Göçmenlerin farklı kimliklere sahip olmaları ötekileştirilme deneyimlerini arttırmaktadır. Başka bir deyişle; göçmenlerin farklı kültürel, etnik ya da dini kimliklere ilişkin olarak ötekileştirilmeleri daha olasıdır. Bu önermenin sonucu olarak ötekileştirme, onunla mücadeleyi merkeze alan politikalar tarafından “aşılması olası” ve yapaylığı ima eden bir olgu olarak ele alınmaktadır. Bu çalışma; “öteki”nin varlığını kimliğin oluşumu açısından kaçınılmaz görerek ötekileştirmeyi “olumsuz bir doğal” yapan unsurun sosyal bilişsel bir süreç olan “stereotipleştirme” üzerinden okunması ve çözümün burada aranması gerektiği savını, Henri Tajfel ve John Turner’ın Sosyal (...) Kimlik Teorisini temel alarak günümüzde “öteki” sıfatının atfedildiği göçmenler bağlamında ele almaktadır. İnsanların tarih boyunca doğal, sosyal, politik ve ekonomik sebeplerle başvurduğu göç eyleminin günümüzde yoğun kitlesel hareketliliğe dönüşmesi göçmen kimliğinin görünürlüğünü arttırmış ve bu kimliği küresel ölçekte ötekileştirmenin nesnesi tayin etmiştir. Ötekileştirmenin psikolojik ve politik bileşenlerinin etraflıca tetkiki, söz konusu fenomenin toplumsal çıktılarının ayrıştırıcı etkisini bertaraf edebilmek için bir başlangıç noktasıdır. Bu gaye ile çalışmada ötekileştirme pratiğine farklı bir zaviyeden yaklaşılmış, ötekileştirmeyi toplumsal yaşam açısından olumsuz sonuçlara eviren bilişsel sürecin tespitleri göçmenler üzerinden değerlendirilmiştir. İlgili alanlarda teorik ve ampirik kaynakların taranması neticesinde edinilen bulgularla çalışma, sosyal psikolojik unsurların politik uygulamalara dâhil edilmesine dair yöntemlere ulaşma çabası ve toplumsal bütünlüğün tesis/muhafaza edilmesi için sunduğu politik psikolojik çözümler ile literatüre eklenmeyi hedeflemektedir. (shrink)

Erken dönem tasavvuf tarihinde iki ana akımdan biri olarak kabul edilen Horasan tasavvuf ekolünün şekillenmesinde Hâtim el-Esam (ö.237/851) önemli bir figür olarak karşımıza çıkar. İbrahim b. Edhem (ö.161/778) ve Şakîk-i Belhî (ö.194/810) kanalıyla gelen öğretinin Horasan ve Maveraünnehir genelinde aktarım ve intişarının sağlamasında onun etkin bir rol oynadığı bilinir. Aynı zamanda yetiştirdiği talebeleriyle Melâmetîliğin teşekkülüne katkı sağladığı kabul edilir. Bu makale Hâtim el-Esam’ın entelektüel açıdan kimliği ve ilişkiler ağının tespitine odaklanmaktadır. Herhangi bir akademik çalışmaya konu edilmediği görülen söz konusu odağı, (...) farklı ilmî sahalardan istifade ettiği literatürle erken dönemdeki mesele ve tartışmalardan faydalanarak sunmaya çalışır. Bu itibarla Hâtim el-Esam’ın muhaddis, fakih ve sufi kimliğiyle Horasan ilim havzasının önemli şehirlerinden biri olan Belh’te ilmî faaliyetlerin ve özellikle hadis ilminin sürekliliğine katkı yaptığı ortaya konmuştur. Çok yönlü ilişkiler ağına sahip olduğu tespit edilen Hâtim el-Esam’ın Belh ve Bağdat ulemâsı ile irtibatının dostluk ve irşad eksenli ve aynı zamanda fıkh-ı bâtın vurgulu olduğu görülürken Rey, Kazvin ve Medine-i Münevvere ulemasıyla olan münasebetlerininse eleştiri odaklı olduğu belirlenmiştir. Nebevî mirasa bütünüyle sahip çıkılmamasına ilişkin söz konusu eleştirel münasebet biçimi, erken dönemde sufilerin, biçim-öz bütünlüğünden uzaklaşmaları nedeniyle diğer ilim müntesiplerine yönelttikleri tenkitlerin bir yansıması olarak değerlendirilmiştir. Ayrıca sened analizi yöntemiyle onun sufilerle olan ilişkiler ağına yönelik yeni tespitler ortaya konmuştur. (shrink)

In recent years, and in the current climate crisis, the interest in veganism and sustainable diet/lifestyle has increased. This growing interest can also be seen within academia. Therefore, we set out to systematically document and organize the social psychological literature on veganism and vegan identity to identify where the field currently is, and what we need to do next. Following PRISMA guidelines we identified a data set of 26 academic papers published between 2010 and 2021. Through a thematic analysis of (...) the data, we created four categories of study focus and content: vegans as a disadvantaged/stigmatized group, the role of ideology in negative attitudes toward vegans, the role of moral and ethical beliefs in changing or sustaining dietary preferences, and veganism as a social movement and vegan activism. Our analysis emphasizes issues with merging all non-meat eaters, reduction of veganism into dietary or lifestyle choices neglecting the politicized content and movement, lack of processes underlying emergence and endurance of veganism, and decontextualization of vegan identity. What is needed is a more fine-grained exploration that addresses the identified issues to account for the content of vegan identity. This would expand, for example, the motives literature to include and emphasize intersectionality in a vegan identity context. Specifically, to facilitate a more sustainable lifestyle, the content of social dimensions needs to be qualitatively explored. (shrink)

This study aims to compare the hafiz training in imam hatip secondary schools and the hafiz training processes carried out in the Qur'an courses affiliated to the Presidency of Religious Affairs, based on student views, within the scope of the "Hafiz Project with Formal Education in Imam Hatip Secondary Schools", which is currently being implemented. The model of the study, which is based on the quantitative research method, is the comparative relational survey model, which is based on determining the relationship (...) between two or more variables and the presence or degree of change. The universe of the research is four imam hatip secondary schools and four Qur'an courses located in the European side of Istanbul, and the sample is 160 students who receive hafiz training in these institutions. In the research, first of all, hafiz education and its development in the historical process are included. Then, the data obtained as a result of the questionnaires applied to the participant students within the scope of the research were analyzed according to the institution and gender variable. In this context, the students' views on the hafiz process, the hafiz training together with the formal education, the post hafiz process, the hafiz teachers and the physical opportunities in the hafiz process were consulted, and the significant differences between the relevant views were determined and evaluated. As a result of the study, especially in terms of gender variable, significant differences were found in subjects such as memorization, other occupations in the hafiz process, teachers' understanding of education, and the desire to quit memorization. (shrink)

Abstract in English, German, French and Croatian -/- In the paper “The ‘Bubbling Up’ of Subterranean Politics in Europe”, which was published in 2013 in the Journal of Civil Society, Mary Kaldor and Sabine Selchow attempted to reveal the specific qualities of the uprisings which emerged after the year 2010 in some European countries, such as Germany, Spain, Italy, England etc. According to the authors, the mode of organization which forms the main body of these emancipatory movements obtains its basic (...) logic from the world of the Internet. The use of the Internet requires a re-evaluation of negative philosophical commentary regarding technology. In the context of twentieth-century philosophy, Martin Heidegger and Herbert Marcuse are the most influential philosophers who studied the negative aspects of technology. Heidegger portrayed the destructive effects of scientific reasoning and technology on the Western culture through the criticism of the traditional Western metaphysics on a phenomenological-ontological level. Marcuse, belonging to the tradition of Western Marxism, formed his critique of technology in the context of the concept of instrumental rationality and the critique of advanced industrial society and capitalism. Although the starting points of their perspectives on technology and the underlying purposes of their critiques of technology were different, it may be asserted that both have a rather negative and almost entirely pessimistic disposition towards technology. Heidegger’s and Marcuse’s criticisms of technology will be discussed in this context and the differences and similarities between these criticisms will be shown. Finally, the paper will emphasise the question of the possibility of a positive role of technology. Technology can serve as an alternative to negative uses by shedding light on the relation between the current uprisings and the Internet. Keywords technology, rationality, freedom, enframing, criticism, revolt movements, Internet, politics //////////////////////////////////////////////////////////////////////////////////////////////////// /////// Ist die Emanzipation des Menschen durch Technologie möglich? Zusammenfassung In dem Artikel „The ‘Bubbling Up’ of Subterranean Politics in Europe”, veröffentlicht im Jahre 2013 im Journal of Civil Society, versuchten Mary Kaldor und Sabine Selchow die spezifischen Qualitäten der Aufstände zum Ausdruck zu bringen, die nach 2010 in den europäischen Ländern ausbrachen – Deutschland, Spanien, Italien, England usw. Nach Ansicht der Autoren erhält der Modus der Organisation, der den Hauptkörper dieser emanzipatorischen Bewegungen bildet, seine grundlegende Logik aus der Welt des Internets. Die Analogie mit dem Internet erfor- dert eine Neubewertung der negativen Kommentare über die Technologie aus philosophischer Perspektive. Martin Heidegger und Herbert Marcuse sind die einflussreichsten Philosophen, die sich mit den negativen Aspekten der Technologie in der Philosophie des 20. Jahrhunderts befasst haben. Heidegger schilderte die zerstörerischen Auswirkungen der wissenschaftlichen Vernunft und Technologie auf die westliche Kultur durch die Kritik an der traditionellen abend- ländischen Metaphysik auf der phänomenologisch-ontologischen Ebene, während Marcuse, ein Mitglied des westlichen Marxismus, seine Kritik an der Technologie im Rahmen des Konzepts der instrumentellen Rationalität und der Kritik der fortgeschrittenen Industriegesellschaft und Kapitalismus geformt hat. Obgleich die Ansatzpunkte ihrer Perspektiven über die Technologie und die zugrunde liegenden Zwecke ihrer Kritik an der Technologie unterschiedlich waren, kann behauptet werden, dass beide eine eher negative und fast völlig pessimistische Einstellung zur Technologie hatten. In diesem Zusammenhang werden Heideggers und Marcuses Kritiken an der Technologie diskutiert sowie Unterschiede und Ähnlichkeiten zwischen den beiden Kri- tiken aufgezeigt. Abschließend unterstreicht das Paper die Frage nach der Möglichkeit einer positiven Rolle für die Technologie, die als Alternative zur negativen Perspektive dienen kann, indem sie Licht in das Verhältnis zwischen aktuellen Aufständen und Internet bringt. Schlüsselwörter Technologie, Rationalität, Freiheit, Gestell, Kritik, Revoltebewegungen, Internet, Politik //////////////////////////////////////////////////////////////////////////////////////////////////// /////// L’émancipation humaine est-elle possible à travers la technologie ? Résumé Dans l’article « The “Bubbling Up” of Suberranean Politics in Europe » publié en 2013 dans Journal of Civil Society, Mary Kaldor et Sabine Selchow tentent de mettre en lumière les caractéristiques spécifiques des révoltes qui ont fait jour après 2010 dans certains pays européens – Allemagne, Espagne, Italie, Angleterre, etc. Selon nos auteures, le mode d’organisation qui a formé le corps essentiel de ces mouvements émancipatoires tire sa logique de base du monde de l’internet. Cette analogie avec l’internet requiert une réévaluation, à partir d’un point de vue philosophique, des commentaires négatifs sur la technologie. Martin Heidegger et Herbert Marcuse sont les philosophes les plus influents ayant travaillé sur les aspects négatifs de la technologie au sein de la philosophie du XXe siècle. Heidegger a dépeint les effets destructeurs de la raison scientifique et de la technologie de notre culture occidentale à travers son criticisme de la métaphysique traditionnelle occidentale à un niveau phénoménologico-ontologique, tandis que Marcuse, membre du « communisme occidentale », a formé une critique de la technologie au sein du concept de rationalité instrumentale et une critique de la société industrielle avancée et du capitalisme. Bien que le point de départ de leur perspective sur la technologie et que le but sous-jacent de leur critique diffèrent, il est possible d’affirmer que leur point commun est d’avoir posé un regard négatif et presque entièrement pessimiste sur la technologie. À cet égard, le criticisme d’Heidegger et de Marcuse vont être abordés afin d’en soulever les différences et les similarités. Enfin, cet article mettra l’accent sur la possibilité d’un rôle positif de la technologie qui pourrait servir d’alternative aux perspectives négatives en faisant la lumière sur le lien entre les révoltes actuelles et l’internet. Mots-clés technologie, rationalité, liberté, mettre en forme, criticisme, mouvements de révolte, internet, politique //////////////////////////////////////////////////////////////////////////////////////////////////// /////// Je li moguća ljudska emancipacija kroz tehniku? Sažetak U članku »The ‘Bubbling Up’ of Subterranean Politics in Europe«, objavljenom 2013. u časopisu Journal of Civil Society, Mary Kaldor i Sabine Selchow pokušale su otkriti specifične značajke pobuna koje su se javila nakon 2010. godine u europskim zemljama poput Njemačke, Španjolske, Italije, Engleske itd. Prema autoricama, način organiziranja koji čini glavno tijelo ovih emancipatornih pokreta preuzima svoju osnovnu logiku iz svijeta Interneta. Analogija s Internetom zahtijeva ponovnu evaluaciju negativnih komentara o tehnici iz filozofske perspektive. Martin Heidegger i Herbert Marcuse najutjecajniji su filozofi 20. stoljeća koji su se bavili negativnim aspektima tehnike. Heidegger je prikazao destruktivne učinke znanstvene racionalnosti i tehnike na zapadnu kulturu kroz kritiku tradicionalne zapadne metafizike na fenomenološko-ontološkoj razini, dok je Marcuse, kao predstavnik zapadnoga marksizma, oblikovao svoju kritiku tehnike u kontekstu pojma instrumentalne racionalnosti te kritike razvijenog industrijskog društva i kapitalizma. Iako su polazišne točke njihovih pogleda na tehniku, kao i osnovne svrhe kritike tehnike, različite, može se reći da obojica imaju poprilično negativno i gotovo u potpunosti pesimističko shvaćanje tehnologije. U tom će se kontekstu razmotriti Heideggerova i Marcuseova kritika tehnike kao i razlike i sličnosti između tih dvaju pristupa. Zaključno će rad naglasiti mogućnost pozitivne uloge tehnike, koja može služiti kao alternativa negativnoj perspektivi osvjetljavajući odnos između nedavnih pobuna i interneta. Ključne riječi tehnologija, racionalnost, sloboda, postav, kritika, pobunjenički pokreti, Internet, politika. (shrink)

Purpose The manner in which people, businesses and governments perform is changing because of the spread of technology. Digitalization of governments can be considered a necessity as we are now entering the era of the Internet-of-Things. The advantages and disadvantages of electronic governments have been examined in several research studies. This study aims to examine the attitudes of decision-makers towards e-government. The research aims are as follows: to determine the problems related with e-government usage, to establish the factors which decrease (...) the usage of e-government services and to propose recommendations for the effective application of e-government practices. Design/methodology/approach Qualitative research has been used for the study. Participants were chosen by the snowball sampling method, and face-to-face in-depth interviews were conducted with all decision-makers. In-depth interviews are more efficient and enable the acquisition of better qualitative information, in-depth knowledge and statistics, as the distance between the interviewer and interviewee is reduced. Questions asked can be categorized under two sections, where the questions in the first section are related to the decision-maker’s management style/managerial proposition, and in the second section, technological questions are asked in terms of the preferred communication method and the decision-makers’ attitudes towards e-government practices. Findings Decision-makers perceive electronic government to be important, while the level of importance is observed to be different among the decision-makers. Chronic problems exist in many countries, such as nepotism, where the decision-makers have conflicting arguments about e-government and the resulting effect on nepotism. Furthermore, the study also indicates that decision-makers are aware of the importance of mobile government, although they acknowledge that more time is required, as their country is still developing. Electronic voting is also perceived to be important, although the decision-makers believe that security and privacy issues need to be solved before related projects can be initiated. Originality/value This research can be a benchmark study for the decision-makers of small island developing states by means of e-government. The impediments preventing the effective application of e-government practices are also discussed in the study. This study will be useful to highlight the triggers and obstacles for e-government development in the context of a developing country. Internet penetration has increased significantly since the 2000s, and therefore, decision-makers need to consider the shift in citizens’ behaviour, such as the high usage of smartphones and the emergence of the Internet-of-Things. (shrink)

Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher Health (...) Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated. (shrink)

The political debate in Western polyarchies readily points to a «Parteienstaat», «particrazia», or particracy. Empirical verification, however, is by far more difficult to carry out, though it is a descriptive necessity for further analysis of this phenomenon.An initial attempt to detect the particraties in Western Europe has been performed and revealed two particracies : Belgium and Italy. Other polyarchies have either the cabinet or the president as the most influential actor, an,d some seem to have a real concurrence of approximately (...) equivalent actors. The reliability of this first attempt, however, must be improved. (shrink)

We are witnessing increasing use of the Internet, particular social media, to criticize (perceived or actual) moral failings and misdemeanors. This phenomenon of so-called ‘online public shaming’ could provide a powerful tool for reinforcing valuable social norms. But it also threatens unwarranted and severe punishments meted out by online mobs. This paper analyses the dangers associated with the informal enforcement of norms, drawing on Locke, but also highlights its promise, drawing on recent discussions of social norms. We then consider two (...) crucial conditions that online public shaming must meet in order to be justifiable: proportionality and accountability. We argue that these requirements are in fact frequently violated, rendering most cases of online public shaming unjustified. While the use of online public shaming against others’ vices has some apparent virtues, it is currently rarely justified, given its own vices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Norms, Conventions, and PsychopathsNeil Levy (bio)Keywordspsychopathy, morality, conventions, responsibilityI am grateful to my commentators for their provocative challenges to my claim that psychopaths ought to be excused moral responsibility for their wrongdoing owing to their (alleged) failure to grasp the moral/conventional distinction. I have learned from all the commentators—now, and in some cases in the past as well—and I am sincerely honored by their having taken my work seriously (...) enough to comment on it, even if only to take issue with it. In what follows, I shall attempt to reply to their main criticisms. As will shortly become clear, I do not here have the space for anything like adequate responses. Instead, I shall have to content myself with programmatic statements of how such responses might go. Let me admit at the outset that until the details of these responses are fully worked out, and the relevant empirical research conduced, I cannot be sure that the responses will succeed. Nevertheless, there are grounds for confidence, given the available data.Because there is some overlap between the criticisms, I shall address some of them—those of Blair, Nichols, and Vargas—by topic rather than by commentator, before turning to Mullen and Matravers.Is the Ability to Understand the Moral/Conventional Distinction a Necessary Condition of Aptness for Moral Responsibility?Blair, as well as Vargas and Nichols, suggests that an agent's knowing that an action is against the rules might be sufficient to ground responsibility for performing that action, even if the agent lacks the ability to draw the moral/conventional distinction. As Blair points out, we do not reserve blame only for those who violate moral rules. Blame, and sometimes punishments, are also meted out to those who violate merely conventional norms. Because psychopaths can understand conventional norms perfectly well, they may therefore seem to be appropriate targets of at least some kind of moral blame.But is it really the case that agents are (ever) blameworthy for violating conventional norms alone? Many philosophers, for instance when considering the morality of civil disobedience, have argued that conventional norms are typically backed by second-order moral norms. Hence, for many or all conventional norms, there is a (defeasible) moral obligation not to violate that norm, an obligation independent of the content of the conventional norm; it is because there are such second-order moral obligations that agents are blameworthy for violating conventional norms. [End Page 163] But if this is the case, then the fact that we sometimes blame agents for violating conventional norms is not evidence against the claim that the ability to grasp moral norms is a necessary condition of blameworthiness. There is no reason to think that psychopaths will find it any easier to grasp second-order moral norms than first-order (of course, they may understand that there are such things as second-order norms—norms concerning norms—but for them such norms will only be conventional). In fact, it might be more difficult to understand the moral force of second-order moral norms than first, inasmuch as the harms caused by violating such norms are emotional and not physical. Normal subjects invest (some) conventional norms with moral significance, and it is for this reason that we regard violations of such norms as apt to give rise to blame; lacking the ability to draw the moral/conventional distinction, psychopaths cannot invest such norms with moral significance. Once again, for them these norms are merely conventional, and they therefore fail to grasp the full significance of violating them.It might be objected that if conventional transgressions are (sometimes) backed up by second-order moral norms, children would not classify them as neatly as they do. They would misclassify some conventional norms as moral, insofar as they are backed up by second-order moral norms. They would therefore deny that violations of conventions are permissible on the say-so of an authority. There are two possible explanations of children's classifications, compatible with the suggestion that some conventions are backed by second-order moral norms. First, it may be that greater cognitive sophistication is required to grasp second-order moral norms than... (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out (...) of it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

Few ideas in the history of philosophy have come in for the sustained criticism meted out to Aristotle’s notion of final causation. According to Aristotle and the scholastics, final causes are not just one kind of cause among many, but the very ‘cause of causes’. To appreciate the connection between final causes and efficient causes, it is useful to gather a few reminders of the Aristotelian approach to causation in general. The Aristotelian notion of causation in general has two essential (...) components: a cause is that on which something depends in itself, and a cause is a principle in itself influencing being in another. For the scholastics, the effort to understand the natural order is in large part a matter of identifying these causes in the phenomenon under investigation. For final causes in cases of human agency are, in the last analysis, only ens rationis, namely, beings of reason. (shrink)

The burgeoning literature on jus post bellum has repeatedly reaffirmed three positions that strike me as deeply implausible: that in the aftermath of wars, compensation should be a priority; that we should likewise prioritize punishing political leaders and war criminals even in the absence of legitimate multilateral institutions; and that when states justifiably launch armed humanitarian interventions, they become responsible for reconstructing the states into which they have intervened – the so called “Pottery Barn” dictum, “You break it, you own (...) it.” Against these common positions, this chapter argues that compensation should be subordinate to reconstruction, with resources going where they are most needed and can do the most good, rather than to the most aggrieved. Just punishment, meanwhile, presupposes just multilateral institutions – the victor cannot be trusted to mete out punishment fairly. And just interveners, who have already taken on such a heavy burden, are entitled to expect the international community to contribute to reconstruction after they have made the first and vital steps. After presenting each of these objections in greater depth, the chapter proceeds to draw some tentative inferences from the threads running through each, and suggest that they illustrate a distinctive flaw in the way in which jus post bellum is addressed by many just war theorists, who not only see the war as the grounds of post bellum duties, but also take it to specify their content: Specifically, they take the rights violations with which wars are imbued to be the basis for post-war action, but take the content of post-war duties to be focused on rectifying those rights violations, rather than the more forward-looking goal of establishing a lasting peace. This backward-looking orientation unduly confines these theorists to making attributions of fault, to a limited palette of normative concepts, and to a focus on the belligerents rather than the international community as a whole. Undoubtedly warfare creates a distinctive normative relationship between belligerent states (though we must question how much of this devolves to the citizens of those states). War does generate grounds for post-war duties – but there are other grounds for those duties too, moreover the grounds should not determine the content. It of course matters that the citizens of two states harmed one another in violation of their rights. But when the war is done, peacebuilding should be the priority, not raking over the wrongs of both sides. Sections 2–4 present the objections, Section 5 offers the tentative analysis and proposes a shift in focus toward an ethics of peacebuilding, and Section 6 concludes. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name (...) of all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

International in scope and featuring a diverse group of contributors, The Borders of Justice investigates the complexities of transitional justice that emerge from its “social embeddedness.” This original and provocative collection of essays, which stem from a collective research program on social justice undertaken by the Calcutta Research Group, confronts the concept and practices of justice. The editors and contributors question the relationship between geography, methodology, and justice—how and why justice is meted out differently in different places. Expanding on Michael (...) Walzer's idea of the “spheres of justice,” the contributors argue that justice is burdened with our notions of social realities and expectations, in addition to the influence of money, law, and government. Chapters provide close readings of Pascal, Plato and Marx, theories on global justice, the relationship between liberalism and multiculturalism, struggles of social injustice, and how and where we draw the borders of justice. (shrink)

In April 2018, the International Association of Athletics Federations released new regulations placing a ceiling on women athletes’ natural testosterone levels to “ensure fair and meaningful competition.” The regulations revise previous ones with the same intent. They require women with higher natural levels of testosterone and androgen sensitivity who compete in a set of “restricted” events to lower their testosterone levels to below a designated threshold. If they do not lower their testosterone, women may compete in the male category, in (...) an intersex category, at the national level, or in unrestricted events. Women may also challenge the regulation, whether or not they have lowered their testosterone, or quit sport. Irrespective of IAAF’s stated aims, the options forced by the new regulations are impossible choices. They violate dignity, threaten privacy, and mete out both suspicion and judgement on the sex and gender identity of the athletes regulated. (shrink)

It is recognised that Olympiodorus must have had a long career. He is still lecturing on Aristotle in the late 560s as we can deduce from the reference to a comet that appeared in 565ce (In Mete. 52.31), while he clearly learned his Platonism under Ammonius. His Commentary on Plato’s Gorgias, in which Ammonius rather than Proclus is seen as a figure of authority, is sometimes supposed to have been written in the late 520s. His date of birth may (...) presumably be placed within five years of 500 ce,1 though evidence is lacking. While it is hard to compare Platonic with Aristotelian commentaries, there are important differences among the commentaries on Plato that are best explained in terms of Olympiodorus’ growing maturity and his growing familiarity with, and appreciation of, the Athenian school. The pivotal role of Syrianus and Proclus will here be better appreciated, and the refinements of the last scholarch, Damascius, considered. (shrink)

Occupy Wall Street is best understood, I would suggest, as a new form of political as opposed to civil disobedience that fundamentally rejects the political and ideological landscape that has dominated our collective imagination in this country since before the cold war. Civil disobedience accepts the legitimacy of the political structure and of our political institutions but resists the moral authority of the resulting laws. It is “civil” in its disobedience—civil in the etymological sense of taking place within a shared (...) political community, within the classical Latin framework of civilitas, within an art of civil government. Civil disobedience accepts the verdict and condemnation that the civilly disobedient bring upon themselves. It respects the legal norm at the very moment of resistance and places itself under the sanction of that norm. If it resists the legal sanction that it itself entails, it is, in effect, no longer truly civil disobedience. As Martin Luther King, Jr. wrote in “Letter from Birmingham City Jail,” “an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law.” Civil disobedience does not aim to displace the law-making institutions or the structure of legal governance but rather to challenge the governing laws by demonstrating their injustice.Political disobedience, by contrast, resists the very way in which we are governed. It rejects the idea of honoring or expressing the “highest respect for law.” It refuses to willingly accept the sanctions meted out by the legal and political system. It challenges the conventional way that political governance takes place, that laws are enforced. It turns its back on the political institutions and actors who govern us all. It resists the structure of partisan politics, the traditional demand for policy reforms, the call for party identification, and, beyond that, the very ideologies that have dominated the postwar period. (shrink)

What is the relation of epistemology, understood as the study of the evaluation of knowledge claims, and empirical psychology, understood as the study of the causal generation of a person's beliefs? Quine maintains that the relation is one of “mutual containment”.Epistemology in its new setting, conversely, is contained in natural science, as a chapter of psychology. … We are studying how the human subject of our study posits bodies and projects his physics from his data, and we appreciate that our (...) position in the world is just like his. Our very epistemological enterprise, therefore, and the psychology wherein it is a component chapter, and the whole of natural science wherein psychology is a component book—all this is our own construction or projection from stimulations like those we were meting out to our epistemological subject. There is thus reciprocal containment, though containment in different senses: epistemology in natural science and natural science in epistemology. (shrink)

Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cancel Culture and the Trope of the ScapegoatA Girardian Defense of the Importance of Contemplative ReadingJoakim Wrethed (bio)What unfolds in this article encompasses violence, language/reading, and ethics. René Girard addresses these topics primarily in terms of mimesis, its potential violence, and the trope of the scapegoat. Still, toward the end of his career and life, he relentlessly pointed out the dangers implicated in the dynamism of these forces. He (...) addressed it clearly in his "apocalyptic book" Battling to the End (2010):I have been accused of repeating myself too often, of turning my theory into a fetish, of using it to explain everything. Yet it has described mechanisms that recent discoveries in neuroscience confirm: imitation is the initial and essential means of learning; it is not something acquired later on. We can escape mimetism only by understanding the laws that govern it. Only by understanding the dangers of imitation can we conceive of authentic identification with the Other. However, we are becoming aware of the primacy of moral relationship at the very time when the atomization of humanity is being realized, and when violence has increased in intensity and unpredictability.1[End Page 15] It is this thin line between necessary/harmless imitation and its dangerous versions that will be the central theme in the analysis. As Girard states, a vast amount of established research confirms that the mimetic impulse is innate.2 We should pay specific attention to "the atomization of humanity," since it zooms in on our contemporary epoch's paradoxical "mass-individualism," evidently tremendously enhanced by information and communication technology (ICT). In order to contribute to Girard's lifework and to extend it beyond his own writing, we outline a few contemporary phenomena that clearly exhibit the primordial dangers of human violence that Girard draws attention to. These phenomena are initially only roughly sketched, but subsequent sections give them sharper relief. The central phenomena are cancel culture, speed, and the reading of literature. Just to be clear, the intended mode of reading should be construed in a broad sense, thus potentially including philosophy and theology, if one is inclined to emphasize the differences between these disciplines and the reading of literature.3Cancel culture in certain ways makes manifest a social welfare society version of escalating violence, indicating that "violence has increased in intensity and unpredictability."4 A succinct definition of cancel culture will initially suffice:Cancel culture refers to ending (or attempting to end) an individual's career or prominence to hold them accountable for immoral behavior. Driven primarily by young progressives, often through social media, cancel culture has attracted controversy since it swept into the national conversation.5This definition can easily be extended into larger historical patterns in which, for instance, colonial crimes are highlighted and demands are raised for contemporary acts of atonement. As Rob Henderson points out, the obvious flip side is that "the swift and decisive nature of cancel culture can stifle debate, and some believe that dialogue is a more productive way to foster change."6 The "swiftness" and the immediate collectable consequences are decisive in their functions as social punishment and exclusion; in other words, digitalized speed accomplishes verdict and punishment in a very short time span, which is a reflection of desire pure and simple. The rapidity from intention to anticipated effect rather resembles an instinctive and violent action more than the forwarding of a carefully thought through argument or statement. The present becomes an invincible ivory tower bristling with power to finally mete out the justice that the erroneous ethics of earlier times were incapable of conceiving and achieving. An always already accelerating modernity speeded up immensely through [End Page 16] the fast growth of information and communication technology (ICT). To be sure, the whole evolution of computer technology is defined primarily in terms of processing speed, together with the quantity of information that can be contained in as small a spatial entity as possible. The present-day reality of having almost everything only one or a few clicks away on a screen—as a modern day realization of the library in Alexandria—enhances the relevance of a phenomenon historians have referred to... (shrink)

Unlike other treatments of legal punishment, this book takes both an external approach, asking why we punish at all, and an internal approach, considering issues faced by those 'inside' the practice: For what actions should we punish? Should we allow plea-bargaining? the insanity defense? How should sentencing be determined? The two approaches are connected: To decide whether to punish someone who is 'insane', or who cops a plea, we need to ask whether doing so is consistent with our theory of (...) why we punish at all. In connecting theory and practice, I draw on a broad range of thought: radical criticisms of punishment (Nietzsche, Foucault, Marxists), sociological theories (Durkheim, Girard), various philosophical traditions (utilitarian, German Idealism, modern liberalism), and the 'law and economics' movement. Against radical critics who argue we shouldn't punish at all, but who then leave us without an alternative for dealing with crime, I defend the practice, offering a version of retribution (which I distinguish from revenge and non-consequential theories) that holds we punish not to deter, reform, or otherwise augment social utility, but to mete out just deserts, vindicate right, and express society's condemnation of actions it deems blameworthy. I argue that this theory best accounts for how we do punish, and then use this theory to provide immanent criticism of certain features of our actual practice that don't accord with the retributive principle. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:NOTE ON THE IDEA OF RELJ!GIOUS TRUTH IN THE CHRISTIAN TRADITION HE FOLOWING PAGES claim to be no more than provisional attempt to define a problem of considerble complexity within the Christian tradition. In this introductory note I shall meTely outline how the notion of the truth conveyed by faith soon,after it was established in the New Testament, developed a synthesis with Greek philosophy, at first Platonic, later Aristotelian. (...) In the nominalist crisis this synthesis broke down and two modes of " religious truth " emerged: one within faith with relatively little support from reason, and one of faith within a philosophy henceforth detaiched from theology. Since the nineteenth century we notice that philosophy and theology are moving towards a rapprochement while maintaining their relative aiutonomy. Philosophy appears more inclined to accept religious truth on its own terms without reducing it to an unsuccessful formulation of truth as defined in modern philosophy from Descartes to Kant. Theology, from its side, has increasingly stressed the unique experience implied in faith itself, thus allowing philosophy to include it in its own, general reflection on experience. In a more comprehensive study, to appear in a collective work edited by Daniel Guerriere, I intend to review actual and possible overtures in recent philosophical theories of truth which would rendeT such a rappmchement fruitful. First a word about the biblical context in which the New Testament idea emerged. The earliest articulation of truth in the Bible basically consists in a relation of faithfulness (emet) or :firmness-1a moral quality. Not surprisingly, truth also appears as a correspondence between word and fact-a relation that even to the uncritical mind appears problematic from the start. Thus in Prov1 erbs rn, 17 we read: " He who utters the truth affirms that which will stand; but a lying witness that 499 500 LOUIS DUPRE which will bring dis1a.ppointment." 1 But the more fundamental truth consists in God's steadfastness toward his people and in their participation in it by fidelity to a divinely revealed law.2 In some of the Psalms (such as Ps. 119) the correlation between the law and truth appears particulady clear: the law reveals to us God's fidelity (His truth) and its observance enables us to share in that 3 With the idea that truth requires entrusting one-self to a higher authority, a cognitive quality joins the moml one. We remain in the truth to the extent that we heed the revelation of God's truthfulness as expressed in His commands, and that our deeds, values and attitudes correspond to that divine disclosure. The idea of correspondence, then, which came to dominate the later cognitive discussion started out as a morral-practical one. The same could be said about the idea of coherence. Trust in God's providence and obedience in the Covenant unite all aspects of communal and individual exfatence. The sapiential literature in particular stresses the harmony of a life guided the law. The emphasis upon trust, obedience, and receptivity in the attainment of truth distinguishes the biblical conception from that modem one according to which truth originates in the knowing subject.4 Yet more and more tihe idea of truth as disclosure, that 1 Of course, some of the olcler wisdom literature appears to have consisted of a series of maxims considered useful for promoting a career in Court administration -a relatively" secular" affair. 2 Martin Buber identified the original meaning of faith as steadfastnesseven more than trust in a person. He sees this symbolically represented in the story of Moses' prayer during the battle with Abimelek. As long as his hands remained steady Israel retained the upper hand, but the hands of faith always grow weak and need support. a Ignace de la Potterie relates truth and law in a causal way. "La verite est un concept plus large, plus enveloppant; elle clesigne la r·ev·elation meme de la volonte divine et du mystere de Dieu; par contre la loi, les commanclements, les paroles de Dien, sont autant cl'expressions concretes de la volonte divine." La verite dans Saint Jean (Rome: Biblical Institute Press, 1977), p. 152. 4 Even when revived in the Reformation the older... (shrink)

Excerpt from The Three Conventions: Metaphysical Dialogues, Principia Metaphysica, and Commentary So long as we conceive the world to be only in the process of Becoming, so long will it be inevitable that all our world-conceptions be in constant flux. A world that never is but always to be cannot remain stable enough for a single moment to allow even of description, let alone of definition and interpretation; and a statement approximately true. Today may be anything but true tomorrow. Metaphysics (...) and Phi 1050phy, in these circumstances, are not so much as even guesses at truth, since the truth about a process of Becoming, if it be no more than that, can only be known when the process is complete, that is to say, when all life has ceased. They are, at best, a kind of meteorological prediction, but in a field vastly more complex than that of weather and, in consequence, at a vastly greater disadvantage than common mete orology. If, as is too. Generally assumed by modern science, what we call life is only Becoming, there is small wonder that Metaphysics and Philosophy proper should be regarded as fancies unworthy of serious attention. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

This is an advocacy essay that documents the undignified and inhumane conditions of social inequality to which the members of "Al-Akhdam" minority group are subjected in the Republic of Yemen. By focusing on the interaction between culture and collective violence, it examines the exclusionary socio-cultural and economic practices by which Al-Akhdam are denied basic human rights. In so doing, the article locates the root cause of such practices in ethnic prejudices; the Al-Akhdam are persecuted on account of their being of (...) African-descent in a country with an Arab-majority. Finally, the article advocates the protection of the collective human rights of the Al-Akhdam minority and proposes cogent measures for restoring social justice through the implementation of specific actions, including international condemnation of their persecution; official recognition of the violence meted to them; national international recognition and promotion of their rights; cessation of Yemeni government-supported policy of Al-Akhdam forced labor; formal extension of constitutionally-guaranteed economic and social rights and the establishment of a program designed to integrate them into the mainstream of Yemeni society. This list of concrete steps represents a practical advocacy plan for fostering changes in the conditions of Al-Akhdam in Yemen through numerous venues, including the Yemeni government, the United Nations, and local and international human rights NGOs. It is hoped that this documentation will significantly elevate international awareness of, and instigate responses to, the ethno-cultural violence being perpetrated against Al-Akhdam in Yemen. (shrink)

Death in the life of the samurai -- An introduction to Yamamoto Tunetomo's Hagakure -- The Hagakure -- A leisurely chat in the evening shadows -- A samurai must devote his heart firmly to bushidō -- Hardship is a beneficial experience -- There is nothing as deep as giri -- Close your eyes and think of your lord -- Death is a punishment not meted out lightly -- Even if it contains poison, what's the big deal? -- Naritomi Hyōgo's words (...) about achieving victory -- The quarrel (kenka) of Araki Kuzaemon -- You are weaker than you look -- "Victory or defeat is a trivial matter" -- Military strategies. (shrink)

An imperfect “politics of justice” seems to be inevitable in the aftermath of genocide. In Rwanda, this is especially true, given the scale of the atrocities, the breadth of participation, and the need to build a justice system from scratch while establishing security and restoring the rule of law. Official contexts for survivor testimony and corresponding perpetrator punishment are crucial for establishing shared norms and narratives, but these processes can destabilize social relations in important ways. Accordingly, without development, these justice (...) mechanisms can undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and has no recognitive force. Learning from Rwanda’s post-’94 transitional justice, broadly construed, I argue that without development, platforms for testimony and the meting out of punishment yield insufficient recognition and so undermine social stability and emerging cohesion. The converse is also true: without official contexts of testimony and judgment, development is only material support, and lacks crucial recognitive force. The crucial interdependence of development, which provides distributive justice, with criminal proceedings, which offer retributive and restorative justice, has the potential to secure a lasting and stable peace. (shrink)

When denial of medical treatment is being used as a lever to move people out of the country, ethicists and healthcare professionals should speak out.An ugly feature of political life throughout the Western world, and beyond, is the suspicion towards, and maltreatment of, migrants from poor to rich countries. People who would otherwise be horrified at being labelled racist nevertheless find it acceptable to support practices which can range from stigmatisation to confinement in brutalising conditions in “reception” and “removal” centres.1–5An (...) hour spent searching through government and NGO websites concerned with the treatment of asylum seekers and refugees in developed world countries is an hour well spent – but profoundly depressing. This is not only because of the frankly Orwellian language used by the governments of the UK and Australia , or because of the conditions and treatment meted out, but also because of the apparent support these practices have among the voting public. In the pointedly optimistic reports of Her Majesty’s Inspector of Prisons, for example, one can find praise for the fact …. (shrink)

Dateline NBC’s “To Catch a Predator”(2006-08) involved NBC staff working with police and a watchdog group called “Perverted Justice” to televise “special intensity” arrests of men who were lured into meeting adult decoys posing as young children, presumably for a sexual encounter. As reality television, “To Catch a Predator” facilitates public shaming of those caught in front of the cameras, which distinguishes it from fictional representations. In one case, a Texas District Attorney, Louis Conradt, shot himself on film, unable to (...) bear the public humiliation of cameras airing his arrest. The show engenders conflicting responses: Did the show fulfill a public service by informing the public about real dangers and deterring potential predators, or was it an insensitive effort to garner ratings by taking advantage of human weaknesses? Is the sort of public shaming it imposes an appropriate form of punishment given the legitimate purposes of punishment? Did the show portray justice, or did it entrap victims? How did NBC’s working relationship with local police bear on the answer to that question? This paper addresses these questions and develops three objections to the show: that NBC in effect metes out unjust punishment; that it invades privacy; and that it entraps. (shrink)

In his recent monumental book On What Matters, Derek Parfit argues for a hard determinist view that rejects free will-based moral responsibility and desert. This rejection of desert is necessary for his main aim in the book, the overall reconciliation of normative ethics. In Appendix E of his book, however, Parfit claims that it is possible to mete out fair punishment. Parfit’s position on punishment here seems to be inconsistent with his hard determinism. I argue that Parfit is mistaken (...) here, in a way that leads him to unjustified optimism about the possibility of fair penalization. Insofar as we take the free will problem seriously, we cannot reconcile a belief in the absence of desert with a belief in the fairness of penalization. (shrink)

Antony Duff’s The Realm of Criminal Law offers an appealing moral reconstruction of the criminal law. I agree that the criminal law should be understood to predicate punishment upon sufficient proof that the defendant has committed a public wrong for which she is being held to account and censured. But the criminal law is not only about censoring people for public wrongs; it must serve other purposes as well, such as preventing people from committing serious crimes and more generally from (...) violating reasonable regulations. These purposes, and perhaps retributive justice, require the criminal law also to mete out harsh treatment, but only insofar as such treatments are proportional to the culpable wrong committed. The problem for the criminal law is that many mala prohibita crimes consist of a minor wrong but also call for a relatively severe punishment. To accommodate that mismatch, it is necessary to complement the criminal law, as Duff and I conceive of it, with what I call “penal law.” Penal law relies on forfeiture to explain why hard treatment is permissible. The forfeiture must be fair, and it comes with its own proportionality limits. But those limits are not as strict as the limits implicit in the criminal law. It allows for penalties that are harsher than the punishments that could justifiably be meted out for many mala prohibita offenses. One and the same act can count as a crime and a penal infraction, and one and the same criminal justice system can and should handle both crimes and the penal infractions. It is, I think, only in that way that we can accommodate both the need to prevent public wrongdoing and the distinct importance of holding people accountable for the commission of public wrongs. (shrink)

One limitation of medical ethics modeled on ideal moral theory is its relative silence on the aftermath of medical error: not just on the recognition and avoidance of malpractice, wrongdoing, or other such failures of medical ethics, but on how to respond given medical wrongdoing. Ideally, we would never do each other wrong; but given that inevitably we do, as fallible, imperfect agents we require non-ideal ethical guidance. For such non-ideal contexts, Nancy Berlinger’s analysis of medical error and Margaret Walker’s (...) account of moral repair present powerful hermeneutical and practical tools toward understanding and enacting what is needed to restore relationships, trust, and moral standing in the aftermath of medical error and wrongdoing. Where restitutive justice aims to make injured parties whole and retributive justice to mete out punishment, reparative justice, as Walker describes it, “involves the restoration or reconstruction of confidence, trust, and hope in the reality of shared moral standards and of our reliability in meeting and enforcing them.” Medical moral repair is not without its challenges, however, in both theory and practice; the standard ways of holding medical professionals and institutions responsible for medical mistakes or malpractice function retributively and restitutively, either impeding or giving benign inattention to patient-practitioner relationship repair. This paper argues for the value of medical moral repair, while considering some complications of extending and synthesizing Berlinger’s and Walker’s respective accounts on medical error and moral repair. (shrink)

«All’interno di un genere umano ancora proteiforme e in divenire, sempre più persone percepiscono che cosa si stia preparando; la loro percezione cresce di giorno in giorno, e la conoscenza della crisi richiama in loro la sola controforza che può riuscire a elevare essi stessi a “signori” attraverso nuove mete, mete grandi e chiare, imponendosi su tali sediziosi mezzi. Questa controforza è quella che io chiamo il nuovo Umanesimo della fede ».

Una de las características de la función jurisdiccional, como potestad-poder del Estado, es la interpretación del ordenamiento jurídico y aplicarlo a la resolución de un caso concreto; es decir, el juez, al momento de impartir justicia, deberá realizar un análisis de la norma jurídica que pretende aplicar para dotarla de un sentido concreto y práctico. Es por ello que se puede afirmar que la interpretación judicial cumple una función innovadora del derecho, ya que el juez con éstas al dictar sentencia, (...) puede modificar el ordenamiento jurídico. El presente trabajo tiene como fin exponer que, por vía jurisprudencial, la Sala Constitucional del Tribunal Supremo de Justicia consideró necesaria la creación de un recurso autónomo de interpretación de normas constitucionales, lo cual trajo como consecuencia inmediata, la desestabilización de nuestro estado de derecho. Palabras clave: interpretación constitucional, interpretación de la constitución, Constitución, función jurisdiccional, recurso de interpretación Constitutional interpretation and interpretation of the constitutionThe fundamental aim of the State’s jurisdictional function is to interpret the legal system in order to apply it for solving concrete cases. The judge, when meting out justice, is to analyze the legal norm he intends to apply; he is to give it a concrete and practical sense. This is why it is said that legal interpretation is an innovative function of law, since the judge, upon issuing judgment, can whereby modify the legal system. This work aims to show that the Constitutional Division of the Supreme Court of Justice deemed necessary to create, by means of jurisprudence, an autonomous recourse of constitutional norm interpretation, which nevertheless has no legal grip whatsoever. This immediately brought about the destabilization of our state of law, along with the corresponding legal insecurity Keywords: Constitutional Interpretation, Interpretation of the Constitution, Constitution, Jurisdictional Function, Interpretation Recourse. (shrink)

In the history of philosophy, Jacques Rohault and Pierre-Sylvain Régis bear a twofold burden. They are professed followers, epigones. Worse yet, the natural philosophy they teach has been consigned to the Tartarus of fable: not a theory that failed, but something that failed even to be a theory. In the years in which they were turning Cartesianism into a system, Newton and Huygens were preparing its demise. Its empirical claims were refuted, its mathematics was rendered obsolete by the calculus, its (...) vortices and channelled magnetic particles met with the same rough justice Descartes meted out to Scholastic forms and qualities. Canonical history has little use for such figures. It prefers originals. Yet if ideas and arguments are not to seem to pass magically from one great mind to the next, we must have some account of the channels through which what was once novel and unique sediments into cliché and common ground. Those channels are not without bias and noise. Inevitably, currents from different streams meet and mix more or less coherently in the works of secondary figures, especially in the competitive intellectual world of the later seventeenth century, with its sometimes ferocious polemics fuelled by religious and political opposition. Cartesianism became a movement and—to use Leibniz’s word—a sect, divided within by disputes over the legacy of its founder, and facing opposition without from steadfast Aristotelians, pious theologians, and the avant garde of the new science. In Régis and Rohault Descartes’ legacy took the outward form of “system”. They present themselves as reworking Cartesian concepts and arguments into something coherent and comprehensive. Rohault, the more modest of the two, aims to reform the teaching of physics, still weighed down by the dead hand of Aristotle. He retains for the old philosophy only what is true and conjoin it with the new physics of Descartes, in whom France is no less fortunate than Greece once was in Aristotle (Rohault 1718, “Præfatio”).. (shrink)