Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore (...) one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations. (shrink)

Law and medicine can be caught in a tight embrace. They both play a central role in the politics of harm, making decisions regarding what counts as injury and what might be the most suitable forms of redress or remedy. But where do law and medicine converge and diverge in their responses to and understandings of harm and suffering? Using empirical case studies from Europe, the Americas and Africa, The Clinic and the Court brings together leading medical and legal anthropologists (...) to explore this question. (shrink)

"Proceedings of the 11th IVR World Congress on Philosophy of Law and Social Philosophy... held on August 14-20, 1983 in Helsinki"--Introd.

In order to clarify the relationship between morality and law, it is necessary to define both concepts precisely. Cultural realities refer to concepts which are more specifically defined if we focus towards the genealogy of those realities, that is to say, their motivation, function and aim. Should we start from legal anthropology, comparative law and history of law, law arises as a social technique which coactively imposes ways of solving conflicts, protecting fundamental values for a society's co-existence. Values subject (...) to being protected are proposed by morality, the latter making subordination of law to morality inevitable. This explains that a great number of modern constitutions include a reference to fundamental moral values, that is to say, they have explicitly positivised moral contents. Legal reasoning, at all levels and expressions, needs to appeal to the aforementioned values. Constitutional reasoning, international law, legislative activity and judicial practice are studied to verify the latter. This subordination of law to morality sets out a serious problem: moralities are cultural realities which are only valid for a specific society. In order for law not to fall in a not very rational legal relativism, law should not be subordinated to morality, but to ethics, the latter understood as cross-cultural morality. The Universal Declaration of Human Rights was a step forward in this sense. (shrink)

This article is a libertarian critique of incest laws. On the basis of the libertarian “harm principle”, one must ask what exactly is the harm that incest brings forth. Traditionally, anthropologists have tried to rationalize the incest taboo in various theories, and lawmakers have used these principles as grounds for the criminalization of incest. These principles are the preservation of family structure, the enhancement of alliances and the avoidance of genetic risks. While I acknowledge that these rationalizations are plausible, I (...) argue that they are still not sufficient grounds for the preservation of incest laws, and consequently, there is an ethical need to reform them. (shrink)

Accounts of natural law moral philosophy and theology sought principles and precepts for morality, law, and other forms of social authority, whose prescriptive force was not dependent for validity on human decision, social influence, past tradition, or cultural convention, but through natural reason itself. This volume critically explores and assesses our contemporary culture wars in terms of: the possibility of natural law moral philosophy and theology to provide a unique, content-full, canonical morality; the character and nature of moral pluralism; the (...) limits of justifiable national and international policy seeking to produce and preserve human happiness, social justice, and the common good; the ways in which morality, moral epistemology, and social political reform must be set within the broader context of an appropriately philosophically and theologically anchored anthropology. This work will be of interest to philosophers, theologians, bioethicists, ethicists and political scientists. (shrink)

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...) reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

Introduction -- Rational anthropology and the difference between persons and animals -- Human freedom and conscience -- The three moral determinants and doubts of conscience -- The principle of double effect and consequentialism -- Cooperation and scandal -- Virtues--natural and supernatural -- Sin and grace -- Revelation -- Reproductive technologies -- Homosexuality and same-sex marriage -- Contraception -- Abortion -- Marriage and family -- End of life issues -- Appendix A : Summary of Evangelium Vitae -- Appendix B : (...) Summary of Savifici Doloris. (shrink)

In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, (...) Supiot deconstructs the illusion of a world that has become flat and undifferentiated, regulated only by supposed "laws" of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot's exploration of the development of the legal subject-the individual as formed through a dense web of contracts and laws-is set to become a classic work of social theory. (shrink)

New York University Press has been publishing a series of studies on the nature and meaning of time, under the general heading of "Time and Its Mysteries." So far three series of discussions have appeared. There have been some rather good studies of the making of watches and of time as pertinent to science, history and anthropology. Philosophy has been represented by John Dewey. No attention has as yet been paid to the metaphysical and cosmological aspects of time. An (...) historical survey of major philosophic views would also be of value. (shrink)

Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the (...) Kabbalah. The particular themes discussed include the denigration of the non-Jew as the ontic other in kabbalistic anthropology and the eschatological crossing of that boundary anticipated in the instituition of religious conversion; the overcoming of the distinction between good and evil in the mystical experience of the underlying unity of all things; divine suffering and the ideal of spiritual poverty as the foundation for transmoral ethics and hypernomian lawfulness. (shrink)

Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known as the (...) Kabbalah. The particular themes discussed include the denigration of the non-Jew as the ontic other in kabbalistic anthropology and the eschatological crossing of that boundary anticipated in the instituition of religious conversion; the overcoming of the distinction between good and evil in the mystical experience of the underlying unity of all things; divine suffering and the ideal of spiritual poverty as the foundation for transmoral ethics and hypernomian lawfulness. (shrink)

In this volume leading historians and anthropologists with an interest in law gather to analyse the nature and meaning of law in diverse societies. They start from the concept of legalism, taken from the anthropologist Lloyd Fallers, whose 1960s work on Africa engaged, unusually, with jurisprudence. The concept highlights appeal to categories and rules. The degree to which legalism in this sense informs people's lives varies within and between societies, and over time, but it can colour equally both 'simple' and (...) 'complex' law. Breaking with recent emphases on 'practice', nine specialist contributors explore, in a wide-ranging set of cases, the place of legalism in the workings of social life. The essays make obvious the need to question our parochial common sense where ideals of moral order at other times and places differ from those of modern North Atlantic governance. State-centred law, for instance, is far from a 'central case'. Legalism may be 'aspirational', connecting people to wider visions of morality; duty may be as prominent a theme as rights; and rulers from thirteenth-century England to sixteenth-century Burma appropriate, as much they impose, a vision of justice as consistency. The use of explicit categories and rules does not reduce to simple questions of power. The cases explored range from ancient Asia Minor to classical India, and from medieval England and France to Saharan oases and southern Arabia. In each case they assume no knowledge of the society or legal system discussed. The volume will appeal not only to historians and anthropologists with an interest in law, but to students of law engaged in legal theory, for the light it sheds on the strengths and limitations of abstract legal philosophy."--Publisher's description. (shrink)

The Anthropology of Islamic Law shows how hermeneutic theory and practice theory can be brought together to analyze cultural, legal, and religious traditions. These ideas are developed through an analysis of the Islamic legal tradition, which examines both Islamic legal doctrine and religious education.

This paper explores a colonial controversy: the imposition of state rules to limit salmon fishing in a Scandinavian subarctic river. These rules reflect biological fish population models intended to preserve salmon populations, but this river has also been fished for centuries by indigenous Sámi people who have their own different practices and knowledges of the river and salmon. In theory, the Norwegian state recognizes traditional ecological knowledge and includes this in its biological assessments, but in practice this does not happen, (...) so Sámi fishing practices and the realities that they enact are disappearing. This paper explores how to conceptualize colonial differences in knowing. Drawing on recent anthropology, it asks how “settler” and “nomadic” enact worlds and their realities, suggesting that, unlike the latter, the former create a single reality intolerant of alternatives. The focus is thus on a “politics of how” and the ways in which colonial realities and knowledges might intersect less destructively. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...) and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

The overall goal of the article is to reexamine Hobbes’s concern to respond to the challenges of the republican perspective on the relationship between the liberty of subjects and the political power. If, according to Skinner, republican theorists appealed to sources of classical antiquity, I argue that Hobbes chooses to offer a blend of classical and theological ideas in order to generate a “science” of the political life within the confines of a postlapsarian world dominated by passion and the fear (...) of death. If the image of God is maintained in the Hobbesian politics, it is because Hobbes needed a model of imitation of a stability that the individuals dominated by passions failed too often to have. Hobbes also needed a model of omnipotence and providence to be imitated by the sovereign. This complex relationship between the theological heritage of the past and the novelties inaugurated in political thought by Hobbes’s accent on human passions triggers a series of changes in Hobbes’s understanding of the law of nature and natural right. The article brings to discussion Hobbes’s indebtedness to Lactantius in reading Lucretius’s materialism, Augustine’s model of God as a Creator and the theological controversy between intellectualism and voluntarism when formulating his own anthropological perspective on “natural” and “civil” law and right. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 44.4 (2006) 623-634 MuseSearchJournalsThis JournalContents[Access article in PDF]Character and Evil in Kant's Moral AnthropologyPatrick FriersonIn the Metaphysics of Morals, Kant explains that moral anthropology studies the "subjective conditions in human nature that help or hinder [people] in fulfilling the laws of a metaphysics of morals" and insists that such anthropology "cannot be dispensed with" (6:217).1 But it is often difficult to (...) find clear evidence of this sort of anthropology in Kant's own works. In this paper, I discuss Kant's account of character as an example of Kantian moral anthropology.Kant's account of character is one of the most important parts of his Anthropology from a Pragmatic Point of View.2 Kant describes the character of the person, in particular, as the "distinguishing mark of the human being as a rational being endowed with freedom" and says that character "indicates what the human being is prepared to make of himself" (7:285). Recently, Kant commentators have gone even further. G. Felicitas Munzel, for example, claims that character is "the systematic link between the moral, aesthetic, and anthropological elements of Kant's works."3 This paper will not investigate the full richness of Kant's account of character. Instead, I focus on one particular problem that arises in Kant's discussion of character—an apparent conflict between the moral relevance of character and the possibility of evil character. By showing why there is an apparent conflict and why it is merely apparent, I show some of the ways in which a particular subjective condition in human nature can help, but not force, people to fulfill the laws of a metaphysics of morals. [End Page 623]1. The Problem: Moral Character and the Case of SullaWhen Kant introduces character in the Anthropology, he distinguishes between the character of the person, of the sex, of the nation, of the race, and of the species. Even within the character of the person, he distinguishes between "natural aptitude," "temperament," and "character purely and simply," all of which are different kinds of individual character. But only the last—the "character purely and simply"4 of a person—"is moral" and "shows what man is prepared to make of himself" (7:285).5 This paper focuses only on that general, moral character.At first, Kant seems to describe general character as morally good. Twice in his opening discussion of character, Kant describes "character" (Charakter) as "moral" (moralische) (7:285), and he insists that "character has an inner worth, and is beyond all price" (7:292). Though not decisive, these comments suggest that one with character has a good will. But Kant goes further, adding that the person with character "relies on principles that are valid for everyone" (7:293). This reference to universally valid principles is picked up later in a way that highlights its moral goodness.For character requires maxims that proceed from reason and morally-practical principles. Therefore one cannot rightly say that the malice of this human being is a quality of his character; for then it would be diabolic. The human being, however, never sanctions the evil in himself, and so there is actually no malice from principles; but only from the forsaking of them.(7:293–94)It seems that Kant could not be more explicit. Character seems to involve acting on the basis of principles that conform to and even flow from "morally-practical principles," which he seems to distinguish from anything evil. This seems quite close to Kant's account of the good will as a will "whose principle is the categorical imperative" (4:444). (Although Kant's precise account of the good will is complicated, for our purposes here it is sufficient to define a good will as a will that consistently acts out of respect for the moral law.6) To have character, it would seem, is to have a good will.But this apparent identification of character with good character does not fit the rest of... (shrink)

This innovative text reinvigorates argumentation studies by exploring the experience of argument across cultures, introducing an anthropological perspective into the domains of rhetoric, communication, and philosophy. The Anthropology of Argument fills an important gap in contemporary argumentation theory by shifting the focus away from the purely propositional element of arguments and onto how they emerge from the experiences of peoples with diverse backgrounds, demonstrating how argumentation can be understood as a means of expression and a gathering place of ideas (...) and styles. Confronting the limitations of the Western tradition of logic and searching out the argumentative roles of place, orality, myth, narrative, and audience, it examines the nature of multi-modal argumentation. Tindale analyzes the impacts of colonialism on the field and addresses both optimistic and cynical assessments of contextual difference. The results have implications for our understanding of contemporary argumentative discourse in areas marked by deep disagreement, like politics, law and social policy. The book will interest scholars and upper-level students in communication, philosophy, argumentation theory, anthropology, rhetoric, linguistics, and cultural studies. (shrink)

This paper focuses on the philosophical-ethical foundations of Constantine’s definition of philosophy, as well as its anthropological and axiological aspects. The focus is placed on the relationship between definitions of philosophy postulated by Constantine the Philosopher and John of Damascus, the latter of which traces the six classical definitions systematized by Platonic commentators. Byzantine thinkers proposed a method of unifying both the theoretical and practical aspects of ancient philosophy with a Christian way of life by interpreting the classical definitions of (...) philosophy and dividing it into theoretical and practical parts, the latter including ethics. Constantine understood philosophy in the sense of the second (knowledge of things Divine and human) and the fourth (becoming like God) meanings of earlier definitions, with the addition of the Christian sense of acting in accordance with the image of God. In addition to these gnosiological and anthropological aspects, the paper also observes the axiological aspect of Constantine’s definition of philosophy, which appears to be a foundation for exploring human behaviour as in compliance with Christian laws encouraging changes in ethical principles so as to follow a new code of ethics, through which new values were presented to the Slavs. (shrink)

What will be the future of social science? Where exactly do we stand, and where do we go from here? What kinds of problems should we be addressing, with what kinds of approaches and arguments? In Cognitive Dimensions of Social Science, Mark Turner offers an answer to these pressing questions: social science is headed toward convergence with cognitive science. Together they will give us a new and better approach to the study of what human beings are, what human beings do, (...) what kind of mind they have, and how that mind developed over the history of the species. Turner, one of the originators of the cognitive scientific theory of conceptual integration, here explores how the application of that theory enriches the social scientific study of meaning, culture, identity, reason, choice, judgment, decision, innovation, and invention. About fifty thousand years ago, humans made a spectacular advance: they became cognitively modern. This development made possible the invention of the vast range of knowledge, practices, and institutions that social scientists try to explain. For Turner, the anchor of all social science - anthropology, political science, sociology, economics - must be the study of the cognitively modern human mind. In this book, Turner moves the study of those extraordinary mental powers to the center of social scientific research and analysis. (shrink)

In the Metaphysics of Morals, Kant explains that moral anthropology studies the “subjective conditions in human nature that help or hinder [people] in fulfilling the laws of a metaphysics of morals” and insists that such anthropology “cannot be dispensed with” (6:217).1 But it is often difficult to find clear evidence of this sort of anthropology in Kant’s own works. in this paper, i discuss Kant’s account of character as an example of Kantian moral anthropology.

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

This article takes up Marilyn Strathern’s formulation of a law/culture ‘duplex’ – her term for the complementarity of anthropology and law as means to each other’s ends. She draws attention to the limitations of the duplex, and urges us to consider ethnography as (in part) a project of unwinding its entwinement. As a step toward that end, the article returns to classic texts by Emile Durkheim and Bronislaw Malinowski – texts that were foundational to the emergence of anthropology, (...) and to the establishment of law as an object of study for the social sciences. Re-read in light of Strathern’s insight, what has been widely taken as their relativism emerges instead as their defense of political community as a subject for ethnography, and (accordingly) the basis for a theoretical check on law conceived globally – within states or as colonial overrule. The article concludes with a discussion of the contemporary relevance of that position. (shrink)

_Contributions to Law, Philosophy and Ecology: Exploring Re-Embodiments_ is a preliminary contribution to the establishment of re-embodiments as a theoretical strand within legal and ecological theory and philosophy. Re-embodiments are all those contemporary practices and processes that exceed the epistemic horizon of modernity. As such, they offer a plurality of alternative modes of theory and practice that seek to counteract the ecocidal tendencies of the Anthropocene. The collection is comprised of eleven contributions approaching re-embodiments from a multiplicity of fields, including (...) legal theory, eco-philosophy, eco-feminism and anthropology. The contributions are organized in three parts, ‘Beyond Modernity, ‘The Sacred Dimension’ and ‘The Legal Dimension’. The collection is opened by a comprehensive introduction that situates re-embodiments in theoretical context. Whilst closely bound with embodiment and new materialist theory, this book_ _contributes a unique voice that echoes diverse political processes contemporaneous to our times. Written in an elegant and accessible language, the book will appeal to undergraduates, postgraduates and established scholars alike seeking to understand and take re-embodiments further, both politically and theoretically. (shrink)

This article concerns Aquinas’s practical doctrine on two philosophical difficulties underlying much contemporary ethical debate. One is Hume’s Is-ought thesis and the other is its radical consequence, Moore’s Open-question argument. These ethical paradoxes appear to have their roots in epistemological scepticism and in a deficient anthropology. Possible response to them can be found in that Aquinas’s human intellect (essentially theoretical and practical at the same time) naturally performs three main operations: 1º) To apprehend the intellecta and universal notions ens, (...) verum and bonum. 2º) To formulate the first theoretical and practical principles. 3º) To order that the intellectum and universal good be done and the opposite avoided. Thomistic philosophical response to both predicaments will not be exclusively ethical, but will harmonically embrace ontology, anthropology and epistemology. (shrink)

This article concerns Aquinas’s practical doctrine on two philosophical difficulties underlying much contemporary ethical debate. One is Hume’s Is-ought thesis and the other is its radical consequence, Moore’s Open-question argument. These ethical paradoxes appear to have their roots in epistemological scepticism and in a deficient anthropology. Possible response to them can be found in that Aquinas’s human intellect (essentially theoretical and practical at the same time) naturally performs three main operations: 1º) To apprehend the intellecta and universal notions ens, (...) verum and bonum. 2º) To formulate the first theoretical and practical principles. 3º) To order that the intellectum and universal good be done and the opposite avoided. Thomistic philosophical response to both predicaments will not be exclusively ethical, but will harmonically embrace ontology, anthropology and epistemology. (shrink)

I approach the subject of human enhancement—whether by genetic, pharmacological, or technological means—from the perspective of Thomistic/Aristotelian philosophical anthropology, natural law theory, and virtue ethics. Far from advocating a restricted or monolithic conception of “human nature” from this perspective, I outline a set of broadly-construed, fundamental features of the nature of human persons that coheres with a variety of historical and contemporary philosophical viewpoints. These features include self-conscious awareness, capacity for intellective thought, volitional autonomy, desire for pleasurable experiences, and (...) the necessity of healthy biological functioning. On this basis, I contend that there may be legitimate forms of human enhancement for specific purposes related to the physical, cognitive, and emotive dimensions of human existence. However, wider philosophical considerations call into question whether societal attitudes towards enhancement and the differences that may emerge between those who are enhanced versus the unenhanced may raise insurmountable questions of justice, as well as a loss of virtues associated with what Alasdair MacIntyre refers to as our “acknowledged dependency.” This presentation will navigate towards conclusions differentiating principled from practical objections to specific forms of, and means towards achieving, enhancement of certain human capacities. While critical of some forms of human enhancement, I nevertheless argue that other forms of enhancement are, in principle, morally permissible—and for which any practical concerns may be surmountable—insofar as they positively support human flourishing according to our nature as living, sentient, social, and rational animals. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:INDIFFERENCE AND ENVY: THE ANTHROPOLOGICAL ANALYSIS OF MODERN ECONOMY Paul Dumouchel University ofQuébec-Montréal 1. Girard and economics René Girard himself has not written very much on economics, at least explicitly. Though his works are full ofinsights into and short remarks on the sacrificial origin of different economic phenomena or the way in which mimetic relations and commercial transactions are often intertwined and act upon each other.1 Unlike religion, psychology, (...) psychoanalysis, literature and anthropology, the analysis of modem and traditional economies from the point ofview ofmimetic theory has never been carried out by Girard himself, but for the most part by other people, for example, in the French speaking world, which I know best, essentially by Michel Aglietta and André Orléan in La violence de la monnaie (1982) and by Jean-Pierre Dupuy and myself in L'enfer des choses (1979) and as well as others, such as, by Mark Anspach, Andrew Feenberg, P. Lantz, A. Orléan, G-H. de Radkowsky and Lucien Scubla in various works on economy, economic anthropology, or the place and role of money in literary texts.2 In a way, this is somewhat surprising since the relationship between mimetic and economic phenomena, at least in a broad sense, was seen quite early on. For example, soon after the original publication Mensonge romantique et vérité romanesque (1961) the French Marxist Lucien Goldman wrote in his Pour une sociologie du Roman (1964) that Girard's work was the most important book to read in order to understand 1 For example, Mensonge romantique (18-23); Des choses cachées (82-88). 2 See Anspach, Feenberg, Lantz, Orléan [passim], de Radkowski. 150Paul Dumouchel the effects of economic alienation on literature since Georg Lukács's Theory of the Novel (1920). Moreover in a footnote in Les origines du capitalisme (1971) Jean Baechler suggested that those wishing to understand the nature of the infinite desire for acquisition which capitalists economies have institutionalized should read Girard's book.3 Whatever the reason for Girard's relative disinterest in economic phenomena others have not been prevented from tackling this problem and it bears witness in a special way to the dynamism and intellectual power ofthe mimetic theory that its application to the field ofeconomics has essentially, ifnot entirely, been due to the work of others rather than to the efforts of René Girard himself. 2. The substantivist-formalist debate In the late 1 940's and early 1 950's a debate began that divided (and still divides) the community ofeconomists and ofanthropologists interested in economic phenomena. It concerns the nature ofeconomy and is generally referred to as the substantivist-formalist debate. It was first formulated in the works of the Austrian economist, Karl Polanyi.4 In The Great Transformation (1945), a book on the history ofthe formation and organization ofthe market economy in Europe from the late 1 8th to early 20th centuries, Polanyi already argued that the modem market economy was a rare historical accident. Furthermore Polanyi said, unlike what liberal and economic ideologies pretend, thatthere is nothingnatural aboutthe market. It does not correspond to any spontaneous human tendency to barter and exchange, and it does not arise by itself as soon as certain conditions are satisfied. Onthe contrary, modem markets have been put into place through sustained and voluntary state policies which consciously destroyed traditional solidarities, authorized the unlimited sale of land and labor and literally created the labor market, for example, in England through the Reform Bill of 1834 that repealed the existing Poor Laws which had prevented the free circulation of labor. The system formed by market economies, the balance of power among European states and the gold 3 Interestingly, 24 years later, in the second vastly enlarged edition of that work, Le capitalisme, (1995) the reference to Girard has disappeared though the text ofthe original work, which now constitutes the second part of the book, is otherwise reprinted in its integrity. 4 Actually Polanyi in The Livelihood ofMan (1977) sees the origin of the debate in Carl Mengers, Principles ofEconomics [1871]. Let us say then that it found its first modern formulation in the work of Polanyi. Indifference andEnvy... (shrink)

IN HIS CRITICAL METAPHYSICS OF MORALS, Kant insists on keeping the purely rational concepts, laws, and principles of moral philosophy strictly separate from the empirical elements of practical anthropology. This is not to say that he treats the a priori part of the doctrine of morals in isolation from empirical psychological concepts and observations about the special nature of human beings. He allows that such elements are necessarily brought into the formulation of the system of pure morality. Still, he (...) maintains that their integration with this system cannot detract from the purity of the highest principles and fundamental a priori concepts of morality themselves, or cast any doubt on the a priori origin of all practical laws in pure reason alone. Within the system of the metaphysics of morals, the pure part of moral philosophy must therefore be logically dissociated from any particular theory of human nature that includes the principles of a specifically human moral psychology. This measure is mandatory if moral philosophy is not to rely on species-dependent presuppositions when, on the basis of its pure part, it plays its distinctive legislative role for humans as rational beings. As Kant states in the Grundlegung zur Metaphysik der Sitten of 1785, “all moral philosophy rests wholly upon its pure part, and, when applied to the human being, it borrows not the least thing from the knowledge of that being, but rather gives to the human being, as a rational being, laws a priori.” Accordingly, the foundational task of the metaphysical theory of morals must be to investigate the “ideas and the principles of a possible pure will, and not the actions and conditions of human willing [Wollen] as such, which for the most part are drawn from psychology.”. (shrink)

The Anthropology of Islamic Law: Education, Ethics, and Legal Interpretation at Egypt’s Al-Azhar. By Aria Nakissa. Oxford Islamic Legal Studies. New York: Oxford University Press, 2019. Pp. ix + 312. $95.

The project : naturalist, theistic, and religious approaches to natural law -- Neo-Aristotelian naturalist ontology and anthropology and element 3) -- NAVE element 2) Anthropology and 3) the wish for wellbeing and its ingredients -- Element 4) Principles, precepts, and virtues -- Element 5) of NAVE -the method of determination in moral reasoning -- Physicalism is not proven -- Bringing back God and religion -- Select applications : organisational agency and ethics : states, churches, corporations -- Applying natural (...) law to violence : the NAVE and DGE positions -- Global poverty : the moral obligations of persons, organisations, and states to relieve poverty -- Natural law applications : sexuality and marriage -- Concepts of justice, benevolence and agape -- Justice and Satygraha/Agape Caritas : the rationality of unconditional non-violence (Ahisma). (shrink)

In our study of U.S. counterterrorism programs, we found that anthropology needs a mode of analysis that considers security as a form distinct from insecurity, in order to capture the very heterogeneity of security objects, logics and forms of action. This article first presents a genealogy for the anthropology of security, and identifies four main approaches: violence and State terror; military, militarization, and militarism; para-state securitization; and what we submit as “security analytics.” Security analytics moves away from studying (...) security formations, and how much violence or insecurity they yield, to identifying security forms of action, whether or not they are part of the nation-state. As a framework for anthropological inquiry, it is oriented toward capturing how these forms of action work and what types of security they produce. We then illustrate this approach through our fieldwork on counterterrorism in the domains of law enforcement, biomedical research and federal-state counter extremism. In each of our cases, we use security analytics to arrive at a diagnosis of the form of action. The set of conceptual distinctions that we propose as an aid to approaching empirical situations and the study of security is, on another level, a proposal for an approach to anthropology today. We do not expect that the distinctions that aid us will suffice for every situation. Rather, we submit that this work presents a set of specific insights about contemporary U.S. security, and an example of a new approach to anthropological problems. (shrink)

This book offers an intelligent and thought-provoking analysis of the genealogy of Western capitalist 'development'. Jennifer Beard departs from the common position that development and underdevelopment are conceptual outcomes of the Imperialist Era and positions the genealogy of development within early Christian writings in which the western theological concepts of sin, salvation, and redemption are expounded. In doing so, she links the early Christian writings of theologians such as Augustine and , Anselm and Abelard to the processes of modern identity (...) formation of which the West, the First World, the Rule of Law and the individual subject and his or her freedoms are but a part. The concept of development is thus identified within western culture as a symptom of loss within the desire for completion; as the logic behind the economic restructuring of nations as underdeveloped is revealed as that ruthless imaginary by which First World nations maintain their ideal of themselves. Drawing upon anthropology, economics, historiography, philosophy of science, theology, feminism, cultural studies and development studies, this book contains the best of interdisciplinary work in international law. (shrink)

John Locke is known within anthropology primarily for his empiricism, his views of natural laws, and his discussion of the state of nature and the social contract. Marilyn Strathern and Marshall Sahlins, however, have offered distinctive, novel, and broad reflections on the nature of anthropological knowledge that appeal explicitly to a lesser-known aspect of Locke’s work: his metaphysical views of relations. This paper examines their distinctive conclusions – Sahlins’ about cultural relativism, Strathern’s about relatives and kinship – both of (...) which concern the objectivity of anthropological knowledge. Although Locke’s own views of relations have been neglected by historians of philosophy in the past, recent and ongoing philosophical discussions of Locke on relations create a productive trading zone between philosophy and anthropology on the objectivity of anthropological knowledge that goes beyond engagement with the particular claims made by Sahlins and Strathern. (shrink)

The article attempts to think friendship in its relation to law and justice and provides some arguments for the importance of this concept in Derrida’s ethical, legal and political philosophy. It draws on early texts such as Of grammatology and reads them in conjunction with later texts such as The animal that therefore I am. The relation of friendship to law and justice is explored by means of Derrida’s notion of “degenerescence” understood as the necessity or law of indeterminateness that (...) cuts across, both limiting and de-limiting, all laws, types and generic partitions, for instance, juridical (natural and positive right), humanistic (human and animal), anthropological (sexual difference), philosophical (physis and nomos). Drawing on Derrida’s readings of “sexual difference” in Heidegger and the latter’s evocation of “the voice of the friend” in Being and time, the article addresses the theme of Geschlecht and articulates the exigency to think sexual difference beyond duality together with the exigency to rethink law and right otherwise than on the ground of nativity and “natural fact” and in terms of what Derrida calls “a friendship prior to friendships” at the origin of all law and socius. (shrink)

The extended notion of law evoked by the concept of legal pluralism has been subjected to powerful anthropological critiques. Simon Roberts, among others, has argued that law should be kept analytically distinct from forms of negotiated order. His persuasive argument in favour of a link between law and government, however, shuts the door on examples of law which arise before, or apart from, government, but which are nevertheless not negotiated orders. Law, it is argued here, can be identified neither by (...) reference to the negotiation of order, nor by reference to government. It is, rather, an intellectual system, identified by its expressive and aspirational qualities and its ideological claims to promote order and justice. In order to distinguish law from other ideological systems it is, then, necessary for the legal anthropologist to pay more attention to the significance of the legal form. (shrink)

Kant holds in his works on morality that prudence is not free, because only action under the moral law is free. He also holds that acting on prudent reasons is incompatible with the moral law. If one explores his lectures on anthropology, however, one has reason to believe that not only is prudent action free in some sense as freedom of choice, but it is also not incompatible with moral action, since it does not necessitate using other human beings (...) as mere means, even though it is about using other human beings as ends to one’s happiness. This article will show how Kant holds these positions in his lectures on anthropology. (shrink)

In this paper the relation between being and becoming is analyzed and the Kierkegaard’s existential method is considered. Also the three stages of existence are described as the evolution of a human being. This evolution means gradual creation of true selfhood due to decisive choices and actions. The author stresses that Kierkegaard’s existential anthropology is a version of the dialectical religious existentialism. A human being is paradoxical and her or his conflicts cannot be resolved by rational way. Existence has (...) its own logic, which differs from the dialectical logic of Hegel’s absolute idea or spirit. This logic is paradoxical and needs other laws, i.e. the laws of love, faith and repetition. Repetition is essential for religious experience, because it teaches to be humble. An individual’s humility means that he/she is not disturbed by any superfluous things and he/she does not pursue them. Such humble individual remains quiet in any situations. The author proves that Kierkegaard is one of the philosophers of Modern Time, who struggles against speculative and objective thinking, which depersonalizes a human being; a human’s being is totally subjective and on higher level it is a passion of faith. (shrink)

This work investigates worship and formation in view of Christian anthropology, particularly union with Christ.

This paper focus on the problem posed by the rigidity of categories to the translation/transaction operation of the intercultural approach to law. This rigidity holds subjects back from leaving the more structured paradigms (moral, social, cultural, legal) of their culture. The first methodological issue this paper seeks to clarify is to place the problem of categories within a narrowly delimited research horizon in which this issue can be treated with an appropriate degree of scientific rigor. This need seems to find (...) a solution in a shift from the strictly legal plane to the linguistic plane. In linguistic terms, one could observe categories as the articulation of certain linguistic signs (signifier/signified) to a high degree of abstraction and fixity of meaning. The question, then, is whether and how it is possible to overcome the resistance of this elementary unit of language. This opens to the legal-theoretical problem a strictly linguistic (semiological and semiotic) line of inquiry. The research idea of this contribution is that the linguistic sign has spaces of resilience that remain unknown to the semiological view but visible to a semiotic view. A ‘bridge’ between the abstraction of the semiotic level and the concreteness of the legal level can be find in the most recent developments of cultural anthropology, which will be used here. Following this approach and these tools the aim of this paper is to show the potential of the sign observed from a semiotic perspective in drawing intersubjective and even interspecific semiotic lines useful to intercultural law. The method adopted here consists of an epistemological pluralism that holds together semiotics, anthropology and law, thus showing the fruitfulness of an openly interdisciplinary approach. (shrink)

Homo Juridicus focuses on the normative foundations underlying all socio-cultural formations. The book uses the concept of ''normativity'' in an inclusive sense. It includes law, but it is not limited to it. As such, it explores the various social and cultural forces that persuade, incite, seduce, influence, direct, restrain, repress or control behavior. It is a major interdisciplinary study cutting across several disciplines of social science, such as law, anthropology, sociology, psychology, linguistics and philosophy. Its primary audience is law (...) students, as well as the scholarly community across law and the social sciences. ''Isaak Dore is one of the very few scholars who straddles a broad range of legal and nonlegal disciplines. This important book deconstructs the idea of normativity in culture and illuminates it through various strains of thought in anthropology, sociology, psychology, linguistics and philosophy. Its grasp of these disciplines is impressive in terms of nuance, breadth, particularity and lucidity. It is a unique work, brilliantly executed, providing a rich background against which the promotion of social order through legal and nonlegal norms can be evaluated. It both provokes and compels one to think outside of the conventional structures and assumptions of law and social order. I know of no other work that offers the broad intellectual reach that this ambitious book presents.'' - Laura S. Underkuffler, J. DuPratt White Professor of Law, Cornell Law School. (shrink)

_Purpose._ The study aims to define and comprehend the phenomenon of freedom as an anthropological problem in the Christian philosophical heritage of A. Augustine and H. Skovoroda. The objectives of the study are: a) to identify the main aspects of the problem of freedom in the Christian philosophy of Augustine; b) to clarify the essence and specificity of understanding of freedom in the philosophical anthropology of H. Skovoroda; c) to compare the peculiarities of the statement of the problem of (...) freedom by Augustine and Skovoroda. _Theoretical basis._ The achievement of the purpose is based on theoretical-methodological, historical-philosophical and comparative analysis of the content of the concept of freedom within the philosophical views of A. Augustine and H. Skovoroda. Also, the analysis of the original sources of the thinkers has allowed to formulate the theoretical and practical significance of their ideas in this field and their importance for the further development of world philosophy. _Originality._ It has been confirmed that in the religious philosophy of Augustine, freedom appears on an immanent-spiritual plane and is a phenomenon manifested as a person’s ability of self-determination in his actions. Augustine explains freedom by raising the question of free will, evil, salvation, predestination and divine grace. It is substantiated that the analysis of the problem of freedom in the philosophy of H. Skovoroda presupposes an understanding of the main components of his philosophical and anthropological theory: ontological (the doctrine of "two natures" and "three worlds"); gnoseological (the concept of self-knowledge); ethical (the problem of happiness, good, etc.). It is determined that human freedom in the work of both philosophers is defined in conceptual and semantic aspects as a moral and ethical choice between good and evil. It is established that both Augustine and Skovoroda emphasize the discovery by man of the moral, spiritual law and life in accordance with its norms – this is a kind of idea of positive freedom ("freedom for"), and the call to escape from the world of evil is the idea of negative freedom ("freedom from"). _Conclusions._ Thus, we continued the historical-philosophical study of the peculiarities of the understanding of the concept of human freedom in Ukrainian philosophical thought, which is manifested by comparing it with the theoretical heritage of world philosophy, with the spiritual and philosophical experience of the past. The ideological kinship of the concepts of freedom of Aurelius Augustine and Hryhorii Skovoroda is obvious. (shrink)