In this age of DNA computers and artificial intelligence, information is becoming disembodied even as the "bodies" that once carried it vanish into virtuality. While some marvel at these changes, envisioning consciousness downloaded into a computer or humans "beamed" _Star Trek_-style, others view them with horror, seeing monsters brooding in the machines. In _How We Became Posthuman,_ N. Katherine Hayles separates hype from fact, investigating the fate of embodiment in an information age. Hayles relates three interwoven stories: how information lost (...) its body, that is, how it came to be conceptualized as an entity separate from the material forms that carry it; the cultural and technological construction of the cyborg; and the dismantling of the liberal humanist "subject" in cybernetic discourse, along with the emergence of the "posthuman." Ranging widely across the history of technology, cultural studies, and literary criticism, Hayles shows what had to be erased, forgotten, and elided to conceive of information as a disembodied entity. Thus she moves from the post-World War II Macy Conferences on cybernetics to the 1952 novel _Limbo_ by cybernetics aficionado Bernard Wolfe; from the concept of self-making to Philip K. Dick's literary explorations of hallucination and reality; and from artificial life to postmodern novels exploring the implications of seeing humans as cybernetic systems. Although becoming posthuman can be nightmarish, Hayles shows how it can also be liberating. From the birth of cybernetics to artificial life, _How We Became Posthuman_ provides an indispensable account of how we arrived in our virtual age, and of where we might go from here. (shrink)

his book develops an account of legal reasoning based on underlying narrative patterns, and compares other such approaches in legal philosophy, psychology and history. Download full ToC and Preface from http://www.legaltheory.demon.co.uk/books_lfnc.html.

After a section of Methodological Preliminaries, I consider Truth and Argumentation in the Jewish Legal Tradition, under the following subheadings: Truth in Judaism, Truth and Norms, Truth and Language, Truth and Logic, Truth and Argumentation. I thus use an external framework in order to pose questions to the Jewish legal tradition, and identify internal resources which may provide partial answers to these questions. But are these partial answers so peculiar, theological, culturally contingent as to lack any value in terms of (...) a potential contribution to these same issues as posed within Western jurisprudence? This may be doubted, given the West’s adoption or construction of the divine right of kings on the one hand and of holistic theories of interpretation on the other, derived from the Bible and later Jewish tradition, mediated and fortified through a Christianised Rome. (shrink)

[Open access] In this book symposium the author takes up questions from phenomenology, hermeneutics, ethical theory, and intellectual history raised by a group of scholarly interlocutors from a range of backgrounds. In the course of engaging with these issues, he discusses, inter alia, McDowell’s realism, Jonathon Lear’s work on the end of a world, Michael Oakeshott’s view of selfhood, Heidegger’s conception of Jemeinigkeit, Uexküll’s notion of Umwelt, and Gadamer’s hermeneutic conception of truth.

Originally written in 1990, this reviews largely late 20th century debates on the study of law as Logic, Discourse, or Experience; the Unity of the Legal System and the Problem of Reference; Semiotic Presuppositions of Traditional Jurisprudence (Austin, Hart, Kelsen, Dworkin, Legal Realisms); then turns to legal philosophies explicitly Employing Forms of Semiotics (Kalinowski, the Italian Analytical School, Rhetorical and Pragmatic Approaches, Sociological and Socio-Linguistic Approaches, Peircian Legal Semiotics, Greimasian Legal Semiotics and Aesthetic/Symbolic Approaches). A major section then offers (from (...) a largely Greimasian point of view) some hypotheses for legal semiotics on the Problem of Reference, Semantic and Pragmatic Levels, Semiotic Groups and “The Legal Culture”, Normativity and Justification, and finally considers the implications for particular legal phenomena: the “Legal System”, Legal Institutions, Legal Codes, Legal Rules, Rights, Courtroom Behaviour: Witness and Counsel, The Judge: Justification of Decisions on Law, and the Criminal Justice Process. A conclusion addresses the status of legal semiotics. (shrink)

La mondialisation économique, le cosmopolitisme et le multiculturalisme qui caractérisent de plus en plus les sociétés modernes remettent en cause les allégeances nationales traditionnelles. Reste à savoir si c'est un bien ou non, s'il faut accélérer le pas ou non. Les arguments en faveur d'une ouverture décidée sont forts et nombreux, mais, para-doxalement, il apparaît qu'elle n'est pas sans danger pour l'autonomie des personnes. Entre le particularisme et l'universalisme, une troisième voie est souhaitable.

Despite their obvious importance to social and political life, custom and customary law have largely escaped philosophical scrutiny. There are important recent philosophical analyses of convention, but none of custom. And customary law has been recently neglected by the dominant legal positivism. One reason for the neglect of custom is the familiar dichotomy between nature and convention. Social practices are said to be either by nature, and therefore assumed to be unalterable, or they are said to be by convention, and (...) therefore assumed to be created at will. But customs arise neither simply from nature nor from deliberate stipulation, so they are excluded by the familiar opposition of nature and convention. Custom is a notoriously vague concept: custom seems both to be natural and conventional. I attempt to show how custom bridges human nature and social norms. I argue that custom must be analyzed into two more logically basic concepts: habit and convention. Custom is a habitual convention and a conventional habit. I discuss habit and convention in relation to contemporary psychology and analytic philosophy. Habit roots custom in the physiology of human nature while convention links custom to social norms. Aristotle pioneered this approach to custom by using two words to describe what we call custom: ethos and nomos. Ethos focuses our attention on the habitual dimension of custom while nomos focuses our attention on the conventional dimension of custom. I argue that the function of law is to remedy the deficiencies of custom: law is custom’s instrument for shaping its own evolution. (shrink)

Context: The field of psychology consists of many specialist domains of activity, which lack shared foundations. This means that the field as a whole lacks conceptual coherence. Problem: The aim of the article is to show how second-order cybernetics can provide both foundations and a unifying conceptual framework for psychology. Method: The field of psychology is overviewed. There is then a demonstration of how cybernetics can provide both foundations and a unifying conceptual framework. This entails defining some key cybernetics concepts (...) and showing how they have already permeated the field, largely implicitly, and showing how, when made explicit, they can unify the field. Results: I show how concepts from second-order cybernetics can unify “process” and “person” approaches within psychology and can also unify individual psychology and social psychology, a unification that also builds conceptual bridges with sociology. Implications: The results are of value for bringing order to an otherwise inchoate field. They afford better communication between those working in the field, which is likely to give rise to new research questions and more effective ways of tackling them. Constructivist content: Central to the article is a reliance on concepts taken from the constructivist perspective of second-order cybernetics. (shrink)

The self as the identification of the self with itself is a product of the dynamic transformation of European culture beginning in the Renaissance. The self, or absolute ego, was an outgrowth of the consciously rationalist spirit. However, modernity's Faustian drive was conscious paradoxically without being self conscious of itself or its cultural creations. Modernism deconstructed the values and assumptions of modernity. A casualty was the problematization of the self that had been banished and/or erased by formalism, structuralism and deconstruction. (...) The modernist self erases the absolute ego reconstructing it with a rich, complex, narrative idea of a self‐conscious relational self encompassing memory, repression, autobiography and history. This paper explores the modernist conception of self in Marcel Proust's In Search of Lost Time. Proust demolishes the absolute ego in favor of the paradoxical self which knows itself only in relation to otherness actualized in persons and culture in the sacred time of existence. (shrink)

The Marxian Legacy, first published in 1977 and released in a second edition in 1988, was and remains distinct in its view of Marxian theory as 'critique, ' aware of its own origins and limitations and self-conscious about its own historical rootedness in changing social and political conditions. This new and fully revised third edition retains the original synthesis of the divergent traditions of German, critical, and French Marxisms into a living Marxian legacy that changes and reconceptualizes itself, while also (...) providing a new critical introduction and concluding chapter. Such a re-evaluation of the Marxian legacy, which was urgent in the 1970s when the United States was caught up in imperial wars and domestic as well as racial conflict, remains relevant today when—as was the case nearly half a century ago—Marx’s legacy has largely been forgotten and yet remains as a symbol of radical thinking that could inspire the new movements. The Marxian Legacy, 3rd Edition retains the freshness of discovery from those times while fully updating the text for our contemporary moment, and adding two features: a philosophical closure; and, a perspective on what was possible then, and what remains to be done today. (shrink)

This paper explores the paradox of the Frankfurt School's Critical Theory where the notion of "critical theory" became identified with aesthetics and asks whether the disappearance of the political dimension of critical theory was necessary.This disappearance of the political also presents some uncomfortable affinities between it and postmodernism. But in the more sober world after 1989, post-communism poses more relevant questions than post-modernism for an assessment of the history of the Frankfurt School.The political project of the old Frankfurt School has (...) to be revivified - or at least given a decent burial. (shrink)

A unique collection of essays by Australia's foremost art historian, this volume explores the problems involved in defining and describing a visual aesthetic suited to a modern democratic society. Smith sets these problems in their Australian as well as their universal contexts, probing into such areas as community art, art and elitism, Aboriginal art, art and urban society, art in a multi-cultural society, art and abstraction, art and Marxism, and art and modernism.

As a survey included in an issue devoted to W.V. Quine this article contains a list of sixteen distinctively Quinean theses and a brief discussion of the influence of several of them on contemporary philosophy. In particular, I mention how Quine's views have had a profound influence on contemporary discussions of the nature of logic, the theory of meaning and on realism. Many who explicitly reject some of his more controversial doctrines may not have worked out the interconnections of theses (...) on the list and so can still be said to do philosophy in the manner of, or "after," Quine. (shrink)