According to the influential “expressive” argument for hate speech laws, legal restrictions on hate speech are justified, in significant part, because they powerfully express opposition to hate speech. Yet the expressive argument faces a challenge: why couldn't we communicate opposition to hate speech via counterspeech, rather than bans? I argue that the expressive argument cannot address this challenge satisfactorily. Specifically, I examine three considerations that purport to explain bans’ expressive distinctiveness: considerations of strength; considerations of directness; (...) and considerations of complicity. These considerations either fail to establish that bans are expressively superior to counterspeech, or presuppose that bans successfully deter hate speech. This result severely undercuts the expressive argument's appeal. First, contrary to what its proponents suggest, this argument fails to circumvent the protracted empirical controversies surrounding bans’ effectiveness as deterrents. Second, the expressive argument appears redundant, because bans are expressively distinctive only insofar as hate speech is already suppressed. (shrink)

in Intellectual Property Rights in a Networked World, eds. H. Tavani and R. Spinello, 2004.

In this paper I will try to subsume what Carl Schmitt referred to as the three types of juristic thought – positivism, decisionism and institutionalism – under the same 'signature of power’. With this expression I refer here to a general enunciative function that informs (legal) thought, forcing it to perform an (ex-ceptional) articulation of (form of) law and (force of) life. My suggestion is thus that it is possible to interpret the different approach to the law question of (...) two fatherly figures of modern jurisprudence – Hans Kelsen (positivism) and Carl Schmitt (decisionist-institutionalism) – in a way which, while mantaining that there is indeed a difference between their theories, points also towards a more fundamental partnership which concerns the very form (i.e. ex-ceptionality) of their questioning. The purpose of this paper is thus to show that the fundamental differences between these two approaches become indistinguishable if re-considered in the context of a broader problematisation of power which, following Giorgio Agamben’s reinterpretation of Foucault’s work on biopolitics, can here be defined as an ideology of govern-mentality according to which, simply put, sociality can be reduced to one, two-sided, operation: government/self-government through a decision on the form of law, to be perfomed at different levels, including thought. Legal theory as practiced by Kelsen and Schmitt is, in this respect, governmental or biopolitical, because it institutes a fictional threshold of indifferentiation between law (form) and life (force), whose preservation, by means of further (ex-ceptional) articulations (i.e. inclusive-exclusions), becomes the jurist’s fundamental task. Moreover, given the central role of both Kelsen’s positivism and Schmitt’s decisionist institutionalism for modern legal theory in general, a critical reflection on the act of (legal) theorising as such as an act of power is made possible. The modern tradition of legal theory can thus be interpreted – in spite of its increasing complexity and fragmentation (which was already reflected, at the beginning of the last century, in the fragmentation of legal theory into positivist, institutionalist and decisionist stances) – as preserving thought’s power to relate law and life. One possible alternative to a theory of (i.e. that belongs to) power is, I think, a practice of critical observation (a study) of the power of theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Absolute and Ordained Power of God and King in the Sixteenth and Seventeenth Centuries: Philosophy, Science, Politics, and LawFrancis OakleyThe quintessentially scholastic distinction between God’s power understood as absolute and ordained (potentia dei absoluta et ordinata) has been described “as a ‘yes and no’ answer to the question whether God is able to do or arrange things other than he did in creating the orders of (...) nature and grace.” 1 The importance of that distinction the historical scholarship of the past forty years has served increasingly to indicate. 2 The idea that it expressed had emerged already in the twelfth century, and in the standard form familiar to us from later years we now know it to have surfaced among the theologians of Paris in the opening years of the thirteenth. We also know that long before the end of the thirteenth century it had come to be understood in the two distinct ways that were to persist on through the late medieval and early modern centuries and to be acknowledged in the neo-scholastic manuals of the late nineteenth century.According to the first of these understandings, embedded in the classical formulations given to the distinction by Albertus Magnus, Thomas Aquinas, William of Ockham, and many other later thinkers, the term potentia absoluta was used simply to denote God’s power in itself, taken in abstracto and without reference to the orders of nature and grace he has actually willed de potentia ordinata to establish. There was no question, that is, of the absolute power’s [End Page 669] being understood as a presently-active power by means of which God intervenes in the world to act apart from or set aside the order established by the ordained power. It refers instead to God’s ability to do many things he does not choose to do. Or put in the temporal terms that William Courtenay favors, it refers to “the total possibilities initially open to God, some of which were realized by creating the established order,” the “unrealized possibilities” being “now only hypothetically possible.” 3Side by side with this “classical” usage, however, there had emerged already in the thirteenth century what has been called a “juristic” or “opera-tionalized” understanding of the potentia dei absoluta as a presently-active power of potential interposition in the established order. Thus Duns Scotus, who gave a most influential expression to this alternative understanding, drawing an analogy not only with kings but with any free agent within whose power the law falls, distinguished between the ordained power by which God acts de jure in accordance with the rightful law he has established and the absolute power whereby de facto he can act apart from or against the law. In such a formulation the absolute power clearly exceeds the ordained. Rather than referring simply to the realm of logical possibility prior to God’s ordination of things, that absolute power is now construed as a presently-active and extraordinary power capable of acting apart from the order established de potentia ordinata and prevailing in the ordinary course of things. This “juristic” understanding of the distinction was clearly affiliated closely with the cognate distinction that medieval canonists invoked as early as the thirteenth century in an attempt to elucidate what the pope, in the absoluteness of his plenitudo potestatis, or absolute power, could do that was not open for him to do when acting in accordance with his merely ordained or “ordinary” power.Philosophy and ScienceIn an earlier and complementary article, I traced the career of the power distinction, as well as the persistence of the two distinct ways of understanding it, across the fifteenth century and on into the thinking of sixteenth- and seventeenth-century theologians, Lutheran and Reformed as well as Catholic. 4 It remains now to go on to demonstrate that the currency of the distinction in these later centuries was no more confined to strictly theological circles or settings than it had been during the Middle Ages. The Coimbran commentators and Suárez certainly deployed it for more generally philosophical purposes, 5 [End Page 670] and in the seventeenth century they were by no means... (shrink)

Under Article 63 of the Constitution, a gross violation of the Law on Elections to the Seimas is one of the grounds for discontinuation of the powers of the Member of the Seimas. The Constitution does not reveal expressis verbis as to what is a gross violation of the law on election. The establishment of this is within the discretion of the legislator. While defining what a gross violation of the Law on Elections to the Seimas is, the legislator is (...) bound by the norms and principles of the Constitution. Although the Constitution does not define expressis verbis as to what a gross violation of the law on election is, the fact that, under Item 6 of Article 63 of the Constitution, the powers of a Member of the Seimas shall cease on this ground, implies at least several things: first, not every violation of the law on election can be regarded as a gross one, thus, if the law on election has not been grossly violated, it is not permitted on this ground to recognise that the Member of the Seimas lost his mandate, or that the powers of the Member of the Seimas ceased; second, only such violations may be regarded as gross ones, upon commission of which there appear reasonable doubts whether during the election the genuine will of the voters was expressed, whether their will was not distorted to the extent that the results of the election do not reflect the genuine will of the voters and the mandates of Members of the Seimas have been distributed unfairly. (shrink)

The topic of laws of nature provides a kind of Rorschach test for philosophy. Some philosophers see in laws only Humean regularities; others see a kind of physical necessity; others see a necessity closer to logical necessity; others see expressions of causal powers; others see inference tickets; still others see relations between universals; ... ; and some see only a messy inkblot. We can also perform a meta-Rorschach test on the results of the first test. When van Fraassen and I (...) submit ourselves to this meta-test we both recoil with shock and horror. Where we differ is in drawing morals from this un- pleasant experience. For me the opprobrium falls mainly on the way philos- ophy is practiced. For van Fraassen, the disgrace also touches the practice, but for him the source is the rottenness of the concept of laws. (shrink)

The aim of this paper is to revisit the major arguments of the seventeenth century debate concerning laws and powers. Its primary points are two. First, though the dominant conception of nature was such that there was no room for power in bodies, the very idea that laws govern the behaviour of matter in motion brought with it the following issue, which came under sharp focus in the work of Leibniz: how possibly can passive matter, devoid of power, (...) obey laws? Though Leibniz’s answer was to re-introduce powers, two radically different conceptualisations of the relation between laws and powers became available after him. Hume denied powers altogether, whereas Newton thought that to introduce a power is to introduce a law. The second main point will be that though laws were meant to replace powers, the real dilemma ended up being not laws vs powers, but rather necessity vs non-necessity in nature. To exploit, an expression used by Newton, the question was: what is the place of necessity in the frame of nature? (shrink)

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as separate (...) and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

“Where did this unexpected mobility of epistemological arrangements come from…? What event, what law, do these mutations obey, these mutations that suddenly decide that things are no longer perceived, described, expressed, characterized, classified, and known in the same way…?” The recent wave of interest in the work of Jacques Rancière in North America can likely be traced back to the unique status he gives to the category of the aesthetic in its relation to the political. Coming after the exhaustion of (...) debates surrounding the notion of “aesthetic ideology,”1 and expressing dissatisfaction with familiar arguments about the aestheticization of politics, Rancière’s oeuvre seems to offer the promise of a.. (shrink)

What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal certainty, provides (...) an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

Among professional philosophers, reasoning is identified with logic, and in our day logic is a formal calculus or deductive system, the truth of which, so far as truth is in any way its aim, is necessary only because it is tautological, and has no substantive content. Such reasoning discovers nothing new, and can reveal, at most, equivalences within material already at hand from other sources. It is, therefore, to borrow Kant's terminology, in no way constitutive. The only other sort of (...) reasoning countenanced by contemporary philosophy is inductive, which does no more than count concomitances among observed events, and authorize, in proportion to their frequency, the enunciation of general lawlike statements. It is to be observed that the result of this procedure is not the discovery of laws, but only the uttering of statements that resemble laws in the form of their expression. For induction, we are taught, discloses no necessity in nature but, at most, constant conjunction of certain phenomena. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral action. (...) This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...) law specifies a set of requirements which lawmakers must respect if they are to govern legally. As such, the rule of law restricts the illegal or extra-legal use of power. When a society rules by law, there are clear rules articulating the behavior appropriate for citizens and officials. Such rules ideally determine the particular contours political relationships will take. When the requirements of the rule of law are respected, the political relationships structured by the legal system constitutively express the moral values of reciprocity and respect for autonomy. The rule of law is instrumentally valuable, I argue, because in practice the rule of law limits the kind of injustice which governments pursue. There is in practice a deeper connection between ruling by law and the pursuit of moral ends than advocates of the standard view recognize. The next part of this paper outlines Lon Fuller’s conception of the rule of law and his explanation of its moral value. The third.. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 655-673, June 2022. The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule (...) of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule of law is simultaneously before, after, concurrent and synonymous with democracy: It (...) contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

The author starts with the assumption that present‐day Western society is complex, pluralistic and conflictual in nature. Because of these qualities of society, law appears as an ineluctable means for the regulation of societal relationships. Law does not express an amorphous common good, nor is it simply an instrument of power. Law turns the socio‐ethical and political conception that discursively prevails in the competition among the diverging conceptions of dynamic social groups into generally binding standards of conduct. In the (...) socio‐axiological concept of law presented here, law exhibits the conflicting character of the open, pluralistic society and brings about understanding for democracy and discursive‐deliberative politics. These are favourable presuppositions for the acceptability of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Theorizing the Language of LawJesús Rodríguez-Velasco (bio)Law transforms reality, de iure and de facto, inasmuch as it attempts to bridge the gap between that which is done de facto and that which is regulated de iure. It is standard practice, for Alfonso X of Castile,1 to reinvent the means of writing the law. He does not limit himself to compiling or revising existing legal statutes; rather, he elevates the (...) corpus of the law to the level of juridical science. Dominating the meaning of the word—its hermeneutics and its relation to truth, lies, rhetoric, history, and poetry—is also the key to dominating juridical discourse itself and its capacity for creating certainty. Or, at least, for controlling uncertainty. Uncertainty, that is to say, the ambiguity in the interpretation of the relationship between words and things, appears to be one of the targets of Alfonsine juridical science.It is in the institutions that one can best study this desire for control. In particular, the need for control becomes visible in the court and the places related to it (the palace, chamber, or bedroom), codified by the law in order to put justice into action, in the representation of power, in cultural exchange, in education, and in recreation. Here legislation acquires a special significance with respect to the word, to narration, and to rhetoric. This is a philological problem: How does one compose and administer a text capable of controlling its own interpretation? How does one transpose this same dynamic to the institutions? How does one transmit this notion from the institution to those who inhabit it and who are, after all, the subjects of the legal science?It is therefore fitting to examine legislation about legal discourse, which is, in itself, the theory of law—not, however, in its abstract aspects but rather in the concrete elements of the formation of a legal vocabulary, in the way in which words, whose semantic and hermeneutic problems are clear, give life to this legal vocabulary. How is legal discourse constructed? In what way is it transmitted? What are the consequences of its dissemination? In what way is the law in charge of words, in particular, those expressed in the institutions?Perhaps the problem is philological, in the sense supposed by Giambattista Vico. Vico, in his Principi per una scienza nuova [1: 10] proposed that the study of philosophy, as a science of truth could not exist independently without a philology, the origin of the conscience of certainty (coscienza del certo). Attaching myself, then, to this idea of certainty (although not, of course, from Vico’s perspective) throughout this study I shall call “the space of certainty” the theoretical and conceptual construction (which is of both a philological and textual character) stipulated by the legislator in an attempt to control the distinct concepts related to the legal word, its institutional statute and its legal, moral, and cultural hermeneutics. I shall thus attempt to understand the meaning of this space of certainty, in what way it has been constructed, and how it affects legal, political, social, and cultural mechanisms. [End Page 64]1Law and KingIn the first title of the first Partida, Alfonso outlines the virtues of the laws.2 In addition, this first law discusses the overall structure of the Siete partidas, as if, in fact, they were nothing more than a lengthy and virtuous discourse about the law. It makes sense as the Partidas are not only a legal code capable of being enforced but also an enormous manual on legal theory. The law(s) and legal doctrine, then, come together to form the first expression of legal science. Going further than compilations of Roman law such as the Liber augustalis,3 further than the scientific expressions of jurisprudence of specialists from Bologna, the Île-de-France, and Orleans utroque iure,4 the Partidas—and I should like to insist on this—can be considered a constitutional legal text. In this sense the Partidas attempts to regulate the actual material from which the laws are made: language. Put another way, the text of the Partidas is at once legality, establishment, and discussion of legal language... (shrink)

Vietnam is implementing global socio-economic integration, so the law must also be renovated to meet the requirements of international integration. Because the law is attached to the country's institutions, it shows the consistency in Vietnam's politics, economy, and diplomacy. In the world, the rule of law is a typical value that humanity aims for because it upholds the law, expressing our nation's aspiration for a democratic and equal society. Therefore, Vietnam has built a socialist rule of law. To achieve this, (...) Vietnam must ensure the free power of its citizens, promote the democracy of the state, and ensure that power belongs to the people. The paper uses a materialist dialectical method to examine the building of civic consciousness that promotes the perfection of Vietnam's current socialist rule of law. At the same time, the article also uses analytical methods and synthetic methods to clarify the sense of citizenship in the Vietnamese state, Vietnam's political institutions, and the development of the socialist rule of law is correct. (shrink)

This research is conducted by the Intellectual Property and Policy Research Group at the W. Maurice Young Centre for Applied Ethics at the University of British Columbia. It is part of the GE3LS component of the Genome Canada Project "Dissecting Gene Expression Networks in Mammalian Organogenesis," MORGEN, which is located principally at the British Columbia Cancer Agency, Vancouver, British Columbia, Canada. The project is involved in upstream, basic genomic research. Part of this work includes the characterization of gene regulatory mechanisms (...) governing organogenesis with a special focus on the heart, liver and pancreas. This paper serves as an introduction to both the MORGEN case study and the role of alternative mechanisms, such as open source. We discuss interim research results as they relate to our broader study of the relationship between open science, commercialization and technology transfer offices. The role of technology transfer offices is central to our analysis and is viewed as a key factor in implementing Genome Canada policies and principles associated with IP and commercialization. (shrink)

This paper seeks to identify the distinctive moral wrong of stalking and argues that this wrong is serious enough to criminalize. We draw on psychological literature about stalking, distinguishing types of stalkers, their pathologies, and victims. The victimology is the basis for claims about what is wrong with stalking. Close attention to the experiences of victims often reveals an obsessive preoccupation with the stalker and what he will do next. The kind of harm this does is best understood in relation (...) to the value of privacy and conventionally protected zones of privacy. We compare anti-stalking laws in different jurisdictions, claiming that they all fail in some way to capture the distinctive privacy violation that stalking involves. Further reflection on the seriousness of the invasion of privacy it represents suggests that it is a deeply personal wrong. Indeed, it is usually more serious than obtrusive surveillance by states, precisely because it is more personal. Where state surveillance genuinely is as intrusive as stalking, it tends to adopt the tactics of the stalker, imposing its presence on the activist victim at every turn. Power dynamics —whether rooted in the power of the state or the violence of a stalker —may exacerbate violations of privacy, but the wrong is distinct from violence, threats of violence and other aggression. Nor is stalking a simple expression of a difference in power between stalker and victim, such as a difference due to gender. (shrink)

One of the main arguments against interventionist views of special divine action is that God would not violate his own laws. But if intervention entails the breaking of natural law, what precisely is being broken? While the nature of the laws of nature has been widely explored by philosophers of science, important distinctions are often ignored in the science and religion literature. In this paper, I consider the three main approaches to laws: Humean anti-realism, supervenience on more fundamental aspects of (...) metaphysics, and nomological realism. The first denies that there is any metaphysical reality behind laws or causation. The second holds that laws supervene on capacities, dispositions, or counterfactuals. The third takes laws to be irreducible aspects of reality. The mechanics of special divine action and worries about intervention vary depending on which view of law one holds. In the end, I argue that early modern natural philosophers, who first introduced law-language for nature, largely had it right. Laws are not created entities or powers that act as intermediaries between God and nature; they are best understood as expressions of God’s will for nature. The outstanding question is whether such a view inevitably lands in occasionalism. (shrink)

At the beginning of the study of physical phenomena, the idea of "force" was widely used to explain the non-stationarity of observed phenomena, such as the movement of bodies. However, as mechanics and physical theories developed, the force notions gained own formal definitions and names, without the use of the term "force". So, the concept of kinetic energy arose instead of "vis viva", and "current" instead of "current strength" ets. Additionally, a number of new physical theories have been formulated without (...) the use of force concept. As a result, different types of forces have gradually been replaced by other more important concepts, such as energy and action, which are closely linked to fundamental physical principles. It is interesting to note that the general trend in the development of civilizations has been a shift from unrestricted power (expressed in the thesis "might makes right") to its subordination and incorporation into a legal framework. This is similar to the evolution of physics, which has seen the notion of force become eliminated or subordinated to more general principles and laws. (shrink)

Speech sounds are an essential vehicle of information exchange and meaning expression in approximately 7,000 spoken languages in the world. What functional constraints and evolutionary mechanisms lie behind linguistic diversity of sound systems is under ongoing debate; in particular, it remains conflicting whether there exists any universal relationship between these constraints despite of diverse sounds systems cross-linguistically. Here, we conducted cross-linguistic typological and phylogenetic analyses to address the characteristics of constraints on linguistic diversity of vowel systems. First, the typological analysis (...) revealed a power-law based dependence between the global structural dispersion and the local focalization of vowel systems and validated that such dependence was independent of geographic region, language family, and linguistic affiliation. Second, the phylogenetic analysis further illustrated that the observed dependence resulted from correlated evolutions of these two structural properties, which proceeded in an adaptive process. These results provide empirical evidence that self-organization mechanisms helped shape vowel systems and common functional constraints took effect on the evolution of vowel systems in the world’s languages. (shrink)

Music is an inescapable part of social, cultural and political life, and has played a powerful role in mobilising support for popular movements demanding social justice. The impact of David Bowie, Prince and Bob Dylan, for example, on diversity awareness and legislative reform relating to sexuality, gender and racial equality respectively is still felt; with the latter receiving a Nobel Prize in 2016 for ‘having created new poetic expressions within the great American song tradition’. The influence of these composers and (...) performers reached far beyond the concert hall. Conversely, musical propaganda has been a common feature of many dictatorships, most notably Nazism’s Adolf Hitler and Communism’s Joseph Stalin, and is still instrumental in the election campaigns of political parties. US President Donald Trump’s winning retro classic rock campaign playlist conveyed an idealised version of the past which aligned with the tastes and interests of his core constituency, and evoked feelings of nationalistic pride and patriotism. The eclectic selection of upbeat music effectively masked the underlying capitalist initiatives, corporate greed and allegations of financial impropriety that characterised both the Democrat and Republican campaigns. Although unable to impart meaning with the same level of precision as language, music has a potentially broader semantic capacity due to its greater elasticity. It constitutes a common language which has the ability to create a community of people that sings, speaks, reasons, votes and even feels the same way. Accordingly, this article explores the symbiotic relationship between music and law, identity politics and social justice, via the lens of musical semiosis. (shrink)

In the TTP Spinoza addresses in its full complexity the question of whether a republican theorist, committed to the view that the primary goal of political life is freedom conceived as the absence of slavery or dependence on arbitrary will, has any need for the notion of a right. His answer is designed to draw us away from many of the assumptions that run through the natural law tradition. Rather than accepting that our rights are stable, located in individuals, and (...) absolute, we should be prepared to accept that the only natural right we possess, our power to do what we can to maintain ourselves, is manifested in claims that are fluctuating, collective and come in degrees. The overriding advantage of this outlook is that it directs our attention to the practical business of politics – to the project of creating rights that will secure our freedom. (shrink)

This chapter explores a potential analogy between mereological principles and laws of nature. Against a backdrop of what Marmodoro has termed ‘power structuralism’ (and a rejection of a Humean worldview), the connection between parthood and modality may be richer than has hitherto been considered. Mereological principles delineate possibilities for parts and wholes, and putting powers at the centre of a discussion about parthood can furnish a novel conception of mereological laws, much as dispositionalism has done so for natural laws; (...) namely, these principles express connections between fundamental dispositional properties. By extending dispositionalism to comprehend mereology in this way, we can help fulfil its promise to provide a foundational, naturalistic metaphysics, as foundational mereological debates then begin to mirror those relating to dispositionalist views of laws of nature: we may treat natural and mereological laws in tandem, as holding either necessarily or contingently, with associated strategies for dealing with supposed counterexamples to one’s preferred set of mereological principles. We can thus bring new life to the debate over whether questions of composition admit of contingent or only necessary answers. (shrink)

Troubling patterns of suppressed speech have emerged on the corporate internet. A large platform may marginalize potential connections between audiences and speakers. Consumer protection concerns arise, for platforms may be marketing themselves as open, comprehensive, and unbiased, when they are in fact closed, partial, and self-serving. Responding to protests, the accused platform either asserts a right to craft the information environment it desires, or abjures responsibility, claiming to merely reflect the desires and preferences of its user base. Such responses betray (...) an opportunistic commercialism at odds with the platforms’ touted social missions. Large platforms should be developing more ambitious standards for promoting expression online, rather than warring against privacy, competition, and consumer protection laws. These regulations enable a more vibrant public sphere. They also defuse the twin specters of monopolization and total surveillance, which are grave threats to freedom of expression. (shrink)

We advance a framework for an inferential conception of physical laws, addressing the problem of the application of mathematical structures to the relevant structure of physical domains. Physical laws, we argue, express generalizations that work as rules for deriving physically informative inferences about their target systems, hence guiding us in our interaction with various domains. Our analysis of the application of mathematics to the articulation of physical laws follows a threefold scheme. First, we examine the immersion of the relevant structure (...) of physical domains into mathematical structures. Second, we assess the inferential power of laws resulting from the mathematical formalism employed in the immersion step. And third, we provide a suitable physical interpretation for the extant mathematical structures obtained from the inferential step. We demonstrate that a deflationary, empiricist framework for an inferential conception of physical laws delivers both an understanding of the mathematical character of physical laws, and a way of responding to some of the standard philosophical riddles associated with laws. (shrink)

There are two perspectives from which formal theories can be viewed. On the one hand, one can take a theory to be about some privileged models. On the other hand, one can take all models of a theory to be on a par. In contrast with what is usually done in philosophical debates, we adopt the latter viewpoint. Suppose that from this perspective we want to add an adequate truth predicate to a background theory. Then on the one hand the (...) truth theory ought to be semantically conservative over the background theory. At the same time, it is generally recognised that the central function of a truth predicate is an expressive one. A truth predicate ought to allow us to express propositions that we could not express before. In this article we argue that there are indeed natural truth theories which satisfy both the demand of semantical conservativeness and the demand of adequately extending the expressive power of our language. (shrink)

Many authors have noted that there are types of English modal sentences cannot be formalized in the language of basic first-order modal logic. Some widely discussed examples include “There could have been things other than there actually are” and “Everyone who is actually rich could have been poor.” In response to this lack of expressive power, many authors have discussed extensions of first-order modal logic with two-dimensional operators. But claims about the relative expressive power of these (...) extensions are often justified only by example rather than by rigorous proof. In this paper, we provide proofs of many of these claims and present a more complete picture of the expressive landscape for such languages. (shrink)

Since early modernity, it has often been assumed that miracles are incompatible with the existence of the natural laws utilized in the sciences. This paper argues that this assumption is largely an artifact of empiricist accounts of laws that should be rejected for reasons internal to philosophy of science, and that no such incompatibility arises on the most important alternative interpretations, which treat laws as expressions of forces, dispositions, or causal powers.

It is shown that the expressive power of second-order propositional modal logic whose modalities are S4.2 or weaker is the same as that of second-order predicate logic.

We investigate the expressive power of memory logics. These are modal logics extended with the possibility to store (or remove) the current node of evaluation in (or from) a memory, and to perform membership tests on the current memory. From this perspective, the hybrid logic (↓), for example, can be thought of as a particular case of a memory logic where the memory is an indexed list of elements of the domain.

Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often (...) rely on appeals to controversial intuitions involving obscure concepts. While retributive intuitions can be compelling, some worry that the justificatory challenge cannot be met merely by appealing to them. ER tries to enhance the clarity and justificatory power of these intuitions and the concepts they invoke by appealing to an expressive conception of punishment. I argue that these theories fail to justify punishment and that there is reason to think that they cannot, in principle, justify punishment. (shrink)

As an intellectual, economic, political and legal project, neoliberalism is not directed towards the rolling back of the state as an aim in itself. While its deregulatory tendencies, its commodification of public services and the undermining of systems of social welfare superficially suggest a generalised reduction in state power, it has been clear from the early 1980s that one of neoliberalism’s primary concerns has been the authoritarian reshaping of state power to engineer particular social outcomes, whether in criminal (...) justice, the disciplining of organised labour, the militarisation of national territory and migration, or the extension and deepening of regimes of austerity. This article introduces the recent work of Maurizio Lazzarato, who has argued that the asymmetrical creditor-debtor relationship is now the archetype of contemporary, neoliberal social relations. Ultimately, Lazzarato’s perspective tends to exaggerate the totalising powers of finance capital and leads him to endorse a form of political voluntarism, which fails to address the role of the neoliberal state as a site for forms of authoritarianism which are not solely generated by the debt relation. As a response, it will be suggested that aspects of Nicos Poulantzas’s concept of ‘authoritarian statism’ can be used to both strengthen our understanding of the authoritarian characteristics of the neoliberal state, and to imagine possibilities for resisting its expressions of power. (shrink)

Natural language provides motivation for studying modal backwards-looking operators such as “now”, “then” and “actually” that evaluate their argument formula at some previously considered point instead of the current one. This paper investigates the expressive power over models of both propositional and first-order basic modal language enriched with such operators. Having defined an appropriate notion of bisimulation for first-order modal logic, I show that backwards-looking operators increase its expressive power quite mildly, contrary to beliefs widespread among (...) philosophers of language and formal semanticists. That in turn presents a strong argument for the use of operator-based systems in the semantics of natural language, instead of systems with explicit quantification over worlds and times that have become a de-facto standard for such applications. The popularity of such explicit-quantification systems is shown to be based on the misinterpretation of a claim by Cresswell, which led many philosophers and linguists to assume that introducing “now” and “then” is expressively equivalent to explicitly quantifying over worlds and times. (shrink)

We study the expressive power in the finite of the logic Fixed-Point+Counting, the extension of first-order logic which is obtained through adding both the fixed-point constructor and the ability to count. To this end an isomorphism preserving (`generic') model of computation is introduced whose PTime restriction exactly corresponds to this level of expressive power, while its PSpace restriction corresponds to While+Counting. From this model we obtain a normal form which shows a rather clear separation of the (...) relational vs. the arithmetical side of the algorithms involved. In parallel, we study the relations of Fixed-Point+Counting with the infinitary logics L r ∞ω (∃ ≥ m ) m∈ω and the corresponding pebble games. The main result, however, involves the concept of an arithmetical invariant. By this we mean a functor taking every finite relational structure to an expansion of (an initial segment of) the standard arithmetical structure. In particular its values are linearly ordered structures. We establish the existence of a family of arithmetical invariants (J r ) r≥ 1 with the following properties: $\bullet$ The invariants themselves can be evaluated in polynomial time. $\bullet$ A class of finite relational structures is definable in Fixed-Point+Counting if and only if membership can be decided in polynomial time on the basis of the values of one of the invariants. $\bullet$ The invariant J r classifies all finite relational structures exactly up to equivalence with respect to the logic L r ∞ω (∃ ≥ m ) m∈ω . We also give a characterization of Fixed-Point+Counting in terms of sequences of formulae in the L r ωω (∃ ≥ m ) m∈ω : It corresponds exactly to the polynomial time computable families (φ n ) n∈ω in these logics. Towards a positive assessment of the expressive power of Fixed-Point+Counting, it is shown that the natural extension of fixed-point logic by Lindström quantifiers, which capture all the PTime computable properties of cardinalities of definable predicates, is strictly weaker than what we get here. This implies in particular that every extension of fixed-point logic by means of monadic Lindstrom quantifiers, which stays within PTime, must be strictly contained in Fixed-Point+Counting. (shrink)

Rousseau's understanding of legislation as the expression of the general will implies a constitutional principle of legislative supremacy. In turn, this should translate to a narrow, mechanical account of adjudication, lest creative judicial interpretation subvert the primacy of legislative power. Yet in his constitutional writings, Rousseau recommends open-textured and vague legislative codes, which he openly admits will require judicial development. Thus he apparently trusts a great deal in judicial discretion. Ostensibly, then, he overlooks the problem of how legislative indeterminacy—and (...) correspondingly, judicial discretion—may undermine the authority of the general will. However, I argue that Rousseau aims to check judicial subversion of legislative supremacy simply by extending his broader social politics—and specifically, his peculiar concept of republican virtue—to the domain of law. His main concern is that the law should not develop as a mystifying expert practice; therefore, he necessarily rejects any understanding of judicial virtue as lying in principled discourse. Instead, he envisages that judicial power will be checked by a more generic sense of republican virtue. In turn this echoes his apprehension of social differentiation and social complexity as sources of domination and hierarchy. (shrink)

The aim of the paper is to analyze the expressive power of the square operator of Łukasiewicz logic: ∗x=x⊙x⁠, where ⊙ is the strong Łukasiewicz conjunction. In particular, we aim at understanding and characterizing those cases in which the square operator is enough to construct a finite MV-chain from a finite totally ordered set endowed with an involutive negation. The first of our main results shows that, indeed, the whole structure of MV-chain can be reconstructed from the involution (...) and the Łukasiewicz square operator if and only if the obtained structure has only trivial subalgebras and, equivalently, if and only if the cardinality of the starting chain is of the form n+1 where n belongs to a class of prime numbers that we fully characterize. Secondly, we axiomatize the algebraizable matrix logic whose semantics is given by the variety generated by a finite totally ordered set endowed with an involutive negation and Łukasiewicz square operator. Finally, we propose an alternative way to account for Łukasiewicz square operator on involutive Gödel chains. In this setting, we show that such an operator can be captured by a rather intuitive set of equations. (shrink)

We examine the expressive power of probabilistic context free grammars (PCFGs), with a special focus on the use of probabilities as a mechanism for reducing ambiguity by filtering out unwanted parses. Probabilities in PCFGs induce an ordering relation among the set of trees that yield a given input sentence. PCFG parsers return the trees bearing the maximum probability for a given sentence, discarding all other possible trees. This mechanism is naturally viewed as a way of defining a new (...) class of tree languages. We formalize the tree language thus defined, study its expressive power, and show that the latter is beyond context freeness. While the increased expressive power offered by PCFGs helps to reduce ambiguity, we show that, in general, it cannot be decided whether a PCFG removes all ambiguities. (shrink)