This essay examines the inspiring career of the historian, philosopher and ethno-sociologist, candidate of philosophical sciences Dmitry Viktorovich Ushakov in connection with his 50th birthday. Besides the personal biographical information as a background, the article presents a verbal portrait of the Siberian scientist, his personal characteristics, the content of scientific and social life, and the origins of his research approach. Particular attention is paid to the pedagogical nature of D. V. Ushakov, the role of the research school and the (...) transfer of research experience in training would-be colleagues. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist in (...) the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

The question of constructing an evolutionary picture of the world based on the results obtained by extending classical mechanics is considered. The expansion of mechanics arose as a result of taking into account the role of the structure of bodies in their dynamics. It is shown that such an extension leads to the possibility of combining branches of physics, in particular, to the substantiation of the laws of thermodynamics, statistical physics, kinetics within the framework of the laws of classical mechanics. (...) It turned out that, according to the laws of classical mechanics, matter is infinitely divisible and can be represented by an infinite hierarchical structure from simple to complex. The expansion showed the existence of universal principles connecting the laws of the upper rung of the hierarchical ladder of matter with the laws of the lower rung. It is considered how they lead to the possibility of constructing a picture of the world based on the fundamental laws of nature. (shrink)

The article is devoted to the analysis of the upcoming reform of local self-government initiated by amend­ments to the Constitution of the Russian Federation (2020) and the Draft Federal Law No. 40361-8 «On general principles of the organization of local self-government in a unified system of public author­ity», submitted to the State Duma of the Russian Federation in December 2021. The purpose of the study is to identify and analyze trends in the development of the institutional organization of local self-govern­ment, (...) manifested in the context of the development of the new Draft Federal Law. It is shown that a special type of institutional organization is emerging in the sphere of domestic local self-government, which can be defined as institutional minimalism. Its main features are highlighted. It is concluded that the manifes­tations of institutional minimalism are possible only in the conditions of continuation of such trends as the strengthening state control and unification of local self-government, which previously existed, but were further strengthened in connection with the building of a unified system of public power. (shrink)

The Branch of Social Sciences of the Russian Academy of Sciences (RAS), the Institute of Sociology of the Federal Center for Theoretical and Applied Sociology of the RAS, the RAS Institute of Philosophy, and the RAS Institute of Psychology are arranging “Individualization and Collectivism in Contemporary Russian Society” scientific conference, to be held in Moscow, April 2024. The event marks the 300th anniversary of the Russian Academy of Sciences and the 95th birth anniversary of the (...) Russian philosopher and social theorist A.S. Akhiezer. Its primary objective is to foster the development of criteria for analyzing intersubjective relations within the act of social development. The conference’s focus on the investigation of social development is grounded in the dominants of contemporary philosophical-sociological non-classics and proposes several topics for discussion. These include the transition from the absolutization of Kant’s categorical imperative, which mandates the consideration of humans solely as the ultimate end in the system of intersubjective communication and the knowledge process, to an alternative consideration of humans as means of self-improvement and a crucial resource for social development (V.S. Bibler). It encompasses the rejection of absolutizing the function of contrasting faith and knowledge, the Self and the Other, the “own” and the “foreign,” scientific and everyday consciousness (V.A. Lectorsky, I.T. Kasavin, V.N. Porus). The interpretation of the meaning of personality shifts from concepts like cogito ergo sum, “pure Self,” “Self,” “Ego,” “Super-,” to the “ability of the Self to respond to the call of the Other,” thereby forming the smallest cell of the socio-individual as a synthesis of the social and the individual (M.M. Bakhtin, V.A. Lectorsky, R.S. Grinberg). Overcoming the established inequality of economic systems is addressed through the socio-individualism of small and medium-sized enterprises (A.S. Akhiezer, R.S. Grinberg). The conference also anticipates discussions on the following topics: How do the transfer and exchange of accumulated global knowledge from the individual to the other, and vice versa, contribute to the formation of small creative groups, serving as a communicative platform for nurturing socially oriented individuals – agents of social development? Moreover, how can dialogue be effectively constructed among participants of partnership relations who operate on differing premises (J.-P. Sartre)? The discussion is aimed at contemplating the contradictory, oxymoronic, yet dialogue and synthesis-oriented concepts of “individualization of the social,” “socially oriented individual,” and “socio-individualism.”. (shrink)

O artigo discute como Nietzsche compreende a instituição da lei e da moral em distinção a Kant e à tradição cristã. Ele argumenta que Nietzsche é, em grande medida, inspirado pela mudança de paradigma em direção a um pensamento biológico evolutivo, introduzido por diversos de seus colegas ao final do século XIX, entre os quais F. A. Lange, que vê esta mudança como uma sóbria alternativa científico-materialista a Kant. Em Nietzsche, a imperativa moral kantiana é substituída pela noção de uma (...) moralidade emergente graças a processos civilizatórios históricos ou pré-históricos, impostos a um ser humano de mente débil sem quaisquer disposições racionais inerentes a obedecer à Lei. Ela também é um processo que, em vez de universalizar o ser humano, o cinde em uma dualidade, em que uma parte obedece a antigos e imediatos interesses próprios, e a outra parte obedece a novos 'comandos', que lhe foram gritados 'aos ouvidos' por um chamado 'comandante'. A obediência à lei conduz a duas formas radicalmente diferentes em Nietzsche: indivíduos servis e medíocres precisam ser expostos à disciplina e à punição, para adotar a Lei; enquanto os chamados indivíduos 'soberanos' são capazes de impor a lei a si mesmos. A figura do 'soberano' vem consequentemente sendo o motivo de vigoroso debate, especialmente quanto à tradição anglo-saxônica em pesquisa por Nietzsche, uma vez que seu aparente 'respeito pela lei' e 'senso de dever' reiteram típicas qualidades kantianas. Em relação a essas discussões, sugiro que o 'soberano' de Nietzsche (em um contexto) seja idêntico ao 'comandante' (em outros contextos). Quando o 'soberano', como tal, impõe a lei a si mesmo e aos demais, sua ação é convencional e arbitrária (como a linguagem em Saussure), e é mais irracional que racional, como em Kant. Sua vontade não é uma vontade boa, nem uma vontade racional, com visão para a autonomia humana. Seu comando de si mesmo e dos outros é performativo, portanto, sem valor de verdade (como atos ilocucionários de fala em Austin e Searle). The article discusses how Nietzsche understands the institution of law and morals in distinction to Kant and the Christian tradition. It argues that Nietzsche to a large extent is inspired by the paradigm-shift toward a evolutionary biological thinking introduced by several of his peers in the late 19th century, among else F. A. Lange, who sees this shift as a sobering scientific-materialistic alternative to Kant. In Nietzsche, the Kantian moral imperative is replaced with a notion of a morality emerging thanks to historical, or pre-historical, civilizational processes, imposed on a feebleminded human without any inherent rational dispositions to obey Law. It is also a process, which rather than universalizing the human, splits it in a duality where one part obeys old immediate self-interests and another part obeys new 'commands,' having been shouted 'into the ear' by a so-called 'commander.' The compliance with law takes two radically different forms in Nietzsche: servile and mediocre individuals need to be exposed to discipline and punishment in order to adopt Law; while so-called 'sovereign' individuals are able to impose law upon themselves. The figure of the 'sovereign' has consequently been an issue for vigorous debate in especially the Anglo-Saxon tradition of Nietzsche research, since his apparent 'respect for law' and 'sense of duty' reiterate typical Kantian qualities. Relating to these discussions, I suggest that Nietzsche's 'sovereign' (in one context) is identical his 'commander' (in other contexts). When the 'sovereign' as such imposes law upon himself and others, his act is conventional and arbitrary (like language in Saussure), and is rather irrational than rational as in Kant. His will is not a good will, nor a rational will with a vision of human autonomy. His command of himself and others is a performative, thus without truth-value (like illocutionary speech-acts in Austin and Searle). (shrink)

Our universe, science reveals, began in utter simplicity, then evolved into burgeoning complexity. Starting with subatomic particles, dissimilar entities formed associations—binding, bonding, growing, branching, catalyzing, cooperating—as “self” joined “other” following universal laws with names such as gravity, chemical attraction, and natural selection. Ultimately life arose in a world of dynamic organic chemistry, and complexity exploded with wondrous new potential. Fast forward to human evolution, and a tension that had existed for billions of years now played out in an unprecedented arena (...) of conscious calculation and cultural diversity. Cooperation interleaving with competition; intimacy oscillating with integrity—we dwell in a world where yin meets yang in human affairs on many levels. In The Fractal Self, John Culliney and David Jones uncover surprising intersections between science and philosophy. Connecting evidence from evolutionary science with early insights of Daoist and Buddhist thinkers, among others, they maintain that sagely behavior, envisioned in these ancient traditions, represents a pinnacle of human achievement emerging out of our evolutionary heritage. They identify an archetype, “the fractal self,” a person in any walk of life who cultivates a cooperative spirit. A fractal self is a sage in training, who joins others in common cause, leads from within, and achieves personal satisfaction in coordinating smooth performance of the group, team, or institution in which he or she is embedded. Fractal selves commonly operate with dedication and compassionate practice in the service of human society or in conserving our planet. But the competitive side of human nature is susceptible to greed and aggression. Self-aggrandizement, dictatorial power, and ego-driven enforcement of will are the goals of those following a self-serving path—individuals the authors identify as antisages. Terrorist leaders are an especially murderous breed, but aggrandizers can be found throughout business, religion, educational institutions, and governments. Humanity has reached an existential tipping point: will the horizon already in view expand with cooperative progress toward godlike emergent opportunities or contract in the thrall of corrupt oligarchs and tribal animosities? We have brought ourselves to a chaotic edge between immense promise and existential danger and are even now making our greatest choice. (shrink)

As a leading scientist of the 13th century C. E. Quṭb al-Dīn Shīrāzī wrote three substantial works on hay'a (or the configuration of the celestial orbs): Nihāyat al-idrāk fī dirāyat al-aflāk ("The Limits of Attainment in the Understanding of the Heavens"), al-Tuḥfa al-shāhīya fī 'ilm al-hay'a ("The Royal Offering Regarding the Knowledge of the Configuration of the Heavens"), and Ikhtīyārāt-i Muẓaffarī ("The Muẓaffarī Elections"). Completed in less than four years and written in two of the classical languages of the Islamic (...) world, Arabic and Persian, these works provide a fascinating window to the astronomical research carried out in Ilkhanid Persia. Shīrāzī and his colleagues were driven by their desire to rid Ptolemaic astronomy from its perceived shortcomings. An intriguing trail of revisions and emendations in Shīrāzī's hay'a texts serves to highlight both those features of Shīrāzī's astronomy that were inherited from his predecessors, as well as his original contributions to this branch of astronomical research. As a renowned savant, Shīrāzī spent a large portion of his career near centers of political power in Persia and Anatolia. A study of his scientific output and career as a scholar is an opportunity, therefore, for an examination of the patronage of science and of scientific works within the Ilkhanid realms. Not only was this patronage important to the work of scholars such as Shīrāzī but it was critical to the founding and operation of one of the foremost scientific institutions of the medieval Islamic world, the Marāgha observatory. The astronomical tradition in which Shīrāzī carried out his research has many links, as well, to the astronomy of Early Modern Europe, as can be seen in the astronomical models of Copernicus. (shrink)

Author of "Kubla Khan" and the epic "The Rime of the Ancient Mariner," Samuel Taylor Coleridge is remembered principally for his contributions as a romantic poet. This innovative reconsideration of Coleridge's thought and career not only demonstrates his importance as a philosopher but also recovers romanticism as both an aesthetic and a political movement. Pamela Edwards radically departs from classic theories of Coleridge's development and reads his writing within the framework of a constantly shifting political and social landscape. Drawing on (...) the ideology, rhetoric, and institutional theory at the turn of the late British Enlightenment, Edwards unearths the fundamental continuities in Coleridge's writing during the revolutionary period of 1794 to 1834, paying particular attention to the rhetoric of Coleridge's pamphlet and miscellaneous writings, the journalism of the Napoleonic years, his philosophical and ultimately political treatises within the contexts of his notebooks and letters, and his readings and intellectual friendships. What emerges is a clearer understanding of Coleridge's political philosophy and his contributions to the origins and ideology of British Liberalism. Coleridge's interest in history, nature, and law as inherently interconnected projects producing an ideal or scientific reading of society reveals a developed progressive social and cultural state theory anchored in individual conscience, moral autonomy, and a civic and participatory human agency. If the Statesman could understand and finally master this scientific view of the world, he would be able not only to adjust political and social institutions to comprehend the historical contingencies of the moment but to see through the problem of the moment to the dynamic of change itself. (shrink)

The research analyzes the process of formation of the ethics committee as a new institution in the system of regulation of genetic research. The external factors of this process are the increasing digitalization of medical and research practices, as well as the special situation that is developing in the field of genomic research and the use of genetic technologies, where issues of philosophy, jurisprudence and administration have generated many fundamentally new, and sometimes unexpected contexts. The author shows the similarity (...) and difference of approaches to the inclusion of the ethics committee in the national regulatory systems of different countries and determines the prospects for further integration of the new institution into normative and administrative-regulatory and law enforcement practices. The research applies all the main methods of system analysis and structural and functional analysis, as well as the comparative legal method. At the stage of generalization of empirical material, the author turns to the means and methods of philosophical phenomenology and phenomenological sociology. The study revealed that the ethics committee may have different institutional and regulatory functions in a variety of management and legal systems. Being hybrid in nature, the ethics committee performs various functions, and in various state legal systems and traditions it can combine elements of legislative, executive and judicial power. At times, the ethics committee may go beyond the scope of both a purely administrative and exclusively legal regulator. All this indicates that the integration of this institution into the legal system and into a variety of social practices is far from being completed. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series (...) represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting (...) itself to be half dead and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

The single most important source for Second Temple Jewish exegetical traditions is the three commentaries series written by Philo of Alexandria. Wanting to understand Second Temple Judaism more fully, a group of scholars founded the Philo Institute in 1971 to explore those traditions. The following year they began publication of The Studia Philonica as a venue for their research; however, the significance of Philo's work soon captured the interest of a broader group of scholars and quickly opened the journal's (...) pages up to all aspects of Philonic studies. Six issues were released from 1972-1980 containing twenty-five articles, annual bibliographies, and abstracts of notable publications. The list of contributors is a who's who in Philonic studies in the 1970s and 1980s. After a lapse of almost a decade, the journal was revived as the Studia Philonica Annual, which is devoted to furthering the study of Hellenistic Judaism, in particular the writings and thought of the Hellenistic-Jewish writer Philo of Alexandria (ca. 15 b.c.e. to ca. 50 c.e.). Each year the Annual publishes the most current Philonic scholarship along with an extensive bibliography that is maintained by David Runia. (shrink)

From one of the most influential scientists of our time, a dazzling exploration of the hidden laws that govern the life cycle of everything from plants and animals to the cities we live in. The former head of the Sante Fe Institute, visionary physicist Geoffrey West is a pioneer in the field of complexity science, the science of emergent systems and networks. The term "complexity" can be misleading, however, because what makes West's discoveries so beautiful is that he has (...) found an underlying simplicity that unites the seemingly complex and diverse phenomena of living systems, including our bodies, our cities and our businesses. Fascinated by issues of aging and mortality, West applied the rigor of a physicist to the biological question of why we live as long as we do and no longer. The result was astonishing, and changed science, creating a new understanding of energy use and metabolism: West found that despite the riotous diversity in the sizes of mammals, they are all, to a large degree, scaled versions of each other. If you know the size of a mammal, you can use scaling laws to learn everything from how much food it eats per day, what its heart-rate is, how long it will take to mature, its lifespan, and so on. Furthermore, the efficiency of the mammal's circulatory systems scales up precisely based on weight: if you compare a mouse, a human and an elephant on a logarithmic graph, you find with every doubling of average weight, a species gets 25% more efficient--and lives 25% longer. This speaks to everything from how long we can expect to live to how many hours of sleep we need. Fundamentally, he has proven, the issue has to do with the fractal geometry of the networks that supply energy and remove waste from the organism's body. (shrink)

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building (...) modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based.. Autor u ovom radu nastoji da pokaze u cemu se sastoji sustinski karakter promenama koje se danas ostvaruju u savremenom srpskom drustvu, ukazujuci istovremeno, da i savremena srpska filozofija stoji pred tim sustinskim pitanjima, koja se bez njenog sudelovanja ne mogu na valjan nacin ni predociti, a kamo li da se mogu uvideti putevi njihovog razresenja. Kljucna razlika izmedju modernog zapadnoevropskog i savremenog srpskog drustva, sagledanog iz perspektive filozofije, najjasnije se pokazuje u nacinu konstituisanju institucija i nacina preobrazaja modernog srpskog drustva. U izgradnji modernih institucija filozofija, ne samo u nas, vec i na celom slovenskom istoku nije imala onu ulogu koju je imala u Evropi. U toj cinjenici nalazi se objasnjenje zasto su prirodna svest i izvorna obicajnost, iako znatno izmenjeni, ostali ipak neprilagodjeni i danas predstavljaju jednu od glavnih prepreka u uspostavljanju vladavine evropskog prava. Bez promene osecanja pravednosti i postovanja zakona nije moguce izvrsiti preobrazaj drustva u kojem pravo priznato od demokratske drzave ne bi moglo biti nadredjeno nikakvom umu. Kljucnu ulogu filozofije, autor ne vidi samo u uspostavljanju modernih evropskih institucija i prihvatanju nacela evropskog zakonodavstva, vec pre svega u njenom uticaju na preobrazaj izvornog etosa i uspostavljanje novih merila na kojima ce biti zasnovano promisljanje, odlucivanje i delanje svakog pojedinca.. (shrink)

The Communicational Theory of Law (CTL) usually differentiates between Legal Sociology and Legal Theory, in the sense that Legal Sociology is concerned with the social validity of the rules and Legal Theory with the formal or legal validity of the rules. It can be argued that both disciplines are two different perspectives of the same empirical reality (legal rules). Also, legal System and social milieu are two closely linked realities; they cannot be separated because they need each other. The Law (...) is the form or order that the social milieu takes, and, at the same time, the social environment provides the ideas, collective representations and other matters that need a legal regulation. For this reason, the epistemological separation between Sociology and Legal Theory must be overcome when the theoretical perspective comes to legal decisions. Thus, the decisional moment becomes the meeting point between the legal System and the social milieu. This is where the concept of the legal System fulfils its main function, as it allows for the dynamism and adaptability of the legal order. The hermeneutic re-elaboration of the normative texts will be the channel through which the social facts and other material elements can inform the meaning or possible interpretations of the rules and institutions of the legal order. This happens primarily by influencing theoretical and doctrinal works of an expository and didactic nature; and secondarily by influencing the decisions of legal operators and courts. This study seeks to explain how the social context influences legal decisions and the formation of the legal System, from a communicational perspective of Law. In order to do so, it will be necessary to set out two epistemological premises of CTL: the semiotic tripartition of the Theory of Law and the legal Order-legal System distinction. (shrink)

This paper examines the planning process and architecture of two public psychiatric institutions built around 1900 in Trieste and Lower Austria. From 1864, the building of new asylums was the responsibility of Crown land governments, which by the end of the nineteenth century had emerged as sites of power and self-presentation by minority groups and new political parties. At the same time, the area of asylum planning was establishing itself as a branch of asylum psychiatry and promoting the idea (...) of the asylum as model settlement, contributing to social reform. I analyse the interaction of psychiatrists, architects and government officials involved in planning the two institutions in the context of Crown land governments’ self-positioning within the empire and internationally . The Trieste asylum planners were working for a government controlled by Italian nationalists, but their desire for a ‘modern’ asylum turned them towards German models. The Christian Social government in Lower Austria sought to supplant Germany as the leader in this branch of science. The spatial arrangement and visual articulation of the two asylums is interpreted in the context of the interaction of psychiatry and the politics of regional autonomy. (shrink)

There are several reasons, according to which it is worth analyzing European administrative law. First, this is a rather new branch of law. Second, the European administrative law is treated in different countries from different legal traditions positions, consequently, any effort to unify the approach to it can provide a basis for a unified European administrative law model. Third, there are no works dedicated to the analysis of the phenomenon of the European administrative law in Lithuania. Therefore, this article (...) deals with the concepts of the European administrative law. It is stated that the comprehensive image of the European administrative law reveals three European administrative law concepts. The first concept of the European administrative law characterizes it as the European Union (hereinafter – EU) administrative law, the validity of boundaries of which can be based on three aspects – functional, institutional and procedural. The second concept of the European administrative law identifies it as the law of administrative cooperation., whereas the third concept allows the European administrative law to be seen as the law common to various public administrations of European countries – ius commune. The article focuses on the analysis of the above-mentioned three approaches and the EU set of administrative procedures as an instrument to promote the development of the EU administrative law. The author comes to the conclusion that the concept of the ‘European Administrative Law’ is broader than the concept of the ‘EU Administrative Law’. The European administrative law can be perceived not only as a part of law that establishes the EU administration’s administrative legal status, its’ activity principles, forms and methods, but also as a law of administrative cooperation between states, governmental and non-governmental organizations and various corporations, based on a wide range of multilateral treaties or conventions, which cross the limits of the EU. Moreover, the European administrative law can be understood as a law with common concepts, general principles characteristic to different European countries’ public administrations as well as a science, with the help of which diverse administrative legal systems of various countries could be compared. Taking into account the content of various working documents, the author draws the conclusion that for the further development of the EU administrative law the establishment of uniform operating rules for the EU administration in its’ relations with the society is of exceptional importance. There are a number of important reasons to develop the Law on administrative procedure of the EU. First, it is generally recognized that the EU needs common binding legislation that sets out clear operating rules of the EU administration in its’ relations with legal and natural persons, and that would increase the transparency of the EU administration and its’ accessibility to citizens. Second, the drafting of the law on administrative procedure of the EU lies in the legal framework as well; the importance of the article 298 of the Treaty of the Functioning of the European Union, the articles 41 and 42 of the Charter of Fundamental Rights of the EU as well as “soft” law (i.e. codes of good administrative behavior) are obvious here. (shrink)

This paper contributes to explaining the rise of logical empiricism in mid-twentieth century (North) America and to a better understanding of American philosophy of science before the dominance of logical empiricism. We show that, contrary to a number of existing histories, philosophy of science was already a distinct subfield of philosophy, one with its own approaches and issues, even before logical empiricists arrived in America. It was a form of speculative philosophy with a concern for speculative (...) metaphysics, normative issues relating to science and society and issues which later were associated with logical empiricist philosophy of science, issues such as confirmation, scientific explanation, reductionism and laws of nature. Further, philosophy of science was not primarily pragmatist in orientation. We also show, with the help of our historical characterization, that a recent account of the emergence of analytic philosophy applies to the rise of logical empiricism. It has been argued that the emergence of American analytic philosophy is partly explained by analytic philosophers’ use of key institutions, including of journals, to marginalize speculative philosophy and promote analytic philosophy. We argue that this use of institutions included the marginalization of speculative and value-laden philosophy of science and the promotion of logical empiricism. (shrink)

With over 150 alphabetically arranged entries about key scientists, concepts, discoveries, technological innovations, and learned institutions, the Oxford Guide to Physics and Astronomy traces the history of physics and astronomy from the Renaissance to the present. For students, teachers, historians, scientists, and readers of popular science books such as Galileo's Daughter, this guide deciphers the methods and philosophies of physics and astronomy as well as the historical periods from which they emerged. Meant to serve the lay reader and the professional (...) alike, this book can be turned to for the answer to how scientists learned to measure the speed of light, or consulted for neat, careful summaries of topics as complicated as quantum field theory and as vast as the universe. The entries, each written by a noted scholar and edited by J. L. Heilbron, Professor of History and Vice Chancellor, Emeritus, University of California, Berkeley, reflect the most up-to-date research and discuss the applications of the scientific disciplines to the wider world of religion, law, war, art and literature. No other source on these two branches of science is as informative or as inviting. Thoroughly cross-referenced and accented by dozens of black and white illustrations, the Oxford Guide to Physics and Astronomy is the source to turn to for anyone looking for a quick explanation of alchemy, x-rays and any type of matter or energy in between. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:History of Philosophy and History of Ideas PAUL OSKAR KRISTELLER THE TF.~MS "history of philosophy" and "history of ideas" are frequently associated in current public and professional discussions, and many statements seem to suggest that the two terms are more or less synonymous, or that the former term, being old-fashioned, might well be replaced with the latter which for many ears appears to have a more fashionable (...) and glamorous ring. Hence there arises the question what each of these terms really means, or what it should mean, and whether and to what extent it is justifiable to identify them with each other, to reduce the history of philosophy to the history of ideas, or to treat the former as a part or subdivision of the latter. I am not convinced that these questions can be answered through an appeal to ordinary usage since this usage is fluid and reflects at best the intellectual formulations and decisions of a remote or recent past. We may have reason to question the very validity of these decisions, and perhaps to suggest or make different decisions, and in case we are successful and obtain a reasonable amount of approval, these different decisions will be reflected in the ordinary usage of tomorrow, though not yet in that of today. The attempt to discuss the meaning and relationship of the history of philosophy and the history of ideas is obviously difficult and hazardous. It involves not only the discussion of such complicated notions as history and philosophy (and idea), but also the shifting balance of the intellectual globe that includes the continents or territories denoted by those terms, and even of the academic globe that purports to be, with varying success, its faithful image. In a short paper, I cannot hope to present an original or adequate discussion of these difficult problems, but merely try to raise a few questions which to my knowledge have not received sufficient attention and may be of interest to philosophers and historians. The history of philosophy has been of recurrent interest to philosophers and other scholars, especially in classical antiquity and again in the Renaissance period. It came to occupy a central place in European thought during the last century, especially in the wake of German idealism. Hegel recognized "history" as a major area of reality and of philosophical concern, as Vico and Herder had done before him, and thus left a living heritage not only to his followers down to Croce and Gentile, but also to Marx and his [1] 2 HISTORY OF PHILOSOPHY disciples, and to many other thinkers who cannot be called Hegelians. Hegel also did not conceive political history in isolation, but in his phenomenology and philosophy of the spirit came close to a concept of culture or civilization in which political and social institutions, religion and the arts, the sciences and philosophy are interrelated as manifestations of the same spirit and subject to the same "dialectical" laws of historical development. The vast progress which the historical disciplines made during the nineteenth and early twentieth centuries, not only in the field of political and economic history but in the history of languages and literatures, of the arts and religions, and of civilization in general was not influenced by Hegel's theories, but rather opposed to them. Yet this vast body of knowledge and of learning imposed itself as an epistemological problem to such thinkers as Dilthey, Rickert, and Cassirer. Finally, Hegel considered philosophical thought itself as dialectical, that is, in a certain sense as historical, and thus foreshadowed not only Mannheim's sociology of knowledge, or Croce's claim that philosophy and history are identical, but also Heidegger's conception of historicity as a basic aspect or dimension of human thought and being. Within such a framework, the history of philosophy occupies a significant and even a central position for the philosopher since it elucidates the basic stages through which philosophical thinking passed before it reached its present situation. Any attempt to grasp or answer our present philosophical prob- ]ems thus presupposes at least a general understanding of the historical developments which have prepared or produced these problems. In the English-speaking world, both... (shrink)

This paper investigates the phenomenon of judicial law-making in the practice of the highest courts dealing with criminal matters in Germany and Poland on the basis of 200 of their decisions. While German jurisprudence principally acknowledges the right of the judiciary to create new law, the Polish legal theory generally rejects this notion. Still, research indicates that, in practice, the differences in the frequency and intensity with which these courts pass creative rulings are not as substantial as the discrepancy in (...) the theoretical stance would suggest. Owing to circumstances, both the German Federal Court of Justice and the Polish Supreme Court are willing to create new legal norms, but the dimensions of judicial law-making presented by these bodies deviate from each other. In the research sample, the German Federal Court of Justice was more inclined to introduce legal institutions that were foreign to the statutes and rule against the will of the lawmaker explicitly stated in the preparatory works. On the other hand, the Polish Supreme Court used logical conclusions more often, but did not also refrain from passing rulings against the clear wording of the statutory law, and was just as willing to go beyond the wording of the law as was the German Federal Court of Justice. Notably, only the German apex court is willing to openly admit that it creates new legal norms, whereas the Polish Supreme Court does not concede in the reasons that its decisions are of a law-making nature, especially when it applies so-called “interpretation in the wider sense”—which is, in essence, a “concealed” way of creating new legal norms. (shrink)

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists (...) say might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

One of the major questions emerging in present-day reflections on politics is related to violence and its relation to institutional order and law. In the paper, an issue of concern for a very particular form of political conflict, that is, civil war, is addressed. Violence in politics, and particularly its specific form, that is, stasis, has been omitted from philosophical reflection on the origins of politics. Contrary to the traditional representation of the constitution of the political sphere, contemporary political (...) class='Hi'>philosophy attempts to grasp the fundamental place of violence in politics. This paper will analyze two major ways of representing politics: the traditional one, which suppresses violence, and the contemporary one, which brings to the forefront of reflection the presence of it. The comparison of these two depictions of politics affords us a comprehension of the evolution of contemporary reflection on politics, and deeply modifies how we understand politics. This article focuses on the reinterpretation of the view of politics offered by Nicole Loraux and Chantal Mouffe and discloses the influence of their reflection on our understanding of politics. (shrink)

The problem of God's subordination to laws of logic and mathematics in jewish philosophy and theology.

The present religious constitution of the Federal Republic of Germany is the product of protracted historical conflicts and political settlements that began in the sixteenth century. The mediation of these conflicts and settlements and the piecemeal establishment of the constitution was the achievement of imperial public law and diplomacy. Germany’s religious constitution—a secular and relativistic juridical framework protecting a plurality of confessional religions—pre-dated liberalism and democracy, and owes nothing to normative philosophical constructions of individual freedoms and rights, or social justice (...) and moral community. Rather, it was the product of a political compromise between warring confessional blocs, and of the institutions of public law that were the instruments and effects of this compromise. (shrink)

The question of the role of science in the development of our society, and the role of the social sciences in particular, loomed large in the decisions of the 23rd Congress of the CPSU. This was a consequence of the tasks posed by the present stage of the building of communism. The proceedings and decisions of the Congress emphasized the rapid advance of science, its increasing influence upon all aspects of the material and intellectual life of society, and the need (...) to assure high rates of scientific and technological progress on the basis of the growth of all branches of knowledge and the extensive introduction of the achievements of science into industry. In the Report of the Central Committee of the CPSU to the Congress, considerable attention was given to the social sciences, upon which the party is now placing even greater responsibility. "The elaboration of important problems in economics and politics, philosophy and sociology, history and law, and in other social sciences, in close association with the practical work of the building of communism," said L. I. Brezhnev, "is a most important task for Soviet scholars." Further, he emphasized: "The development of the social sciences and the introduction of their recommendations in practice play no less important a role than the employment of the achievements of the natural sciences in the sphere of material production and the development of the intellectual life of the people" . These statements call for thorough consideration. (shrink)

Two deficiencies characterize the vast critical literature that has accumulated around Dworkin's theory of law. On the one hand, the main lines of the debate tend to get lost in the crossfire of objections by critics and rejoinders by Dworkin — with little dialogue between the critics, or any systematic interrelation or resolution of these largely isolated disputes. On the other hand, such arguments on various points of Dworkin's Jurisprudence tend to neglect or obscure underlying issues in philosophical ethics. The (...) present essay is a critical analysis addressing each of these deficiencies in an attempt both to clarify and to advance the debate. The analysis hinges on three basic propositions: (1) that this debate in Jurisprudence has overlooked relevant issues about the nature of moral values; (2) that theories of law, in general, are best assessed in terms of separate descriptive and normative issues, corresponding to a fact/value distinction in ethics; and (3) that the debate on Dworkinian rights has assumed a confused and historically superficial contrast with the utilitarian tradition, in ethical theory as well as in philosophy of law. (shrink)

In their brilliant and thought-provoking book Recognizing Wrongs, John Goldberg and Benjamin Zipursky offer a vindicatory interpretation of the law of torts. As part of this, they offer a justification for what they call the “principle of civil recourse.” This is the principle that “a person who enjoys a certain kind of legal right, and whose right has been violated by another, is entitled to enlist the state’s aid in enforcing that right, or to make demands in response to its (...) violation, as against the person who has violated it.” To defend the principle of civil recourse, Goldberg and Zipursky appeal to three values: equality, fairness, and individual sovereignty. In this essay, we make two critical points. First, we argue that Goldberg’s and Zipursky’s defense errs by omitting a justificatory appeal to our moral rights and duties as part of the normative foundation of the tort law. Second, we argue that Goldberg’s and Zipursky’s arguments do not explain certain institutional features of the tort law, including the fact that legal duties of redress emerge only at the conclusion of court cases and the fact that lawsuits are opted int.o by tort victims who must initiate these actions themselves. To retain what is philosophically valuable in Goldberg’s and Zipursky’s impressive defense of the principle of civil recourse, we conclude with a strategic suggestion on their behalf: they should split their defense of the principle of civil recourse into two parts, with the first part justifying the existence of some institution of civil recourse or other and the second part justifying specific details that this institution should have. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral (...) action. This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

There are multiple and diverse voices of jurists who have expressed their fear of the unrestricted power of law enforcement and have announced the crisis of the formalist sense of Law. The widespread reaction against the abstract and formalist character of the positivist theory of law manifested itself as the Krausist philosophy of law and was backed by the philosophy of Krause, Schelling, Hegel and the most recent Natural Law theories that seek to establish substantial criteria for moral (...) action. This distrust was caused by the heteronomy of modest and obedient civil servants of the judicial order that rely on political balance of power in which nothing depends on the human bottom of institutions. Let us consider briefly the impressive analyses performed by different thinkers on this issue, which they considered characteristic of their era, but that continues to constitute a difficulty that challenges contemporary society. (shrink)

The aim of The Legal Foundations of Micro-Institutional Performance is to introduce the reader to a different way of thinking about economics that will allow them to both understand and apply legal concepts to economic analysis. To this end, it adopts and further develops Wesley Hohfeld's legal framework of jural (legal) relations as a tool of analysis. This analytical tool, as built into the Legal-Economic Performance framework, provides specific direction in identifying and describing interdependence among economic agents (including rights, duties, (...) liberties and exposure to various acts). The framework adopted and developed in this book relies on the concept of interdependence--that all economic agents are tied together in a legal system given the inherent interdependent nature of transactions in a complex modern global economy. The authors start by developing this framework and then apply it to a variety of settings and empirical examples. Using this new method, economists will be able to reshape their analysis to account for how legal systems and specific legal rules impact economic performance and outcomes. This approach will be of great interest to graduate and advanced undergraduate social science scholars, faculty interested in the intersections of law and economics and the application of legal concepts to impact analysis, and practitioners in the fields of policy, law and economics. (shrink)

If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The question that this Essay addresses (...) is related but narrower: if one starts from the proposition that the ticking bomb scenario demonstrates that a government official facing prosecution for torture may have available the necessity defense, what implications, if any, should the government be able to draw from the existence of the defense as it formulates its torture policy? This Essay discusses, and rejects, one common answer to this question—that the nature of the necessity defense is such that it can generate no forward-looking prescriptions. This Essay then advances a new argument on the basis of the nature and function of the necessity defense as not only spelling out morally permissible instances of harm infliction but also effecting a division of power between the state and citizens. (shrink)

Leo Strauss's Philosophy and Law contains a groundbreaking study of the political philosophy of Maimonides and his Islamic predecessors, and it offers an argument on behalf of that philosophy which is also a profound critique of modern philosophy. Here is an entirely new and complete English translation of Strauss's work, which takes as its ideal the exacting standards of accuracy that Strauss himself emphasized in his own work. It includes a prefatory essay introducing the argument of (...) each of the four sections of Philosophy and Law. This is a fresh and challenging treatment of the perennial conflict between reason and revelation, or philosophy and religion. Strauss's key contention in this book is that the most influential modern approaches to this conflict have run aground in ways that reflect their loss of key insights developed by the medieval philosophers of Islam and their Jewish pupils, especially Maimonides. Strauss challenges the modern view that scientific enlightenment must ultimately amount to atheism, and that therefore there can be no such thing as enlightened religion. Through a careful, original, and detailed treatment of central works of the medieval Islamic-Jewish tradition, especially Maimonides' Guide of the Perplexed, Strauss aims to recover their key insights into this question. (shrink)

In this article, Zhu Xueqin provides an overall view of Rousseau’s political philosophy as he discusses Rousseau’s notion of the general will, the social contract, and the differences between Rousseau and thinkers such as Hobbes and Locke. Zhu argues that Rousseau’s political philosophy is deeply flawed as it advocates a moralization of politics that seeks to build a heavenly kingdom on earth, an ideal that has left a significant imprint on the modern world.

The Human Fertilisation and Embryology Act 2008: a missed opportunity?Amel AlghraniCorrespondence to Dr Amel Alghrani, Institute for Science, Ethics and Innovation, Centre for Social Ethics and Policy, School of Law, University of Manchester, Oxford Road, Manchester, M13 9PL; [email protected] 16 September 2009 Accepted 24 September 2009 Regulating reproduction is no easy feat. In the past three decades we have witnessed a reproductive revolution and great strides have been made to alleviate the effects of infertility. Reproductive advances such as in-vitro (...) fertilisation , sex selection, reproductive cloning and embryo selection for the purpose of creating “saviour siblings” have all emerged as part of a rapid and ever-changing branch of medicine, each promising to upset the status quo and transform human reproduction.Following much activity in this area, the lengthy process of updating the legislation is now complete. The Human Fertilisation and Embryology Act 2008 received Royal Assent on 13 November 2008. The majority of the HFE Act 2008’s amendments will come into force in October of this year, with the exception of the provisions pertaining to parenthood, which commenced in April 2009. Welcoming Royal Assent, Professor Lisa Jardine, Chair of the Human Fertilisation and Embryology Authority, stated:“This is a momentous day for the HFEA and for those with fertility problems. The regulatory system that has served us so well has been renewed. Parliament has provided a clear framework for the future and a solid base on which to regulate 21st century practice within 21st century law.”1However, as scientific endeavours into developments such as artificial gametes, womb transplantation and ectogenesis continue apace, it could be argued that Jardine was perhaps overly optimistic about the achievements of the new legislation. The HFE Act 2008 is an amending statute, and as Jackson 2 notes “much of the regulatory architecture” in the 1990 legislation “remains intact”. In retaining the architecture of the 1990 legislation, and merely amending or adding certain provisions, has the government missed an ideal opportunity to consider how to equip the regulatory framework for the next phase/era of assisted reproduction?The next …. (shrink)

Machine generated contents note: 1. Introduction; 2. Peace; 3. Rule of law; 4. Human rights; 5. Democracy; 6. Liberty; 7. The institutional ethos of the EU; 8. Towards the EU as a just institution; 9. Concluding proposals.

As a practising lawyer and judge, it is the insights gained from Stephen's own experience that give an added practical dimension to this work. As well as his accounts of the history of the branches of the law, Stephen gives several fascinating analyses of famous trials, and explores the relation of madness to crime and the relation of law to ethics, physiology, and mental philosophy. His discussion also includes the subjects of criminal responsibility, offences against the state, the criminal (...) jurisdiction of the Privy Council, libel, Indian criminal law and offences against religion. (shrink)

In the wake of Brexit and Trump, the debate surrounding post-truth fills the newspapers and is at the center of the public debate. Democratic institutions and the rule of law have always been constructed and legitimized by discourses of truth. And so the issue of "post-truth" or "fake truth" can be regarded as a contemporary degeneration of that legitimacy. But what, precisely, is post-truth from a theoretical point of view? Can it actually change perceptions of law, of institutions and political (...) power? And can it affect our understanding of society and social relations? What are its ideological premises? What are the technical conditions that foster it? And most importantly, does it have anything to teach lovers of the truth? Pursuing an interdisciplinary perspective, this book gathers both well-known and newer scholars from a range of subject areas, to engage in a philosophical interrogation of the relationship between truth and law. (shrink)

The article analyzes the forms of public participation in the implementation of local self-government at various stages of municipal reform. It studies the consolidation of various forms of participation in federal laws on local self-government. The analysis of data from the annual Monitoring of the development of the local government system has been carried out, which makes it possible to assess the real prevalence of various forms of public participation. It is shown that the new Draft Law on local self-government (...) reinforces the general trend towards reducing the municipal sphere and simplifying the institutional organization of local self-government. This, in turn, leads to a reduction in the total number of forms of public participation in self-government, a reduction in their demand and a reduction in the space of deliberative democracy as a whole. At the same time, there is a reduction in both power and advisory forms of participation. (shrink)

Collective Action, Philosophy and Law brings together two important strands of philosophical analysis. It combines general philosophical inquiry into collective agency with analyses of specific questions about plural entities and activities in the legal domain. These are issues of growing interest in areas of philosophy like action theory and social ontology, as well as in philosophy of law. The book contains thirteen original chapters written by an international team of leading philosophers and legal theorists, and is divided (...) into four clear parts: The nature of law and of legislative intention Practical reasoning and duties Causality, blameworthiness, and responsibility Citizens, states, and institutions. These sections cut across, and build on, different accounts to advance the debate on classical and new issues in collective agency. Each part also features legal-philosophical analyses that draw on general accounts of collective agency to cast new light on the law, descriptive as well as normatively. Collective Action, Philosophy and Law is the first major interdisciplinary and multi-authored work bridging legal and philosophical approaches to collective agency. As such, it is essential reading for students and researchers of philosophy of law, ethics, political philosophy, jurisprudence, and legal theory. (shrink)

Up to now, China's painting has not completely shaken off the influence of the spirit of European philosophy or a fundamental change in the way of viewing. The spirit of the unity of subject and object in ancient China philosophy influenced the formation and development of China's paintings. Since China Art Institute introduced figurative expressionism, a new art, into the contemporary art education system of China, it has shown its unique value in professional theory and practical skills. (...) It not only provides new opportunities for reforming contemporary art education in China but also adds a new development direction for contemporary oil painting art in China. This article attempts to reveal the existence and artistic concept of violence in contemporary Chinese oil painting through the description and analysis of painting images and artists' emotional expression, combined with interviews with artists. Based on the development of contemporary Chinese society, the rise of new literary and artistic trends, and the influence of western painting, this paper analyses the historical causes of violence in contemporary Chinese oil painting, and examines the value of contemporary Chinese oil painting in terms of aesthetics and sociology. Therefore, establishing cultural core values is still the indispensable spiritual power of contemporary artists' artistic creation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 40.1 (2002) 116-118 [Access article in PDF] Book Review Pyrrho, His Antecedents, and His Legacy Philo of Larissa: The Last of the Academic Sceptics Richard Bett. Pyrrho, His Antecedents, and His Legacy. New York: Oxford University Press, 2000. Pp. x + 264. Cloth, $60.00. Charles Brittain. Philo of Larissa: The Last of the Academic Sceptics. New York: Oxford University Press, 2001. Pp. (...) xii + 406. Cloth, $60.00. These two books demonstrate once again that the ancient skeptics could indeed live their skepticism. In recent decades Myles Burnyeat, Benson Mates, and too many others have retailed the old canard that the skeptic cannot live his skepticism, but here we have two branches of ancient skepticism that sound quite liveable. Both books are subtle and brilliant examples of the genre of reconstructing philosophy from meager and fragmentary evidence.Bett's book follows up on the case he made in his 1997 translation of Sextus Empiricus's Against the Ethicists for three stages in ancient Pyrrhonism. The first is that of Pyrrho (ca. 360-ca. 270 B.C.), a dogmatist who held what Bett labels the indeterminacy thesis: we do not know anything because the world is indeterminate and thus we cannot know it. The second is a similarly dogmatic stage under Aenesidemus (first century B.C.), also followed by Sextus in Against the Ethicists. The third is the more thoroughly skeptical suspension of judgment of the mature Sextus of the Outlines of Pyrrhonism (second century A.D.). Bett points out that it would indeed be odd if Pyrrhonism had not evolved in any way in five hundred years. What was unique throughout the tradition was the connection drawn between indeterminacy or suspension of judgment and the goal of ataraxia or tranquility (179, 220).Bett tries to avoid reading later concerns back into the earlier materials, and reevaluates the later materials based on his new reading of the earlier. He argues that Pyrrho's indeterminacy thesis was a metaphysical claim, not an epistemological one. One benefit of [End Page 116] understanding Pyrrho this way is that he does not make a self-refuting exception to his epistemological skepticism for his own claims. Rather, he can just admit to being a kind of dogmatist. Then, Pyrrho's ethical dogmatism is also perfectly consistent. Bett draws a picture of Pyrrho's practical life that rejects the walking-off-of-cliffs apocrypha, but accepts evidence of a quasi-Cynic, anti-theoretical lifestyle. Pyrrho's rejection of social norms puts him at odds with Sextus's later use of laws and customs as guides to behavior. There are still further questions here: why was Pyrrho in particular such a hero to philosophers, if most (or at least many) people are resolutely non-theoretical?Bett points out that Pyrrho gives us no reason to think that the abandonment of theories and opinions must always lead to tranquility (81). But in another connection, he recognizes that temperament may be decisive (111), and that may be the deciding factor here, too. There is no answer to people who say that abandoning theories makes them nervous: the Pyrrhonians simply say that it makes them tranquil. Irreducible differences in temperament may also explain why Pyrrho did not bother with theoretical controversy and Sextus revelled in it.Among other points, Bett discourages all but the most general case for an influence from India on Pyrrho. Bett's thumbnail comparisons between Pyrrho and each of Aristotle, Plato, the Eleatics, Xenophanes, and others show that Pyrrho's philosophy was not at all extraordinary for its time and place. Most philosophers expected claims about nature to be invariable and without qualification (118). Bett says this is odd by modern standards (197), but even today scientific laws are said to apply to all times and all places.The title of Bett's book will mislead some readers. If you are a specialist and your world revolves around ancient philosophy, you will be satisfied that Pyrrho's "legacy" includes Aenesidemus and ends... (shrink)

Is the institution of private property part of the natural law? Leo XIII seems to say simply that it is, and many modern Catholic thinkers have followed suit. Aquinas presents a more nuanced view. On the one hand, he denies that the institution of private property is “natural” in the strict sense—unlike the ordering of physical goods to general human use. On the other hand, he maintains that private property does belong to the ius gentium, which is founded directly upon (...) natural law in the strict sense. I argue that this relegation of private property to the ius gentium is necessary in order for Aquinas to coherently maintain that it is licit to “steal” when in dire need, but that this relegation nonetheless does not deprive private property of the kind of “natural” character which Leo XIII ascribes to it. (shrink)

The article emphasizes the cultural and educational importance of H. Skovoroda Institute of Philosophy for the spiritual development of the Ukrainian society, especially in the direction of democracy and establishment of the worldview culture as a requirement for the culture of freedom. From the position of the included observer the author of the article describes some episodes of relationship in the scientist’s communities which can be defined as justice and solidary community. On the basis of the Heidegerian scheme, (...) some dangers are analyzed as demands addressed to philosophical thinking. This scheme is used by structuring of the article. The metaphoric of these dangers indicates the contextual problems which are important for producing of philosophical ideas. The experience of the Institute of Philosophy gained by solving of problems is very remarkable for the fulfillment of philosophical studies and educational practices especially by mentoring of the postgraduate students. The fact of naming the Institute after H. Skovoroda is regarded as a symbolic act with a great creative potential and energy which can be used for reviving of national traditions of philosophical thinking. The role of lyric in activating of philosophical ideas is showed. The symbiotic coexisting of the poetry, art, journalism and philosophy is one of the original features of the Skovorodian tradition caring by the well-known representatives of the Institute. All these characteristics joined with the civic culture, which was demonstrated by all generations of the Institute, allow defining it as a metaphysical place with the ability both to follow on the road of the way of light and to represent it on the landscapes of philosophical science and education. The history of the Institute, especially, in the period of its post-totalitarian transformations, gives the opportunity of taking comparison with the Institute for Social Research Frankfurt. The civic courage of the Ukrainian intellectual elites was always initiated, supported and generated by philosophers gathering in Institute of Philosophy. (shrink)

The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus (...) the interaction of legal and moral obligations and the legitimacy of state authority. This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

The article is devoted to the problem of social exist- ence normativity. In the comparative analysis of the philosophy of law, humanities and social studies, the foundations of the ontological rootedness of the norm in human existence have been evidently found. The hypothesis of the study is that the norm is not a special way of regulating behavior, but is the main form of human existence. The ontological nature of the norm outside the semantic aspect of its individual manifestations (...) is revealed. For this purpose, the basis of the analysis is determined by the Decalogue, where for the first time an attempt was made to consolidate the “pure” norm. It is shown that the norm is born in the dialectic of pro- hibition and obligation in the reflexive processes of actions of a social subject. An attempt is made to comprehensively analyze the normativity of social existence. (shrink)

Philosophy is the soul of art, and art is great because of philosophy. All kinds of philosophical thoughts seep into artists' minds like water flooding the beach, affecting their world outlook and outlook on life, and providing theoretical guidance for their artistic creation from aesthetic thoughts to creative methods. Beethoven used musical language to express the deepest worries in the hearts of the advanced people of his time. This paper attempts to explore the internal development law of art (...) philosophy from the perspectives of the orientation of art philosophy, the aesthetic construction of "meaningful form" and "poetic dwelling" of art philosophy, the thinking of the final conclusion of art philosophy, the development destination of art philosophy, and the integration and development. In the long history of art development, the form and function of art are constantly changing. Philosophy provides a continuous source of creative ideas for art and works of art often show profound philosophical views. Kant's lofty aesthetic concept affects the infinite emotional capacity in Beethoven's music. However, the expression of the ubiquitous contradictions and conflicts in Beethoven's music is also deeply influenced by Kant's view of nature. In Beethoven's view, the development of the universe is similar to a person's mental journey, and its essence is also a large symphony or sonata. (shrink)