This unique publication outlines the development of legal theory from pre-Roman times to the twentieth century. It aims to relate the evolution of legal theory to parallel developments in political history, and accordingly offers the reader an account of relevant contemporaneous political, religious, and economic events. Each chapter commences with a general historical background for the relevant period, and discusses how political events and political and legal theory are both related to one another and occasionally influence one another.No other English (...) publication aims to anchor legal theory to contemporary general history in this way, shunning the more conventional approach to legal theory via the study of 'traditions' or 'schools', and it is hoped that this study will provide a much-needed basic text for students of jurisprudence, legal theory and politics. (shrink)

We seek to constitute the extended mind’s fourth wave, socially distributed group cognition, and we do so by thinking with Hegel. The extended mind theory’s first wave invokes the parity principle, which maintains that processes that occur external to the organism’s skin should be considered mental if they are regarded as mental when they occur inside the organism. The second wave appeals to the complementarity principle, which claims that what is crucial is that these processes together constitute a cognitive system. (...) The first two waves assume that cognitive systems have well-defined territories or boundaries, and that internal and external processes do not switch location. The third wave rejects these assumptions, holding instead that internal processes are not privileged, and internal and external processes can switch, and that processes can be distributed among individuals. The fourth wave would advocate socially distributed group cognition. Groups are deterritorialized collective agents; they are ineliminatively and irreducibly real, they have mental states. Individuals constitute groups, but groups also constitute individuals. What counts as an individual and a group is a function of the level of analysis. And they are conflicted. (shrink)

We offer obeisances to Lord Śiva, guru of knowledge, lord of the dance, who purifies by the very utterance of his name, who transcends all dualities. May he grant us permission to argue with his devotees. May he also give us his blessings to convince them.Properly speaking, comparative philosophy does not lead toward the creation of a synthesis of philosophical traditions. What is being created is not a new theory but a different sort of philosopher. The goal of comparative philosophy (...) is learning a new language, a new way of talking. The comparative philosopher does not so much inhabit both of the standpoints represented by the traditions from which he draws as he comes to inhabit an.. (shrink)

This Is A New Release Of The Original 1911 Edition.

In lieu of an abstract, here is a brief excerpt of the content:Readymades, Monochromes, Etc.:Nominalism and the Paradox of ModernismJ. M. Bernstein (bio)If Schopenhauer's thesis of art as an image of the world once over bears a kernel of truth, then it does so only insofar as this second world is composed out of elements that have been transposed out of the empirical world in accord with Jewish descriptions of the messianic order as an order just like the habitual order (...) but changed in the slightest degree.—T. W. Adorno, Aesthetic TheoryAdorno's philosophy as a whole, and his aesthetic theory in particular, is irrevocably bound to the tradition and achievements of high modernism. Although Adorno himself did not recognize American Abstract Expression as the apotheosis of high modernism in painting, that judgment now hardly seems contentious.1 And that raises a problem: it is the problem of R. Mutt, again, the problem of the porcelain urinal called Fountain, which was refused admittance to the Society of Independent Artists' Exhibition in April 1917 in spite of the Society's proclaimed democratic slogan "No jury, no prizes"—the work whose life or after-life begins with the beautiful photograph of it by Stieglitz set against the background of Marsden Hartley's The Warriors and that appeared shortly thereafter in the new avant-garde journal The Blind Man. Whatever the immediate repercussions of Fountain, there can be little doubt that much of what is most vital in art in the second half of this century is unthinkable without it; Duchamp's readymade offers an exemplary alternative to the tradition of high modernist painting that has continued to be generative. For a modernist like Adorno, for whom authentic art is that which best rises to the demands and necessities of artistic materials, for whom internal consistency and rigor would appear to be everything, for whom, finally, aesthetic form is the "objective organization within each artwork of what appears as bindingly eloquent" [AT 143; emphasis mine], Duchamp's gesture of simply naming or claiming artistic status for an ordinary bathroom fixture must be anathema. In this respect, Adorno's aesthetic theory would seem to be in the same predicament as Clement Greenberg's modernism: inextricably bound to a tradition that history has left behind. And while the option of refuting the claim of Fountain is certainly possible, and should not be too quickly suppressed (there is something in the claim that will forever be skeptically self-defeating), nonetheless there does appear to be an exemplariness to Fountain that exceeds the narrow provocation of Duchamp's nominalist gesture; something in the readymade, in fact, seems (art historically? aesthetically? conceptually?) irresistible. If so, then modernist [End Page 83] formalism must either find a way of accommodating the readymade without departing from its internal logic or find its claim to our attention forfeited.After laying out the bold outlines of Adorno's formalism, the remainder of this essay will seek to uncover an account of the readymade in the context of what I will eventually call "the paradox of modernism" in order to locate in what way the readymade can be accommodated to a defense of Adorno's late modernism. For the purposes of this argument, I am going to assume that the best overall defense of Duchamp's gesture, which makes it foundational for the understanding of modern art, is that offered by Thierry de Duve in his Kant after Duchamp. My elaboration of Adorno's late modernism will hence proceed, in part, through a charting of some of the fault lines in de Duve's Duchamp. My contention shall be that the generativity of Fountain as readymade not only belongs within modernism, but is only intelligible within a wholly modernist and formalist frame of reference.Adorno's Formalism and the Material MotiveAdorno opens the section of Aesthetic Theory entitled "Coherence and Meaning" with the drastic sounding thesis that "Although artworks are neither conceptual nor judgmental, they are logical" [AT 136]. He continues:In them nothing would be enigmatic if their immanent logicality did not accommodate discursive thought, which criteria they nevertheless regularly disappoint. They most resemble the form of a syllogism and its prototype in empirical thought. That in the temporal... (shrink)

It is impossible to deduce the properties of a strongly emergent whole from a complete knowledge of the properties of its constituents, according to C. D. Broad, when those constituents are isolated from the whole or when they are constituents of other wholes. Elanor Taylor proposes the Collapse Problem. Macro-level property p supposedly emerges when its micro-level components combine in relation r. However, each component has the property that it can combine with the others in r to produce p. Broad’s (...) nondeducibility criterion is not met. This article argues that the amount of information required for r is physically impossible. Strong Emergence does not collapse. But the Collapse Problem does. Belief in Strong Emergence is strongly warranted. Strong Emergence occurs whenever it is physically impossible to deduce how components, in a specific relation, would combine to produce a whole with p. Almost always, that is impossible. Strong Emergence is ubiquitous. Word counts. (shrink)

Using Putnam’s brain-in-a-vat thought experiment, this article argues that interpretations which assert that Hegel’s philosophy, or some portion of it, develops inan entirely a priori manner are incoherent. An alternative reading is then articulated.

Level of processing and generation effects were replicated in separate experiments in which recognition memory was tested using either short (500 ms) or long (1500 ms) response deadlines. These effects were similar at each deadline. Moreover, at each deadline these effects were associated with subsequent reports of remembering, not of knowing. And reports of both knowing and remembering increased following the longer deadline. These results imply that knowing does not index an automatic familiarity process, as conceived in some dual-process models (...) of recognition, and that both remembering and knowing increase with the slower, more controlled processing permitted by the longer response time. (shrink)