This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This deep presence of Foucault’s influence across contemporary theoretical landscapes signals a need for self-reflectiveness that has largely (though not entirely) been missing in contemporary uses of Foucault. While scholarship in a Foucauldian vein is obviously alive and well, scholarship on Foucauldian methodology is not. This paper develops a distinction between two methodological features of Foucault’s work that deserve to be disentangled: I parse the methods (e.g., genealogy, archaeology) and concepts (e.g., discipline, biopower) featured in Foucault’s texts. Following this, I (...) use the terms of this distinction to develop a detailed survey of two quite different contemporary uses of Foucault. My two test cases for comparison are the works of Giorgio Agamben and Ian Hacking, two contemporary theorists who demonstrate a productive engagement with central features of Foucault’s work. (shrink)

The forceful impact of Michel Foucault’s work in the humanities and social sciences is apparent from the sheer abundance of its uses, appropriations, and refigurations. This article calls for greater self-conscious reflexivity about the relationship between our uses of Foucault and the opportunities afforded by his work. We argue for a clearer distinction between analytics and concepts in Foucault-inspired work. In so doing we draw on key moments of methodological self-reflection in Foucault’s Collège de France lectures and elsewhere. This distinction (...) helps identify different ways that Foucault might be put to productive use today as well as what can go wrong therein, a concern we develop with reference to Giorgio Agamben’s post-Foucaultian contributions to political theory. We are eager to open up a possibility that has been infrequently explored despite Foucault’s contemporary influence—-the idea that critique in and through Foucault is empirical critique. This idea can help facilitate a gain in reflexivity in the broader landscapes of contemporary theory, inquiry, and critique. (shrink)

In the mid-eighteenth century David Hume argued that successful prediction tells us nothing about the truth of the predicting theory. But physical theory routinely predicts the values of observable magnitudes within very small ranges of error. The chance of this sort of predictive success without a true theory suggests that Hume's argument is flawed. However, Colin Howson argues that there is no flaw and examines the implications of this disturbing conclusion; he also offers a solution to one of the central (...) problems of Western philosophy, the problem of induction. (shrink)

In this book, one of Italy's most important and original contemporary philosophers considers the status of art in the modern era. He takes seriously Hegel's claim that art has exhausted its spiritual vocation. He argues, however, that Hegel by no means proclaimed the 'death of art' (as many still imagine) but proclaimed rather the indefinite continuation of art in a 'self-annulling' mode. With astonishing breadth and originality, he probes the meaning, aesthetics, and historical consequences of that self-annulment. He argues that (...) the birth of modern aesthetics is the result of a series of schisms - such as between artist and spectator, genius and taste, and form and matter - that are manifestations of the deeper, self-negating yet self-perpetuating movement of irony. He offers an imaginative reinterpretation of the history of aesthetic theory from Kant to Heidegger. The final chapter offers a dazzling interpretation of Dürer's Melancholia. (shrink)

This volume provides a guide to the discussion among biologists and philosophersabout the role of concepts such as function and design in an evolutionary understanding oflife.

The work of Giorgio Agamben, one of Italy's most important and original philosophers, has been based on an uncommon erudition in classical traditions of philosophy and rhetoric, the grammarians of late antiquity, Christian theology, and modern philosophy. Recently, Agamben has begun to direct his thinking to the constitution of the social and to some concrete, ethico-political conclusions concerning the state of society today, and the place of the individual within it. In Homo Sacer, Agamben aims to connect the problem (...) of pure possibility, potentiality, and power with the problem of political and social ethics in a context where the latter has lost its previous religious, metaphysical, and cultural grounding. Taking his cue from Foucault's fragmentary analysis of biopolitics, Agamben probes with great breadth, intensity, and acuteness the covert or implicit presence of an idea of biopolitics in the history of traditional political theory. He argues that from the earliest treatises of political theory, notably in Aristotle's notion of man as a political animal, and throughout the history of Western thinking about sovereignty, a notion of sovereignty as power over "life" is implicit. The reason it remains merely implicit has to do, according to Agamben, with the way the sacred, or the idea of sacrality, becomes indissociable from the idea of sovereignty. Drawing upon Carl Schmitt's idea of the sovereign's status as the exception to the rules he safeguards, and on anthropological research that reveals the close interlinking of the sacred and the taboo, Agamben defines the sacred person as one who can be killed and yet not sacrificed—a paradox he sees as operative in the status of the modern individual living in a system that exerts control over the collective "naked life" of all individuals. (shrink)

The epistemic position of an agent often depends on their position in a larger network of other agents who provide them with information. In general, agents are better off if they have diverse and independent sources. Sullivan et al. [19] developed a method for quantitatively characterizing the epistemic position of individuals in a network that takes into account both diversity and independence; and presented a proof-of-concept, closed-source implementation on a small graph derived from Twitter data [19]. This paper reports on (...) an open-source reimplementation of their algorithm in Python, optimized to be usable on much larger networks. In addition to the algorithm and package, we also show the ability to scale up our package to large synthetic social network graph profiling, and finally demonstrate its utility in analyzing real-world empirical evidence of ‘echo chambers’ on online social media, as well as evidence of interdisciplinary diversity in an academic communications network. (shrink)

Pragmatism is America's best-known native philosophy. It espouses a practical set of beliefs and principles that focus on the improvement of our lives. Yet the split between classical and contemporary pragmatists has divided the tradition against itself. Classical pragmatists, such as John Dewey and William James, believed we should heed the lessons of experience. Neopragmatists, including Richard Rorty, Hilary Putnam, and Jürgen Habermas, argue instead from the perspective of a linguistic turn, which makes little use of the idea of experience. (...) Can these two camps be reconciled in a way that revitalizes a critical tradition? -/- Colin Koopman proposes a recovery of pragmatism by way of "transitionalist" themes of temporality and historicity which flourish in the work of the early pragmatists and continue in contemporary neopragmatist thought. "Life is in the transitions," James once wrote, and, in following this assertion, Koopman reveals the continuities uniting both phases of pragmatism. Koopman's framework also draws from other contemporary theorists, including Michel Foucault, Pierre Bourdieu, Bernard Williams, and Stanley Cavell. By reflecting these voices through the prism of transitionalism, a new understanding of knowledge, ethics, politics, and critique takes root. Koopman concludes with a call for integrating Dewey and Foucault into a model of inquiry he calls genealogical pragmatism, a mutually informative critique that further joins the analytic and continental schools. (shrink)

Why has power in the West assumed the form of an "economy," that is, of a government of men and things? If power is essentially government, why does it need glory, that is, the ceremonial and liturgical apparatus that has always accompanied it? In the early centuries of the Church, in order to reconcile monotheism with God's threefold nature, the doctrine of Trinity was introduced in the guise of an economy of divine life. It was as if the Trinity amounted (...) to nothing more than a problem of managing and governing the heavenly house and the world. Agamben shows that, when combined with the idea of providence, this theological-economic paradigm unexpectedly lies at the origin of many of the most important categories of modern politics, from the democratic theory of the division of powers to the strategic doctrine of collateral damage, from the invisible hand of Smith's liberalism to ideas of order and security. But the greatest novelty to emerge from _The Kingdom and the Glory _ is that modern power is not only government but also glory, and that the ceremonial, liturgical, and acclamatory aspects that we have regarded as vestiges of the past actually constitute the basis of Western power. Through a fascinating analysis of liturgical acclamations and ceremonial symbols of power—the throne, the crown, purple cloth, the Fasces, and more—Agamben develops an original genealogy that illuminates the startling function of consent and of the media in modern democracies. With this book, the work begun with _Homo Sacer_ reaches a decisive point, profoundly challenging and renewing our vision of politics. (shrink)

The end of human history is an event that has been foreseen or announced by both messianics and dialecticians. But who is the protagonist of that history that is coming—or has come—to a close? What is man? How did he come on the scene? And how has he maintained his privileged place as the master of, or first among, the animals? In The Open, contemporary Italian philosopher Giorgio Agamben considers the ways in which the “human” has been thought of (...) as either a distinct and superior type of animal, or a kind of being that is essentially different from animal altogether. In an argument that ranges from ancient Greek, Christian, and Jewish texts to twentieth-century thinkers such as Heidegger, Benjamin, and Kojève, Agamben examines the ways in which the distinction between man and animal has been manufactured by the logical presuppositions of Western thought, and he investigates the profound implications that the man/animal distinction has had for disciplines as seemingly disparate as philosophy, law, anthropology, medicine, and politics. (shrink)

In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

L'eclissi della politica è cominciata da quando essa ha omesso di confrontarsi con le trasformazioni che ne hanno svuotato categorie e concetti. Accade così che paradigmi genuinamente politici vadano ora cercati in esperienze e fenomeni che di solito non sono considerati politici: la vita naturale degli uomini restituita al centro della polis; il campo di concentramento; il rifugiato; il linguaggio come luogo politico per eccellenza, oggetto di una contesa e di una manipolazione senza precedenti; la sfera dei mezzi puri o (...) dei gesti, ossia dei mezzi che, pur restando tali, si emancipano dalla loro relazione a un fine. Il libro cerca di ripensare le categorie della politica in una nuova realtà. (shrink)

The long eighteenth century is a crucial period in the history of ethics, when our moral relations to God, ourselves and others were minutely examined and our duties, rights and virtues systematically and powerfully presented. Colin Heydt charts the history of practical morality - what we ought to do and to be - from the 1670s, when practical ethics arising from Protestant natural law gained an institutional foothold in England, to early British responses to the French Revolution around 1790. He (...) examines the conventional philosophical positions concerning the content of morality, and utilizes those conventions to reinterpret the work of key figures including Locke, Hume, and Smith. Situating these positions in their thematic and historical contexts, he shows how studying them challenges our assumptions about the originality, intended audience, and aims of philosophical argument during this period. His rich and readable book will appeal to a range of scholars and students. (shrink)

In the past two decades, much work on Kant has aimed to delimit and evaluate the bedrock assumptions of Kant's mature Critical philosophy. This volume brings together leading Kant scholars to address this issue in conversation with each other, articulating and interrogating Kant's critical assumptions.

Many weaknesses of game theory are cured by new models that embody simple cognitive principles, while maintaining the formalism and generality that makes game theory useful. Social preference models can generate team reasoning by combining reciprocation and correlated equilibrium. Models of limited iterated thinking explain data better than equilibrium models do; and they self-repair problems of implausibility and multiplicity of equilibria.

Giorgio Agamben's Homo Sacer was one of the seminal works of political philosophy in recent decades. It was also the beginning of a series of interconnected investigations of staggering ambition and scope, investigating the deepest foundations of Western politics and thought. The Use of Bodies represents the ninth and final volume in this twenty-year undertaking, breaking considerable new ground while clarifying the stakes and implications of the project as a whole. It comprises three major sections. The first uses Aristotle's (...) discussion of slavery as a starting point for radically rethinking notions of selfhood; the second calls for a complete reworking of Western ontology; and the third explores the enigmatic concept of "form-of-life," which is in many ways the motivating force behind the entire Homo Sacer project. Interwoven between these major sections are shorter reflections on individual thinkers, while the epilogue pushes toward a new approach to political life that breaks with the destructive deadlocks of Western thought. The Use of Bodies represents a true masterwork by one of our greatest living philosophers. (shrink)

This volume constitutes the largest collection of writings by the Italian philosopher Giorgio Agamben hitherto published in any language and all but one appear in English for the first time. The essays consider figures in the history of philosophy (Plato, Plotinus, Spinoza, Hegel) and twentieth-century thought (Walter Benjamin, Heidegger, Derrida, Deleuze, the historian Aby Warburg, and the linguist J.-C. Milner). They also examine several central concerns of Agamben: the relation of linguistic and metaphysical categories; messianism in Islamic, Jewish, and (...) Christian theology; and the state and future of contemporary politics. Despite the diversity of the texts collected here, they show a consistent concern for a set of overriding philosophical themes concerning language, history, and potentiality. (shrink)

Arguing that Western power is both "government" and "glory," this book reveals the "theological-economic" paradigm at the origin of several of the most important components of modern politics and illuminates the function of consent and the ...

"Is it meaningful to call oneself a democrat? And if so, how do you interpret the word?" -/- In responding to this question, eight iconoclastic thinkers prove the rich potential of democracy, along with its critical weaknesses, and reconceive the practice to accommodate new political and cultural realities. Giorgio Agamben traces the tense history of constitutions and their coexistence with various governments. Alain Badiou contrasts current democratic practice with democratic communism. Daniel Bensaid ponders the institutionalization of democracy, while Wendy (...) Brown discusses the democratization of society under neoliberalism. Jean-Luc Nancy measures the difference between democracy as a form of rule and as a human end, and Jacques Rancière highlights its egalitarian nature. Kristin Ross identifies hierarchical relationships within democratic practice, and Slavoj Zizek complicates the distinction between those who desire to own the state and those who wish to do without it. -/- Concentrating on the classical roots of democracy and its changing meaning over time and within different contexts, these essays uniquely defend what is left of the left-wing tradition after the fall of Soviet communism. They confront disincentives to active democratic participation that have caused voter turnout to decline in western countries, and they address electoral indifference by invoking and reviving the tradition of citizen involvement. Passionately written and theoretically rich, this collection speaks to all facets of modern political and democratic debate. (shrink)

Henry More argues that materialism cannot account for cases where a single subject or perceiver has multiple perceptions simultaneously. Since we clearly do have multiple perceptions at the same time--for example, when we see, hear, and smell simultaneously--More concludes that we are not wholly material. In response to More's argument, Margaret Cavendish adopts a two-fold strategy. First, she argues that there is no general obstacle to mental unification in her version of materialism. Second, Cavendish appeals to the mind or rational (...) matter--terms she often uses interchangeably—to explain the integration of sensory input from multiple senses. When the mind integrates perceptions across modalities, the different parts of rational matter share their knowledge so that they all come to perceive alike. When rational parts successfully communicate their knowledge, each part knows what all the others know. They pool their knowledge; they perceive alike. Thus, when someone hears, sees, and tastes, each part of her mind hears, sees, and tastes alike, in parallel and in unison. The Cavendishian mind, in short, approximates simplicity by achieving uniformity or homogeneity of perceptions across its parts. (shrink)

The Oxford-educated philosopher serves up his trenchant survey of his academic discipline, offering his commentary on Descartes, Anselm Bertrand Russell, Sartre ...

Plato’s Theaetetus, Sophist, and Statesman exhibit several related dialectical methods relevant to Platonic education: maieutic in Theaetetus, bifurcatory division in Sophist and Statesman, and non-bifurcatory division in Statesman, related to the ‘god-given’ method in Philebus. I consider the nature of each method through the letter or element paradigm, used to reflect on each method. At issue are the element’s appearances in given contexts, its fitness for communing with other elements like it in kind, and its own nature defined through its (...) relations to others. These represent stages of inquiry for the Platonic student inquiring into the sources of knowledge. (shrink)

Consider the distinctive qualitative property grass visually appears to have when it visually appears to be green. This property is an example of what I call sensuous color. Whereas early modern mechanists typically argue that bodies are not sensuously colored, Margaret Cavendish (1623–73) disagrees. In cases of veridical perception, she holds that grass is green in precisely the way it visually appears to be. In defense of her realist approach to sensuous colors, Cavendish argues that (i) it is impossible to (...) conceive of colorless bodies, (ii) the very possibility of color experience requires that bodies are sensuously colored, and (iii) the attribution of sensuous colors to bodies provides the best explanation of color constancy. Although some passages might suggest that Cavendish endorses a reductive account of sensuous color, according to which sensuous color reduces to a body's microscopic surface texture (or some other mechanistically respectable property), I argue that she accepts a nonreductive account, on which sensuous color is not thus reducible. (shrink)

We can no longer speak of a state of war in any traditional sense, yet there is currently no viable theory to account for the manifold internal conflicts, or civil wars, that increasingly afflict the world's populations. Meant as a first step toward such a theory, Giorgio Agamben's latest book looks at how civil war was conceived of at two crucial moments in the history of Western thought: in ancient Athens (from which the political concept of stasis emerges) and (...) later, in the work of Thomas Hobbes. It identifies civil war as the fundamental threshold of politicization in the West, an apparatus that over the course of history has alternately allowed for the de-politicization of citizenship and the mobilization of the unpolitical. The arguments herein, first conceived of in the immediate aftermath of 9/11, have become ever more relevant now that we have entered the age of planetary civil war. (shrink)

What is an apparatus? -- The friend -- What is the contemporary?

The heart of this book is the reciprocal relationship between philosophical theories of mind and empirical studies of animal cognition.

Many, including Marx, Rawls, and the contemporary 'Black Lives Matter' movement, embrace the ambition to secure terms of co-existence in which the worth of people's lives becomes a lived reality rather than an empty boast. This book asks whether, as some believe, the philosophical idea of human dignity can help achieve that ambition. Offering a new fourfold typology of dignity concepts, Colin Bird argues that human dignity can perform this role only if certain traditional ways of conceiving it are abandoned. (...) Accordingly, Bird rejects the idea that human dignity refers to the inherent worth or status of individuals, and instead reinterprets it as a social relation, constituted by affects of respect and the modes of mutual attention which they generate. What emerges is a new vision of human dignity as a vital political value, and an arresting vindication of its role as an agent of critical reflection on politics. (shrink)

In this follow-up to The Kingdom and the Glory and The Highest Poverty, Agamben investigates the roots of our moral concept of duty in the theory and practice of Christian liturgy. Beginning with the New Testament and working through to late scholasticism and modern papal encyclicals, Agamben traces the Church's attempts to repeat Christ's unrepeatable sacrifice. Crucial here is the paradoxical figure of the priest, who becomes more and more a pure instrument of God's power, so that his own motives (...) and character are entirely indifferent as long as he carries out his priestly duties. In modernity, Agamben argues, the Christian priest has become the model ethical subject. We see this above all in Kantian ethics. Contrasting the Christian and modern ontology of duty with the classical ontology of being, Agamben contends that Western philosophy has unfolded in the tension between the two. This latest installment in the study of Western political structures begun in Homo Sacer is a contribution to the study of liturgy, an extension of Nietzsche's genealogy of morals, and a reworking of Heidegger's history of Being. (shrink)

"The texts published here reproduce, with some variation, those of five lectures held at the Mendrisio Academy of Architecture between October 2012 and April 2013.".

Why do we use epistemic modals like 'might'? According to Factualism, the function of 'might' is to exchange information about state-of-affairs in the modal universe. As an alternative to Factualism, this paper offers a game-theoretic rationale for epistemic possibility operators in a Bayesian setting. The background picture is one whereby communication facilitates coordination, but coordination could fail if there's too much uncertainty, since the players' ability to share a belief is undermined. However, 'might' and related expressions can be used to (...) reveal one's uncertainty, and exploit this to coordinate despite the lack of a common epistemic ground. The final result is a way to articulate a non-Factualist view of epistemic possibility modals that builds on their standard semantics. (shrink)

Should cognitive scientists be any more embarrassed about their lack of a discipline-fixing definition of cognition than biologists are about their inability to define “life”? My answer is “no”. Philosophers seeking a unique “mark of the cognitive” or less onerous but nevertheless categorical characterizations of cognition are working at a level of analysis upon which hangs nothing that either cognitive scientists or philosophers of cognitive science should care about. In contrast, I advocate a pluralistic stance towards uses of the term (...) ‘cognition’ that eschews the urge to treat cognition as a metaphysically well-defined “natural” kind. (shrink)

In Plato’s Statesman, the Eleatic Stranger leads Socrates the Younger and their audience through an analysis of the statesman in the service of the interlocutors’ becoming “more capable in dialectic regarding all things”. In this way, the dialectical exercise in the text is both intrinsically and instrumentally valuable, as it yields a philosophically rigorous account of statesmanship and exhibits a method of dialectical inquiry. After the series of bifurcatory divisions in the Sophist and early Statesman, the Stranger changes to a (...) non-bifurcatory method of dividing to account for the statesman, but does not explain the reason for this change. I argue that the change is prepared by the elements discussed in the digression from 277a2 to 287b2. Here the Stranger makes use of four concepts that are crucial for understanding this change: the notion of paradigm, the paradigms of care and the weaver, and the notion of due measure. I claim that the notion of paradigm clarifies the nature of dialectical inquiry, care and weaving act as paradigms appropriate to dialectical practice, and an account of due measure offers insight into the constitutive ratios that govern the structuring of kinds pursued through dialectical inquiry. I suggest that the non-bifurcatory method is intended to articulate knowledge in the strictest sense, or knowledge of the forms, presenting a method of inquiry into being and its structure that will foster the turning of the soul from things to forms that Socrates describes in the Republic. (shrink)

As arti® cial intelligence moves ever closer to the goal of producing fully autonomous agents, the question of how to design and implement an arti® cial moral agent (AMA) becomes increasingly pressing. Robots possessing autonomous capacities to do things that are useful to humans will also have the capacity to do things that are harmful to humans and other sentient beings. Theoretical challenges to developing arti® cial moral agents result both from controversies among ethicists about moral theory itself, and from (...) computational limits to the implementation of such theories. In this paper the ethical disputes are surveyed, the possibility of a `moral Turing Test ’ is considered and the computational di culties accompanying the diŒerent types of approach are assessed. Human-like performance, which is prone to include immoral actions, may not be acceptable in machines, but moral perfection may be computationally unattainable. The risks posed by autonomous machines ignorantly or deliberately harming people and other sentient beings are great. The development of machines with enough intelligence to assess the eŒects of their actions on sentient beings and act accordingly may ultimately be the most important task faced by the designers of arti® cially intelligent automata. (shrink)

According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that assumption. While (...) conceding that citizens who propose to deploy the coercive apparatus of the state to enforce controversial legislation owe their fellows a justification that overcomes the strong presumption against coercing agents, it denies that this consideration can explain why public justifications are also required. Having argued that the public justification requirement is not among the justification conditions for public coercion, the paper then proposes an alternative rationale for the expectation that political action be publicly justified. On this alternative, the case for the public justification requirement depends on democratic citizens’ standing as legislative co-authors, and not on considerations having to do with their liability as private individuals to coercion at the hands of the state. (shrink)

In this book the Italian philosopher Giorgio Agamben looks closely at the literature of the survivors of Auschwitz, probing the philosophical and ethical questions raised by their testimony."In its form, this book is a kind of perpetual commentary on testimony. It did not seem possible to proceed otherwise. At a certain point, it became clear that testimony contained at its core an essential lacuna; in other words, the survivors bore witness to something it is impossible to bear witness to. (...) As a consequence, commenting on survivors' testimony necessarily meant interrogating this lacuna or, more precisely, attempting to listen to it. Listening to something absent did not prove fruitless work for this author. Above all, it made it necessary to clear away almost all the doctrines that, since Auschwitz, have been advanced in the name of ethics."--Giorgio Agamben. (shrink)