuitions and argue that future research on this topic should draw more directly on legal theory. (shrink)

My primary aims in this paper are to explain what exploitation is, when it’s wrong, and what makes it wrong. I argue that exploitation is not always wrong, but that it can be, and that its wrongness cannot be fully explained with familiar moral constraints such as those against harming people, coercing them, or using them as a means, or with familiar moral obligations such as an obligation to rescue those in distress or not to take advantage of people’s vulnerabilities. (...) Its deepest wrongness, I argue, lies in our moral obligation not to extract excessive benefits from people who cannot, or cannot reasonably, refuse our offers. (shrink)

In the mammalian central nervous system (CNS), each neuron receives signals from other neurons through numerous synapses located on its cell body and dendrites. Molecules involved in the postsynaptic signaling pathways need to be targeted to the appropriate subcellular domains at the right time during both synaptogenesis and the maintenance of synaptic functions. The presence of messenger RNAs (mRNAs) in dendrites offers a mechanism for synthesizing the appropriate molecules at the right place in response to local extracellular stimuli. Several dendritic (...) mRNAs have been identified, and the mechanisms controlling their localization are beginning to be understood. In many cell types, controls on mRNA stability play an important role in the regulation of gene expression, but it is unclear to what extent this type of control operates in dendrites. The regulation of protein synthesis and the control of mRNA stability in dendrites could have important implications for neuronal function. BioEssays 20:70–78, 1998. © 1998 John Wiley & Sons, Inc. (shrink)

Although the Bcl‐2 family members and p53 are involved in the regulation of apoptosis, the status of apoptotic machinery (eg caspases) plays a major role in determining the mode and timing of cell death. If the apoptotic machinery is lost, inhibited, or intrinsically inactivated, the “death stars”, Bcl‐2 and p53, may become irrelevant to cell death. In this light, high levels of Bcl‐2 may indicate that downstream apoptotic pathways are still functional. This explains why Bcl‐2 overexpression can be a marker (...) of chemosensitivity and favorable prognosis in certain cancers and why retention of wild‐type p53 may manifest inactivation of caspases in aggressive cancers. BioEssays 23:947–953, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

When is it immoral to take advantage of another person for one's own benefit? For some, such as Ruth Sample, John Roemer, and Will Kymlicka, the answer at least partly depends on whether what one takes advantage of is the fact that this person is, or has been, the victim of injustice. I argue, however, that whether person A wrongly exploits person B is wholly unrelated to whether A takes advantage of the fact that B is, or was, the victim (...) of injustice. I also develop a positive account regarding which personal attributes one should not exploit for personal gain. (shrink)

Adequality, or παρισóτης (parisotēs) in the original Greek of Diophantus 1 , is a crucial step in Fermat’s method of finding maxima, minima, tangents, and solving other problems that a modern mathematician would solve using infinitesimal calculus. The method is presented in a series of short articles in Fermat’s collected works (1891, pp. 133–172). The first article, Methodus ad Disquirendam Maximam et Minimam 2 , opens with a summary of an algorithm for finding the maximum or minimum value of an (...) algebraic expression in a variable A. For convenience, we will write such an expression in modern functional notation as f (a). 3 The algorithm can be broken up into six steps in the following way:Introduce an auxiliary .. (shrink)

In this paper, the predicate counterparts, defined both axiomatically and semantically by means of Kripke frames, of the modal propositional logics $\textbf {GL}$, $\textbf {Grz}$, $\textbf {wGrz}$ and their extensions are considered. It is proved that the set of semantical consequences on Kripke frames of every logic between $\textbf {QwGrz}$ and $\textbf {QGL.3}$ or between $\textbf {QwGrz}$ and $\textbf {QGrz.3}$ is $\Pi ^1_1$-hard even in languages with three (sometimes, two) individual variables, two (sometimes, one) unary predicate letters, and a single (...) proposition letter. As a corollary, it is proved that infinite families of modal predicate axiomatic systems, based on the classical first-order logic and the modal propositional logics $\textbf {GL}$, $\textbf {Grz}$, $\textbf {wGrz}$ are not Kripke complete. Both $\Pi ^1_1$-hardness and Kripke incompleteness results of the paper do not depend on whether the logics contain the Barcan formula. (shrink)

Already in his Logical Investigations Husserl is opposing consciousness and the world and raising the question of an objective, “true” existence of the world beyond phenomenological research. This opposition becomes increasingly radical in Husserl's subsequent works, especially in his early and mature periods. For Husserl, phenomenology is not simply about “bracketing” any conditions concerning the existence or nonexistence of the world; it is also designed to carry out a kind of “deworlding” of consciousness, which allows for revealing it not as (...) a thing or a part of the world, but as a nonobjective condition for any real existence. The critical question from which the author proceeds is the extent to which the opposition of consciousness and the world understood in the above way could be retained in situations where the main topic of phenomenology becomes the primordial relatedness of consciousness and the world or of the world a... (shrink)

The question of the world in itself — the world beyond its correlation with experience in the broadest sense — is one of the sore points of phenomenology and becomes especially acute in the light of modern discussions around correlationism. These discussions, in one way or another, make phenomenology come around to the classical distinction between the phenomenon and the thing-in-itself, with the help of which Kant outlines the field of ethics as a special world lying on the other side (...) of the correlation of knowledge and object constitutive for nature. Philosophy deals with the thing-in-itself in the proper, positive sense of the word, not as phenomenology (transcendental philosophy, which reveals the correlation of knowledge and reality in the world of phenomena and the futility of attempts by theoretical reason to know anything beyond phenomena), but as a critique of practical reason. The article attempts to consider the opposition of the thing-in-itself and the phenomenon in the context of the criticism that Kant’s practical philosophy is subjected to in Hegel’s The Phenomenology of Spirit and to explicate the arguments that this criticism makes available to phenomenology for rethinking the problem of Ding an sich and the ethical dimension of the epoche. The first part of the article examines the Hegelian analysis of the main contradiction contained in the Kantian opposition of duty as something that is in itself, and nature as a phenomenon (this opposition forms what Hegel calls the moral worldview): duty does not depend on nature and therefore does not need natural (phenomenal) realization in actions, but at the same time, duty is nothing but the necessity of actions and, consequently, the necessity of a phenomenon. This contradiction, as Hegel shows, leads to the disintegration of the moral worldview and, thus, turns into the sublation of the absolute separation of duty (thing in itself) and nature (phenomenon). The restitution of the difference between the moral an sich and the phenomenon within conscience — a phenomenon that arises as a result of the destruction of the moral worldview — turns into a new paradox, which demonstrates that the thing-in-itself (ethical good), since it is freed from the phenomenon, is not only unreal, but also turns into its own opposite. The paradox consists in the fact that the consciousness of duty, taken in its independence from the phenomenal realization in actions, becomes evil itself, turning to hypocrisy in the moral judgment about other people’s actions. In the second part of the article, the significance of the Hegelian critique of Kant’s practical philosophy for the phenomenological destruction of the difference between the thing-in-itself and the phenomenon and the problematization of the ethical dimension of the phenomenological method is explicated. Tracing the naive origins of this difference in the natural attitude and their transformation in Kantian philosophy, the author tries to consider the sublation of the opposition of the thing-in-itself and the phenomenon in the field of ethics as one of the possible paths to phenomenology. It is shown how the necessary relation of the supra-worldly an sich with the situational nature of its phenomenal realization in actions calls into question the possibility of a phenomenological epoche. The author also seeks to demonstrate that the problematization of the difference between the thing-in-itself and the phenomenon does not turn phenomenology into a system in the Hegelian sense. (shrink)

Journal of Philosophy of Education, EarlyView.

The article is devoted to the problem of the naming crisis of modern society. The sequences by which the social and cultural history of the West is ordered, represented by the evolution of economics, technology, religion, forms of capital and wealth, communications, following the technological acceleration of time, coexist with each other, compete for primacy, creating a society of atomized subjects who have ceased to understand their place in the history of society. This situation is described in the article as (...) an identity crisis. The purpose of this work is to demonstrate the gaps that have been discovered in attempts to identify society, which are the object of criticism. The article refers to the tradition of explanatory modeling of social interactions in terms of psychopathology and psychiatry. The crisis of the identity of society is illustrated through the images of madness in modern art culture. The article hypothesizes that there is an unspoken ban on naming a society associated with the crisis of capitalism in the transition from disciplinary societies to control societies. Culture's interest in insanity serves as an indicator of a social crisis. The evolution of cultural interest in the figure of a madman from a frightening "outcast" to an attractive "rebel" is shown. The article suggests the tasks of critical philosophy that coincide with the tasks of caring for social health. The idea of the need for the deprivation of mental illness is expressed. Mental health care is considered as a social task. (shrink)

Mikhail Lifshitz is a major forgotten figure in the tradition of Marxist philosophy and art history. _The Crisis of Ugliness_, published here in English for the first time, is a compact broadside against modernism in the visual arts that resists the dogmatic complacencies of Stalinist aesthetics.

I argue against the view that there is intrinsic value in making one's own decisions about the direction and shape of one's life.