Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitiutional democracy, and is one of the most important studies of colonialism written in the nineteenth century. Of the four essays collected in this voloume, three have been edited directly from the original manuscript sources. The only essay to have appeared in print, `Observations on the Restrictive and Prohibitory Commercial System', is generally regarded as an early classic statement of the beneficial (...) effects of freedom of trade. In the these pioneering essays written in 1820-2, Bentham provided a penetrating critique of colonialism from within the liberal utilitarian tradition. Applying his general principles to the case of Spain and Spanish America, he argued that any attempt by Spain to maintain dominion over her Empire, or even to maintain a claim to the dominion was fundamentally misguided. Colonies were not a source of wealth to the colonizing country, but rather led to the imposition of increased taxation. Moreover, the existence of colonies increased the amount of patronage at the disposal of Spain's rulers, and thus would facilitate the corruption of the members of the new legislative assembly and eventually lead to the restoration of the ancient despotism. Colonies were not only wasteful and expensive, but posed a threat to constitutional government itself. The should therefore be granted unconditional independence, as a prererequisite to the establishment of unrestricted commercial relations, which would produce mutual benefit to both Spain and Spanish Amarica. (shrink)

The first two volumes of the collection are devoted primarily to analytical legal theory--in particular, theories about the nature of law. This is the idea of legal philosophy most familiar to jurisprudential students in the English-speaking world, and many of the civil-law countries. The last two volumes sample schools and theorists who mostly come from outside the analytical tradition, and who are, in one sense or another, critical theorists--theorists more interested in offering systematic critiques of law or general prescriptions. The (...) four volumes of the collection are divided into six parts. Part one brings together key work on the methodology of analytical philosophy and Part two collects the most important scholarship on forms of legal positivism, including material in the Austin-Hart tradition, 'inclusive vs. exclusive legal positivism' and Kelsenian legal positivism. Part three ('Critics of Legal Positivism') gathers material in the natural-law tradition; the work and influence of Lon Fuller and Ronald Dworkin are also fully explored here. Parts four to six are an assembly of the best and most important thinking by and about normative and critical theorists working outside the analytical tradition. Part four gathers material under the rubric of legal realism, exploring both the American and Scandinavian schools as well as their predecessors. Part five examines one of the most influential movements in modern legal theory and legal practice: known as 'law and economics' or the 'economic analysis of law', this approach has come to dominate American scholarship, and its role is growing in other countries too. Finally, part six makes available key research on a variety of critical theories of law that have grown up around systematic critiques of Western legal systems. Included here is work by the American legal realists, as well as work by feminists and scholars pursuing critical race theory. The intersection of law and literature is also examined, as are other approaches to law and legal theory: Habermas's 'proceduralist paradigm'; the concept of 'autopoiesis'; and the work of Rorty and Fish. This Routledge Major Work illustrates the many ways in which philosophical methods and theories have been used to explore aspects of law and legal practice, and with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Philosophy of Law is an essential collection destined to be valued by scholars and students as a vital research resource."--Publisher's website. (shrink)

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

Revisiting Dawkin’s proposal of memes – a piece of thought copied from person to person – raises the question: can narrative, and by extension narratology, be utilized to explore the ‘infecting’, or transferring agent of cultural ideas, identity and the creation of self? Intriguingly, and perhaps even more relevant to the role of emergent models and the shifting divide between engineered and organic constructions, what role does media play in the fabrication of self? This article proposes to examine various attempts (...) to define modes of being using the formative and delimiting lens of narrative. It will investigate the role of media as the carrier agent for memetic modes of being, and their application in creating and sustaining cultural individuation. Jung’s declarative of the collective unconscious and archetypes, as well as Hofstadter’s loops, a common, but neglected field of enquiry that interrogates how memetic transference begins with the stories we tell, will inform the exploration of narrative as a means to define, delineate and bound the self. (shrink)

This article examines the social development of Hong Kong's cultural and national identity since its return from the UK to the People's Republic of China nearly six years ago, focusing on the extent to which Hong Kong students are now inculcated in traditional Chinese music and express their devotion to the PRC through singing the national anthem. Hong Kong music teachers experience conflicts concerning their roles as music teachers and as purveyors of values education. These observations raise fundamental questions concerning (...) the sociopolitical function of values education in the music classroom. (shrink)

Skeptical theism is a popular - if not universally theistically endorsed - response to the evidential problem of evil. Skeptical theists question how we can be in a position to know God lacks God-justifying reason to allow the evils we observe. In this paper I examine a criticism of skeptical theism: that the skeptical theists skepticism re divine reasons entails that, similarly, we cannot know God lacks God-justifying reason to deceive us about the external world and the past. This in (...) turn seems to supply us with a defeater for all our beliefs regarding the external world and past? Critics argue that either the skeptical theist abandon their skeptical theism, thereby resurrecting the evidential argument from evil, or else they must embrace seemingly absurd skeptical consequences, including skepticism about the external world and past. I look at various skeptical theist responses to this critique and find them all wanting. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“More or Less Raped”:Foucault, Causality, and Feminist Critiques of Sexual ViolenceKelly H. BallI say “freedom of sexual choice” and not “freedom of sexual acts” because there are sexual acts like rape which should not be permitted.… I don’t think we should have as our objective some sort of absolute freedom or total liberty of sexual action.—Michel Foucault, Ethics, Subjectivity, and TruthCausality in the subject, the unconscious of the subject, (...) the truth of the subject in the other who knows, the knowledge he holds unbeknown to him, all this found an opportunity to deploy itself in the discourse of sex.—Michel Foucault, The History of Sexuality, Volume I: An IntroductionMost Feminist Readers Of Foucault are familiar with the case of the “simple farmhand,” Charles Jouy, whom Foucault briefly mentions in The History of Sexuality, Volume I (henceforth Sexuality One). The case of Charles Jouy and [End Page 52 ] Sophie Adam (the relatively unknown name of the “little girl” from whom Jouy “obtained a few caresses”) is instructive for Foucault, as it illustrates both the epistemic shifts and changing technologies of power—specifically the emergence of sexuality—during the late nineteenth century (Foucault 1990, 31). By the time Foucault published Sexuality One in 1976 (translated and published in English in 1978), he had already spent considerable time analyzing the Jouy-Adam case. In his 1974-75 lectures at the College de France, Les Anormaux, Foucault delivered an extended analysis of the case resulting from archival research he undertook at the Bibliotheque Nationale de France. The infamously brief 1978 appearance of the case in Sexuality One, then, is only a distilled version of the case that references Foucault’s earlier argument in Les Anormaux about the expansion of sexuality as a productive technology of power-knowledge-pleasure. 1Much of the feminist response to Foucault’s use of the Jouy-Adam case in Sexuality One is bound up with obstacles of time and translation. While Sexuality One was published in English in 1978, Foucault’s 1974–75 lectures, Les Anormaux, were not published in French until 1999, and the English translation, Abnormal, only appeared in 2003. Clearly, this translation and publishing timeline complicates the reception of Foucault’s thinking about the production and regulation of sexuality for many American readers. The relatively late appearance of Abnormal has limited Anglophone feminist theorists’ ability to engage Foucault’s theories about sexuality and violence more extensively.With few exceptions, feminists have been overwhelmingly critical of what they view as Foucault’s reductive presentation of the Jouy-Adam case and his blindness to sexual violence in Sexuality One. 2 Linda Martín Alcoff’s 1996 essay “Dangerous Pleasures: The Politics of Pedophilia” is representative of this trend. The feminist concerns Alcoff raises regarding Foucault and the Jouy-Adam case both precede her essay and persist in more recent feminist analyses. Still, the essay remains symptomatic of how feminist theorists have responded generally to Foucault’s comments on sexual violence and specifically to his comments regarding the desexualization of rape. 3 Alcoff buttresses her critique of Foucault’s presentation of the Jouy-Adam case in Sexuality One by referring to his comments on children, sexual violence, and pedophilia in a transcript of a collective interview with Jean Danet and Guy Hocquenghem, “Sexual Morality and the Law” (Alcoff 1996, 102-106). 4 Her critique in “Dangerous Pleasures” centers on preserving a feminist capacity to determine what counts as violence and make judgments accordingly. The fact that this discussion has endured for more than thirty years (beginning with Monique Plaza’s 1981 response to Sexuality One) speaks to the persistence of sexual violence against women and children as a feminist concern. 5 That concern is somewhat at odds with Foucault’s conception of sexuality as a productive mode of modern biopower. [End Page 53]Reading athwart Alcoff and the feminist tradition she represents, I argue here that the practice of making judgments about sexual violence relies upon a concept of causality that is an extension of the modern framework of power-knowledge-pleasure. I do so by focusing on Foucault’s more detailed account of the Jouy-Adam case In Abnormal. Indeed, reading... (shrink)

The ArgumentIn this paper I argue first that Marx's Critique of Political Economy employs “critique” in the Kantian meaning of the term—i.e., determining the domain of legitimate application of the categories involved and maintaining that outside these borders understanding is led into error and entangled in metaphysics.According to Marx, his predecessors in political economy transgressed these boundaries of application, and therefore conceived of all different modes of production as being essentially similar to commodity production, and thus implied that (...) commodity production and the bourgeois form of life corresponding to it are “natural” not historical and transitory. In Marx's conception there are no super-historical economic categories or laws.I argue moreover that Marx's methodology of reconstructing the “development” of socioeconomic entities and categories from their “germ” or “cell” also serves his critical intention. Whereas social theorists of the time referred with organic metaphors to human collectives, Marx referred with such metaphors to economic entities only. The difference is crucial, since the first carries deterministic consequences for the development of society while the latter does not: Social form and historical development in Marx are contingent and not necessary, historical and not natural, transitory and not eternal.I also stress that Marx's procedure of critique is internal. He uses only such assumptions, observations, and arguments as could in principle also be used by the scholars criticized. Nevertheless the outcome of the critique is not merely a new theory but an entirely different one — i.e., a historical conception of the discipline of political economy and of its laws. (shrink)

In a secular society, does Christmas mean anything anymore? As we stuff ourselves with plumped-up turkeys, unwrap the latest useless gadget, and gather round the family tree, what real relevance does the festive season have and why do we perpetuate it? The Philosophy of Christmas is designed to be a fun book but one underpinned by an exploration of serious philosophical issues. The way we celebrate Christmas says a lot about the way we relate to each other, our society and (...) values. For instance, did you know that Santa's outfit is only red and white because those are the colours of the Coca Cola company? Already a bestselling author, Stephen Law takes a look at such things as the virgin birth (David Hume's theories on miracles), Bertrand Russell's turkey, the existential angst of Santa, and peace on earth to produce a humourous, varied and thought-provoking collection. (shrink)

This paper is a review essay of two collections of essays focused on the work of Alasdair MacIntyre. The review focuses on three core themes. First, it discusses those papers that explore the central role that the relationship between practices and institutions plays in MacIntyre’s critique of modernity. Second, it turns to those papers that examine the foundational role that human needs play in MacIntyre’s ethics. Third, it places in dialogue those papers that defend MacIntyre’s politics as a form (...) of ‘revolutionary Aristotelianism’ with those that contest the soundness of this categorization. (shrink)

Why are we still intrigued by Nietzsche? This chapter argues that sustained interest stems from Nietzsche’s challenge to what we might call the ‘staticism’ inherent in our ordinary experience. Staticism can be defined, roughly speaking, as the view that the world is a collection of enduring, re-identifiable objects that change only very gradually and according to determinate laws. The chapter discusses Nietzsche’s rejection of remnants of staticism in Hegel and Schopenhauer (1). It outlines why Nietzsche deems belief in any variant (...) of the staticist picture as problematic (2); and examines his adualistic-dialetheic stance towards, for example, first-person and third-person descriptions in the philosophy of mind (3). The chapter closes with a discussion of the contributions of "Nietzsche on Time and History". (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

To understand the distinctive characteristics of the institutions of law, one needs to understand the idea of law. Understanding the nature of law is not ultimately a matter of achieving a careful description of social practices but a matter of grasping the idea towards which those practices must be understood as oriented. The idea of law is the focal point that enables us to make coherent sense of the otherwise diverse features of practice, but it is not itself a matter (...) of observable practice. It resembles a notional point in space that enables us to grasp the relationship between various parts of a complex drawing, although in itself it forms no part of the drawing. But how is such an idea to be investigated? We expect a clear understanding of the idea of law to explain our settled understandings about what will and will not count as an instance of legal ordering. We expect it, in other words, to explain some at least of the minimum conditions for applicability of the idea. But, since the idea of law is invoked within the practices of law, we also expect a philosophical understanding of that idea to clarify its role in guiding and orienting practice, and not simply in describing practice. Although the practices of law are oriented towards the idea of law, that idea is not straightforwardly available to be read in the surface appearance of the practices. For such practices, while involving systematic appeal to the idea of law, operate for the most part on the basis of that unreflective conformity that assists the stable functioning of most human institutions. Can we begin by identifying a "minimum specification" of the concept of law, in the form of a set of conditions without which nothing could count as law at all? From such a minimum specification, can we proceed in some orderly and intellectually defensible way towards "later phases" of the concept, with their "qualitative changes as well as additions and complications"? The possibility is worth exploring, however unfashionable may be the philosophical viewpoint from which it springs. Fuller's famous story of Rex, and his failed attempts to enact law, identifies the minimum conditions that something must satisfy in order to count as an instance of law. Fuller's theory becomes interesting when he proceeds to demonstrate that the eight desiderata (identified as minimum conditions), when taken collectively, be regarded as a guiding ideal for legal thought: the ideal that we usually label "the rule of law". Fuller claimed that his eight requirements represent an "inner morality of law". Hart's critique of Fuller appeared to suggest that the moral value of compliance with the eight requirements is wholly contingent upon the law's content, and that the eight requirements are more akin to precepts of efficiency than to moral standards. This criticism has been widely endorsed as correct. In fact, the criticism is not correct. The eight requirements are not principles of efficacy, but (when taken together) represent a moral ideal for legal systems. Fuller never really succeeded in giving a clear explanation of the moral status of his eight requirements. I argue that Fuller's eight desiderata represent an intrinsically moral ideal that we may call "freedom as independence from the power of another". This is the aspect of freedom that distinguishes the slave from the free man. My theory seeks to establish the existence of a very tight and necessary connection between law and morality. Positivists will find it impossible to deny that governance by law involves some degree of compliance with Fuller's eight requirements, and that such compliance necessarily involves the realisation of some degree of freedom as independence. If they are tempted to deny that freedom as independence is a distinct aspect of freedom, they must also argue that connections between slavery and the lack of freedom are purely contingent. If they accept that the lack of freedom as independece is what makes a slave a slave, but they deny that freedom as indepenence is a moral value, they must say that there is nothing intrinsically morally wrong with slavery: the moral wrongness of slavery would then have to be seen as stemming from purely contingent features of the slave's position. The value of freedom as independence may be thin. But it is real, it is genuinely valuable, and it is tightly connected to the existence of law. (shrink)

Etymologically, autonomy is the ability to give oneself rules and follow them. It is an important principle of medical ethics, which can sometimes raise some tensions in the care relationship. We propose a new definition of ethics, the ethics of heteronomy: a self-normative, discursive and responsible autonomy. Autonomy cannot be considered without the responsibility each person must have towards others. In the care relationship, autonomy would be more the ability of each person to reach out to others than the ability (...) to decide alone. The care relationship must be seen as an accompaniment of equals where each person allows the other to be rephrased. Autonomy would then no longer be absolute but relative to each situation. Being autonomous would become an ability for adaptation of the patient-doctor pair. The accompaniment allows the birth of a relationship of trust, giving the patient and the doctor the ability to touch and let themselves be touched, thus making each one progress in this reciprocal dialectic. The care relationship becomes the possibility of considering autonomy as a collective and not as an individual notion only. Paradoxically, by promoting the autonomy of the patient-doctor pair, they both develop their own autonomy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 447-448 [Access article in PDF] Brigitte Sassen, translator and editor. Kant's Early Critics: The Empiricist Critique of the Theoretical Philosophy. New York: Cambridge University Press, 2000. Pp. ix + 331. Cloth, $54.95. Brigitte Sassen has translated and edited an extremely useful collection of texts dating from the years 1782 to 1789. Most of the texts were written by Kant's empirically (...) minded critics, but a few are the work of defenders of the Critical philosophy. Although some have been translated before—e.g., the notorious Feder/Garve review of the first Critique that prompted Kant's vitriolic response in the Prolegomena, the original Garve review that served as the basis of the Feder/Garve review, and Jacobi's critique of Kant's transcendental idealism—the entire anthology is the first ever to be devoted exclusively to English translations of some of the first reactions to and defenses of Kant's theoretical philosophy. All of this makes for an exciting event in Kant studies.Sassen identifies three major trends in Kant criticism that began in 1782. The first is the empiricist reaction to Kant's theoretical writings. Sassen considers the year 1789 the endpoint of this trend, since critical attention, she argues, shifted around that time to the rationalist reaction to Kant's writings. The initial wave of rationalist criticism, which constitutes the second trend, lasted until 1793. The third and final trend, she says, is the more forward-looking one that eventually blossomed into the systems of post-Kantian thought.Given such a wealth of material, Sassen has focused on Kant's empiricist critics, choosing the writers and topics most representative of the overall empiricist critique of the 1780s. The selections are divided into five sections. The first consists of the Feder/Garve and Garve reviews (from 1782 and 1783, respectively). Since these were the very first reviews of the Critique of Pure Reason, they helped to formulate many of the classic objections to it. For example, not only does the standard charge of Berkeleyan idealism originate in these reviews, but Feder and Garve also express concerns about Kant's ability to distinguish between reality and illusion if nothing in sensation itself determines the understanding to combine sensations in one way as opposed to another. The second section contains discussions of the Transcendental Aesthetic, including an early version of the "neglected alternative" charge more famously made by Trendelenburg in the nineteenth century. Hermann Andreas Pistorius, one of the most sophisticated of Kant's empiricist critics, argues that Kant has not ruled out the possibility that space and time are both forms of sensibility and properties of things in themselves. The third section (especially Jacobi's famous critique) explores the relationship between appearances and things in themselves, the problem of affection, and other topics touching on the very nature of Kant's idealism. The fourth section deals with various issues involving the table of categories. For example, Kant's critics had doubts about its completeness, and they were also puzzled as to how a priori concepts could be applied to ordinary experience. The fifth and final section looks at the contrast between empiricism and purism, that is, the overall adequacy of empiricist and Kantian approaches to issues in metaphysics and epistemology. Here we find Pistorius once again writing thoughtfully about the Critical philosophy, this time in response to Carl Christian [End Page 447] Erhard Schmid, the author of a dictionary for the "easier use" of Kant's writings that went through several editions in the late 1780s and 1790s.This brief sketch of Sassen's book gives only an inadequate idea of its richness and usefulness. Her introduction, which is thorough and informative, patiently sorts out the various players in the debates of the 1780s, outlines their arguments with Kant and one another, and even describes the nature of periodical publication in late eighteenth-century Germany. The editorial apparatus includes short biographies of the participants in the debates as well as the other authors mentioned throughout the book... (shrink)

Jacques Derrida offers his recent commentary on the early career of Paul de Man as an urgent intervention in a discussion he fears is going awry. The most pressing danger he sees in the recent revelations is that they have played into the hands of de Man’s antagonists, who are now ready to denounce the whole of his career and even deconstruction itself. Against such indiscriminate critiques Derrida hurls the epithet: totalitarian. He is attempting to reseize the initiative in the (...) discussion and to reset the terms of the debate. His agenda extends across historical, theoretical, and political questions.He wants to affirm that a radical, indeed absolute break separates the later from the earlier de Man. He also wants to show that the young de man, however firmly committed to fascist ideology and however much an accomplice of the Nazis occupying Belgium, at the same time regularly distanced himself from that ideology and even undermined its meanings. Moreover, Derrida boldly takes up the challenge that these revelations have cast on the intellectual movement he and de Man have shaped. Can deconstruction come to grips with the political and intellectual history of its own leading American proponent? And can deconstruction in the process make a distinctive contribution to the understanding of fascism and intellectuals’ participation in it? John Brenkman is associate professor of English at Northwestern University. He is the author of Culture and Domination . Jules David Law is assistant professor of English at Northwestern University. He is currently working on a book-length study of the metaphors of surface, depth, and reflection in eighteenth- and nineteenth-century British prose. (shrink)

Sheldon S, Lord J. Guest editorial: Care not criminalisation; reform of British abortion law is ….

_One of the enduring queries in the development of human intellectual thought is, "What is human nature?" What does it mean to be a human tends to be defined by all disciplines, including religion? We all need theories about what makes people tick in order to predict how they will respond to their environment in various situations. Indeed, how we view human nature affects a number of things. People utilize it in their private lives to govern their daily routines, manage (...) their relationships, raise their children, and influence others. Additionally, our policies in areas of collective social life like politics, law, and education are influenced by how we view human nature. Steven Pinker critically explains the modern view of human nature and its theoretical presuppositions in his widely read book The Blank Slate: The Modern Denial of Human Nature. Pinker contends that this contemporary account of human nature faces significant challenges in light of recent developments in the fields of biology, genetics, evolution, and the brain sciences. Because it is built on axioms that we cannot accept in light of the advancements in science over the past few decades, the current theory of human nature is conceptually unsound. This research performs a comparative analysis between Pinker’s View of Human Nature and Dupré’s Critique of Evolutionary Psychology on the principles which serve as the foundation for the influential idea of human nature, and contributes significantly in our contemporary intellectual life._. (shrink)

This is a first attempt at consolidating and extending the lists of biographies of historians of science compiled by George Sarton, Aldo Mieli and François Russo. In doing so, a systematic examination has been made of the Dictionary of scientific biography, and of the relevant parts of the Isis cumulative bibliography and Kenneth May's Bibliography and research manual of the history of mathematics. Material for a supplement is being collected. Readers are invited to send additional material along with their comments.

Written between 1857 and 1858, the Grundrisse is the first draft of Marx’s critique of political economy and, thus, also the initial preparatory work on Capital. Despite its editorial vicissitudes and late publication, Grundrisse contains numerous reflections on matters that Marx did not develop elsewhere in his oeuvre and is therefore extremely important for an overall interpretation of his thought. In this collection, various international experts in the field, analysing the Grundrisse on the 150th anniversary of its composition, (...) present a Marx in many ways radically different from the one who figures in the dominant currents of twentieth-century Marxism. The book demonstrates the relevance of the Grundrisse to an understanding of Capital and of Marx’s theoretical project as a whole, which, as is well known, remained uncompleted. It also highlights the continuing explanatory power of Marxian categories for contemporary society and its present contradictions. With contributions from such scholars as Eric Hobsbawm and Terrell Carver, and covering subject areas such as political economy, philosophy and Marxism, this book is likely to become required reading for serious scholars of Marx across the world. (shrink)

PurposeThis paper aims to investigate algorithmic governmentality – as proposed by Antoinette Rouvroy – specifically in relation to law. It seeks to show how algorithmic profiling can be particularly attractive for those in legal practice, given restraints on time and resources. It deviates from Rouvroy in two ways. First, it argues that algorithmic governmentality does not contrast with neoliberal modes of government in that it allows indirect rule through economic calculations. Second, it argues that critique of such systems is (...) possible, especially if the creative nature of law can be harnessed effectively.Design/methodology/approachThis is a conceptual paper, with a theory-based approach, that is intended to explore relevant issues related to algorithmic governmentality as a basis for future empirical research. It builds on governmentality and socio-legal studies, as well as research on algorithmic practices and some documentary analysis of reports and public-facing marketing of relevant technologies.FindingsThis paper provides insights on how algorithmic knowledge is collected, constructed and applied in different situations. It provides examples of how algorithms are currently used and how trends are developing. It demonstrates how such uses can be informed by socio-political and economic rationalities.Research limitations/implicationsFurther empirical research is required to test the theoretical findings.Originality/valueThis paper takes up Rouvroy’s question of whether we are at the end of critique and seeks to identify where such critique can be made possible. It also highlights the importance of acknowledging the role of political rationalities in informing the activity of algorithmic assemblages. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how they (...) would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 447-448 [Access article in PDF] Brigitte Sassen, translator and editor. Kant's Early Critics: The Empiricist Critique of the Theoretical Philosophy. New York: Cambridge University Press, 2000. Pp. ix + 331. Cloth, $54.95. Brigitte Sassen has translated and edited an extremely useful collection of texts dating from the years 1782 to 1789. Most of the texts were written by Kant's empirically (...) minded critics, but a few are the work of defenders of the Critical philosophy. Although some have been translated before—e.g., the notorious Feder/Garve review of the first Critique that prompted Kant's vitriolic response in the Prolegomena, the original Garve review that served as the basis of the Feder/Garve review, and Jacobi's critique of Kant's transcendental idealism—the entire anthology is the first ever to be devoted exclusively to English translations of some of the first reactions to and defenses of Kant's theoretical philosophy. All of this makes for an exciting event in Kant studies.Sassen identifies three major trends in Kant criticism that began in 1782. The first is the empiricist reaction to Kant's theoretical writings. Sassen considers the year 1789 the endpoint of this trend, since critical attention, she argues, shifted around that time to the rationalist reaction to Kant's writings. The initial wave of rationalist criticism, which constitutes the second trend, lasted until 1793. The third and final trend, she says, is the more forward-looking one that eventually blossomed into the systems of post-Kantian thought.Given such a wealth of material, Sassen has focused on Kant's empiricist critics, choosing the writers and topics most representative of the overall empiricist critique of the 1780s. The selections are divided into five sections. The first consists of the Feder/Garve and Garve reviews (from 1782 and 1783, respectively). Since these were the very first reviews of the Critique of Pure Reason, they helped to formulate many of the classic objections to it. For example, not only does the standard charge of Berkeleyan idealism originate in these reviews, but Feder and Garve also express concerns about Kant's ability to distinguish between reality and illusion if nothing in sensation itself determines the understanding to combine sensations in one way as opposed to another. The second section contains discussions of the Transcendental Aesthetic, including an early version of the "neglected alternative" charge more famously made by Trendelenburg in the nineteenth century. Hermann Andreas Pistorius, one of the most sophisticated of Kant's empiricist critics, argues that Kant has not ruled out the possibility that space and time are both forms of sensibility and properties of things in themselves. The third section (especially Jacobi's famous critique) explores the relationship between appearances and things in themselves, the problem of affection, and other topics touching on the very nature of Kant's idealism. The fourth section deals with various issues involving the table of categories. For example, Kant's critics had doubts about its completeness, and they were also puzzled as to how a priori concepts could be applied to ordinary experience. The fifth and final section looks at the contrast between empiricism and purism, that is, the overall adequacy of empiricist and Kantian approaches to issues in metaphysics and epistemology. Here we find Pistorius once again writing thoughtfully about the Critical philosophy, this time in response to Carl Christian [End Page 447] Erhard Schmid, the author of a dictionary for the "easier use" of Kant's writings that went through several editions in the late 1780s and 1790s.This brief sketch of Sassen's book gives only an inadequate idea of its richness and usefulness. Her introduction, which is thorough and informative, patiently sorts out the various players in the debates of the 1780s, outlines their arguments with Kant and one another, and even describes the nature of periodical publication in late eighteenth-century Germany. The editorial apparatus includes short biographies of the participants in the debates as well as the other authors mentioned throughout the book... (shrink)

Introducing a special issue of a journal is a difficult, but pleasurable task for any editor. One must chose what to say about the themes of the issue, and how to introduce the papers presented. However, this task becomes still more complex when the special issue in question forms the inaugural issue of a new journal. This is the case here as we find ourselves introducing "Questions in Human Enhancement" as the inaugural issue of Studies in Ethics, Law and Technology. (...) As such, this editorial serves two purposes: first we must introduce the journal itself, exploring our motivations for creating a new, quasi-open access, interdisciplinary publishing forum; and second we must introduce a stunning collection of comments, articles and discussion papers that have been written by a range of eminent scholars from across the globe. (shrink)

Habermas’ theory of popular sovereignty has received comparatively little sustained critical attention in the Anglo-American literature since initial responses to Between Facts and Norms. In light of subsequent work on group agency, this paper argues that Habermas’ reconstruction of popular sovereignty—in its denial of the normative force of collective citizen action—is best understood as a renunciation of the doctrine. The paper is structured in three sections. Section 1 examines Habermas’ treatment of popular sovereignty prior to Between Facts and Norms (...) as both (i) a principle of constitutional legitimacy or normative justification for the modern Rechtsstaat and (ii) a concept of legitimation for the rule of the ascendant liberal bourgeoisie. Section 2 then argues that Habermas’ reconstruction of popular sovereignty in Between Facts and Norms, by discounting the role of collective citizen agency in the justification of the modern constitutional state, empties the doctrine of its core normative content. The final section briefly elaborates on this claim by reference to Habermas’ theory of the public sphere. (shrink)

While John B. Watson articulated the intellectual commitments of behaviorism with clarity and force, wove them into a coherent perspective, gave the perspective a name, and made it a cause, these commitments had adherents before him. To document the origins of behaviorism, this series collects the articles that set the terms of the behaviorist debate, includes the most important pre-Watsonian contributions to objectivism, and reprints the first full text of the new behaviorism. Contents: Functionalism, the Critque of Introspection, and the (...) Nature and Evolution of Consciousness: Theoretical Roots of Early Behaviourism: An Anthology [1842-1914] Robert H. Wozniak (Ed) 360 pp Studies of Animal and Infant Behaviour. the Experimental and Comparative Roots of Early Behaviourism: An Anthology [1840-1911] Robert H. Wozniak (Ed) 412 pp An Introuduction to Comparative Psychology [1894 edition] Conway Lloyd Morgan 628 pp Comparative Physiology of the Brain and Comparative Psychology [1900] Jacques Loeb 342 pp Fundamental Laws of Human Behaviour. Lectures on the foundtions of Any Mental or Social Science [1911] Max F. Meyer 264 pp Behaviour. An Introduction to Comparative Psychology [1914 edition] John B. Watson 482 pp. (shrink)

In this article I analyse the extent to which there has been a shift in the cultural turn in legal scholarship and specifically from visual to what I call material jurisprudence, that is from visual to material ways of knowing law. I do so through an analysis of Desmond Manderson’s edited collection, Law and the Visual: Representations, Technologies, Critique, and Katherine Biber’s monograph, In Crime’s Archive: The Cultural Afterlife of Evidence. Inspired by the material turn in the arts and (...) humanities I apply a material lens as defined by historians of emotions working within this turn to these books. Using this lens, I analyse the extent to which the authors conceptualise and analyse their primary sources in material terms. In so doing it is my intention to encourage scholars of visual jurisprudence to consider the multisensorial nature of law by considering the material as a constitutive part or instead of the visual as has happened elsewhere in the arts, humanities and social sciences, as well as to do so with greater specificity and depth. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a (...) concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

In his collection George extends the critique of liberalism he expounded in Making Men Moral and also goes beyond it to show how contemporary natural law theory provides a superior way of thinking about basic problems of justice and political morality. It is written with the same combination of stylistic elegance and analytical rigour that distinguished his critical work. Not content merely to defend natural law from its cultural despisers, he deftly turns the tables and deploys the idea to (...) mount a stunning attack on regnant liberal beliefs about such issues as abortion, sexuality, and the place of religion in public life. (shrink)

Belgian sociologist Jean-Claude Paye has collected several of his recent essays about the suspension of the rule of law, the emergence of a permanent state of exception, abuses of authority, and the generalized condition of restriction of freedom in Western societies since 9/11 in a single volume, La fin de l'état de droit,1 now translated, updated, and published by Telos Press under the title Global War on Liberty. Paye's essays over the past five to six years have positioned him as (...) one of the leading critical voices of the post-9/11 era. His critique of the so-called democratic state—from the United…. (shrink)

The paper completes a trilogy of papers, under the title: “A Quasi-Personal Alternative to Some Anglo-American Pluralist Models of Organisations: Towards an Analysis of Corporate Self-Governance for Virtuous Organisations”. The first two papers of the three are published in Philosophy of Management, Volumes 10,3 and 11,2. This last paper argues that three dominant Anglo-American organisational theories which see themselves as “business ethics-friendly,” are less so than they seem. It will be argued they present obstacles to collective corporate moral agency. (...) They are: 1) the dominant “soft pluralist” organisational theory of Bolman and Deal, published in 1984 and more recently expressed in Reframing Organisations: Artistry, Choice, and Leadership, 5th edition, 2013, which is based on “reframing,” and which we will call reframing theory (RT); 2) the Business Ethics deployment of Stakeholder Management Theory (SMT) associated with R. Edward Freeman, and several colleagues, dominant in the same period (1984-); and 3) to a much lesser degree, an adapted version of SMT in the Integrated Social Contract Theory (ISCT) of Donaldson and Dunfee (Ties That Bind, Harvard Business School Press (1999)). This paper suggests a return, from RT, SMT, and ISCT, to an older “participative-structuralist” Neo-Aristotelian virtue-ethics based account, based on an analogy between “natural” persons, and organisations as “artificial” persons, with natural persons seen as “flat” architectonically related sets of capacity in complementary relation, and organisations as even flatter architectonic hierarchies of groups of incumbents in roles. This quasi-personal model preserves the possibility of corporate moral agency and some hierarchical and lateral order between leadership groups and other functional roles in the ethical governance of the whole corporation, as a collective moral agent. The quasi-person model would make possible assigning degrees of responsibility and a more coherent interface of Ethics, Organisational Ethics, and Management Theory; the reconfiguring of the place of business in society; an alternate ethico-political basis for Corporate Social Responsibility; and a rethinking of the design of the business corporate form, within the practice and institutions of business, but embedded in a state as representing the community. (shrink)

A health justice approach requires a progressive critique of expertise. This article considers two recent high-profile cases – the mask mandate and medication abortion -- to understand how we should think the mobilization of expertise in the context of public health law. Following from this, the article offers news ways to better understand how to think of the relationship between health law, expertise, and politics.

(1980). A critique of the laws of moral psychology in Rawls’ a theory of justice. World Futures: Vol. 16, Nationalism in an Interdependent World II, pp. 281-300.

Neuroethics studies the ethical, social, and legal issues raised by actual or expected advances in neuroscience. The relevant fields in neuroscience include, but are not limited to, neuroimaging, cognitive neuroscience, neuropsychopharmacology, neurogenetics, and neuropsychiatry. For many, neuroethics is best understood as a subcategory of bioethics, and although not all agree, for the purposes of the present collection of articles, this definition is assumed. Although bioethics as a field of study started in the early 1970s as a normative enterprise, mainly practiced (...) by philosophers and theologians, it has since become truly inter- and multidisciplinary, comprising also law, sociology, psychology, gender studies, disability studies, anthropology, history, and many other approaches. What we particularly wanted to do in this issue, however, was to find the most pertinent questions of neuroethics from the viewpoint of philosophy, and the call for papers was drafted accordingly.Tuija Takala, Ph.D., is Academy Research Fellow at the Academy of Finland and Adjunct Professor of Social and Moral Philosophy at the University of Helsinki, Finland. She is president-elect of the European Society for Philosophy of Medicine and Health Care and holds a number of international editorial positions. Her current research interests lie in the conceptual, methodological, and theoretical aspects of philosophical bioethics.FootnotesThe editorial work for this special issue was supported by my project Neuroscience and Norms: Ethical and Legal Aspects of Norms in Neuroimaging / Ethical Concepts and Norms funded by the Academy of Finland. (shrink)

이 글은 헤겔의 자연법 비판과 법철학 개요에서 전개된 철학적 법학 그리고 인륜적 국가의 기초를 살펴본다. 먼저 헤겔은 전통적인 자연법사상에서 자연 개념의 이의성(二義性), 자연 상태의 허구성, 자연법의 무비판적 도구화 가능성, 계약론적 사고의 폐해 등을 비판한다. 그리고 이에 대한 대안으로이성법으로 이해된 자연법 개념, 자유의지의 현존으로서의 법 개념 그리고 이 개념의 현실화를 전개하는 철학적 법학을 제시한다. 이 철학적 법학의 정점은 철학적으로 사유된 인륜적 국가라 할수 있다. 인륜적 국가는 자기의식의 본질로서의 자유의 현실, 더구나 모든 개별자들이 자신의 특수한 이해들을 자유롭게 충족시킬수 있는 구체적 자유의 현실이다. (...) 여기서 개인들은 항상 공동체적보편의 관점에서 저마다의 이익을 추구한다. 이렇게 한편으로는인륜적 성품으로, 다른 한편으로는 인륜적 제도들로 형성되는 헤겔의 인륜적 국가는 고대적 인륜성과 근대적 주체성이 매개된 자유의 실현 장소라 할 수 있다. (shrink)

In his important recent book, Aaron James has defended a principle ? Collective Due Care ? for determining when a form of economic integration is morally objectionable because it causes unjustified harm (including unemployment, wage suppression and diminished working conditions). This essay argues that Collective Due Care would yield implausible judgements about trade practices and would be too indeterminate to play the practical role for which it is intended.

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

In the Winter 2017 edition of JLME, Dr. Carson outlined an economic approach to the epidemiology of HIV transmission within the gay community, with a special emphasis on mobile apps. His conclusion is that HIV transmission amongst the gay community constitutes a collective action problem, which is resolved by the social norm of using a condom. This article critiques Dr. Carson's approach from an economic perspective. By utilizing classic law and economic theory, this article will argue that HIV transmission (...) may not, in fact, constitute a collective action problem in economic terms, and that instead condom use as a method of disease protection in theory can arise from purely rational, market driven actions. To do so, it borrows from transactional theory of information asymmetry to show the potential to alert counterparts as to serostatus. This conclusion provides an important supplement to Carson: rather than social norms being the core driver in condom usage to prevent HIV, instead condom use may arise solely as a result of rational, private decision making arising from market signaling. The article then critiques its own findings to demonstrate that it is unclear whether Carson's argument or the argument in this paper is, indeed, correct — which may represent a limitation in the analytical techniques advanced. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering (...) a wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

The article takes critiques of the entanglement of law with violence as a point of departure for exploring the possibility of a ‘tertium of law’. It thereby seeks to overcome the dichotomous basic assumptions that see law as always oscillating between an apology for violence on the one hand, and a utopia of reason on the other. The text analyses the possibility of this ‘tertium’, a ‘legal force’ beyond legal violence and legal reason, in four steps, drawing on the work (...) of Jacques Derrida and authors of the first generation of the Frankfurt School, in particular on Theodor Adorno and Walter Benjamin. It argues that in a first step law needs to be dissociated from the State. The violence of law, however, does not stem solely from law’s ties with State power. Law itself is violent even where it is not State law. The second step of legal critique thus needs to consist in the commemoration of legal violence, followed by a third that demands the transformation of violence to force. These three instances of critique are the precondition for a last and essential step according to which a critique of law must facilitate the transcendence of legal violence by taking law and its promise of justice at its word in order to turn this promise against law itself. (shrink)