The issue of interpretation is one of the major themes in the study of law and legal practices. Nonetheless, while legal interpretation plays a crucial role in the study of law, scholars have yet to reach an agreement about its nature and status in the discipline. One of the most prolific legal philosophers who is deeply engaged in the discourse of this issue is Ronald Dworkin. This article will examine his views on law as an interpretation. The constructive interpretation model (...) that Dworkin develops has posed a serious challenge for analytical jurisprudence in general, and especially, for legal positivism. The challenge is substantive and methodological; substantive, in the sense that it seeks to radically criticize a sharp separation between law and morality as prevalent in legal positivism, and methodological in the sense that it seeks to put together the analysis of legal concepts with the interpretation of law as it is regarded from the perspective of particular legal cases. Through the concept of law as interpretation, Dworkin wishes to formulate his own understanding of law as a coherent system of legal principles. Keywords: Ronald Dworkin, constructive interpretation model, external and internal skepticism, theory of law, rights thesis, difficult cases. Abstrak: Persoalan interpretasi merupakan salah satu tema besar dalam studi hukum dan praktik hukum. Kendati demikian, sementara interpretasi hukum memainkan peran krusial dalam studi hukum, para pakar masih belum sepakat mengenai hakikat dan kedudukannya dalam disiplin ilmu tersebut. Salah seorang ahli filsafat hukum yang sangat produktif dan sangat serius menggeluti persoalan ini adalah Ronald Dworkin. Artikel ini akan mengkaji pandangan Dworkin tentang hukum sabagai sebuah interpretasi. Model interpretasi konstruktif yang dikembangkan oleh Dworkin merupakan tantangan yang sangat serius bagi yurisprudensi analitis pada umumnya, dan khususnya bagi positivisme hukum. Tantangan ini bersifat substantif dan metodologis. Bersifat substantif dalam arti bahwa Dworkin mengkritik secara radikal pemisahan yang begitu tajam antara hukum dan moralitas seperti lazim terjadi dalam positivisme hukum. Tantangan ini juga bersifat metodologis dalam arti bahwa tantangan tersebut berkehendak menyatukan analisis atas konsep hukum dengan interpretasi terhadapnya, dipandang dari perspektif kasus-kasus hukum partikular. Melalui konsep hukum sebagai interpretasi, Dworkin ingin memformulasikan pemahamannya tentang hukum sebagai sebuah sistem prinsip-prinsip hukum yang koheren. Kata-kata kunci: Ronald Dworkin, model interpretasi konstruktif, skeptisisme eksternal dan internal, teori hukum, tesis hak, kasus-kasus sulit. (shrink)

v. 1. Dualism in the Archaic and Early Classical periods of Greek history -- v. 2. Dualism in the political and social history of Greece in the fifth and fourth century B.C. -- v. 3. Dualism in Greek literature and philosophy in the fifth and fourth centuries B.C. -- v. 4. Dualism in the ancient Middle East -- v. 5. A cultural history of Dualism -- v. 6. Dualism in the Hellenistic world -- v. 7. Dualism in the Palestinian-Syrian region (...) during the first century A.D. until. ca. 140 -- v. 8. Gnostic dualism in Asia Minor during the first centuries A.D. (2 v.) -- v. 10. Dualism in Roman history: 1. Imperialistic dualism -- v. 11. Dualism in Roman history: 2. Dualism in interior politics and social life -- v. 12. Dualism in Roman history: 3. The Christian church in conflict with the Roman Empire and with Judaism -- v. 13. Dualism in Roman history: 4. The struggle between orthodoxy and heterodoxy in the early Christian church -- v. 14. Dualism in Roman history: 5. Enemies of the Roman Order -- v. 15. Imperialism in medieval history I : dualism in Byzantine history, 476-638 and dualism in Islam, 572-732 -- v. 16. Imperialism in medieval history II : dualism in German history I -- v. 17. Imperialism in medieval history III : dualism in German history II -- v. 18. The dualism of the Christian and Muslim worlds during the middle ages -- v. 20. Gnostic-dualistic tendencies in the history of medieval Europe -- v. 21. Dualism and non-dualism in medieval theology and philosophy. (shrink)

In Queer Marxism in Two Chinas Petrus Liu demonstrates how queer Marxist critics in China use queer theory as a non-liberal alternative to Western models of queer emancipation, and in doing so, he revises current understandings of what queer theory is, does, and can be.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 47, no. 2. © 2021 by Feminist Studies, Inc. 341 Petrus Liu Thinking Gender in the Age of the Beijing Consensus Originally formulated to dispute biologically deterministic explanations of women’s subordination, the analytical distinction between sex and gender has developed in unexpected ways in transitions from one language to another. Drawing on a wide range of sources, from John Money’s sexological writings to Simone de Beauvoir’s (...) dictum, “One is not born a woman, but rather becomes one,” Anglophone feminists in the 1970s developed the distinction between sex (understood as anatomy) and gender (understood as social identity) to argue that a woman’s biological sex ought not dictate the kind of work she should do or the kind of life she should live.1 In her landmark 1975 essay, “The Traffic in Women,” Gayle Rubin coined the phrase “sex/gender system” to examine “the set of arrangements by which a society transforms biological sexuality into products of human activity, and in which these transformed sexual needs are satisfied.”2 In more recent years, however, the distinction 1. Simone de Beauvoir, The Second Sex (Paris: Gallimard, 1949; New York: Knopf, 1993), 281. Citations refer to the Knopf edition. For an account of feminist reformulations of John Money and Robert Stoller, see Jennifer Germon, Gender: A Genealogy of an Idea (New York: Palgrave Macmillan, 2009). 2. Gayle S. Rubin, Deviations: A Gayle Rubin Reader (Durham, NC: Duke University Press, 2011), 34. It is worth mentioning that sex in Rubin’s sex/gender system refers to sexual practice rather than the distinction between male and female. This understanding forms the basis of her theoretical disagreements with Judith Butler, who preserves the semantic ambiguity of sex (as 342 Petrus Liu between sex and gender has taken on an entirely different meaning as it comes to inform transgender movements and politics seeking to decouple a person’s sex assignment at birth from their future gender identity. At the same time, theories of intersectionality, women-of-color feminisms, and transnational feminisms have all developed their own theses of gender variability to contest the myth of the universal woman. The life of gender—in academic theory, politics, and social movements— has confounded the original intentions of its American theorists. It is clear that there is no singular or stable account of gender; rather, gender is always in a state of flux, incessantly rethought and reforged by the demands of an increasingly complex and asymmetric world.3 Gender is always a translation—from one discipline, context, or language to another—ineluctably intertwined with the geopolitical problems created by the violences of imperialism, colonialism, and transnational capitalism. The translation of gender into non-European languages, such as Chinese, raises questions about whether spaces previously resistant or exterior to world capitalism are now being assimilated and enfolded into the structure of neoliberal globalization defined by the Washington Consensus. Against this view, some critics maintain that China’s precipitous ascent presents an alternative model of development for the Global South called the Beijing Consensus. Considering how gender has entered different languages, including Chinese, to create new coinages that may at times appear as instruments of an imperial takeover, Judith Butler argues that the translation of gender actually offers a path of linguistic humility for English, a reminder that we cohabit a multilingual world in which no one ever owned the term.4 But how exactly do we describe that complex, multilingual world and how does gender both gender and sexuality) as the point of departure for a different kind of feminist inquiry. See Gayle Rubin with Judith Butler, “Interview: Sexual Traffic,” differences: A Journal of Feminist Cultural Studies 6, nos. 2–3 (1994): 67. 3. See Heather Love, ed. “Rethinking Sex.” Special issue, GLQ 17, no. 2 (2011): 1–221. This collection of essays conveys a sense of how Rubin’s methodological distinction between sex and gender has given rise to new ways of thinking across different disciplines about sex radicalism, crip sexuality, Black feminism, and sex trafficking. 4. Judith Butler, “Gender in Translation: Beyond Monolingualism,” philoSOPHIA 9, no. 1 (Winter 2019). Petrus Liu 343 transform it? How is the translation of gender inflected by the material conditions... (shrink)

In The Specter of Materialism Petrus Liu examines what "materialism" means for progressive queer theory and Marxist approaches to China's postsocialist economy. Liu recasts the history of queer theory in light of the Beijing Consensus, arguing that North American queer theory's inability to sustain a materialist analysis is the result of its positioning of the United States, rather than China, as the focal point of contemporary global capitalism. Analyzing relations of gender and sexuality that have been reconfigured by China's (...) global capitalist accumulation-such as dagongmei (female migrant laborers in China's export-oriented sunbelt) and money boys (rural-to-urban sex workers)-Liu argues for a materialist queer theory that positions China at the center. (shrink)

The Netherdutch Reformed Church finds itself in a precarious situation. It could be described as a watershed moment in the life of this denomination. The impasse developed due to various factors such as the loss of membership, the economic situation, ecumenical isolation and various other influences, which eventually resulted in a strong institutionalised organisation. Institutionalisation necessarily resulted in a shift of focus from the essence of being Church towards institutional continuation. As a result, the organic growth of the church suffered. (...) This article investigates the institutionalism of the Netherdutch Reformed Church from an open systems perspective, thereby identifying the dysfunctionality between form and function and ending with certain perspectives in respect of a change in focus by the church to realise the true essence of being Church of Jesus Christ. (shrink)

Duhem is commonly held to have founded his view of history of science as continuous on the ‘metaphsical assertion’ of natural classification. With the help of a strict distinction between formal and material characterization of natural classification I try to show that this imputation is problematic, if not simply incorrect. My analysis opens alternative perspectives on Duhem's talk of continuity, the ideal form of theories, and the rôle of ‘bon sens’; moreover it emphasizes some aspects of Duhem's realism that play (...) an important part in his philosophy of science. (shrink)

Editio princeps of Peter Thomae's De ente. It is generally acknowledged by historians of philosophy that medieval philosophers made key contributions to the discussion of the problem of being and the fundamental issues of metaphysics. The Quaestiones de ente of Peter Thomae, composed at Barcelona ca. 1325, is the longest medieval work devoted to the problem of being as well as the most systematic. The work is divided into three parts: the concept of being, the attributes of being, and the (...) descent of being. Many of the philosophical tools that Peter pioneered in this work, such as the distinction between objective being and subjective being, and various modes of quiddities and abstraction, were adopted by later thinkers and discussed up to the eighteenth century. Apart from defending and further extending Scotistic doctrine, one of Peter's achievements in the De ente is to fully reconcile Scotistic univocity with the traditional doctrine of the analogy of being. In addition to the critical edition, the present volume also contains a detailed introduction and study of the philosophy and the manuscripts of the De ente, with an appendix containing the Question on univocity by Francis Marbres (John the Canon), who copied extensively from the De ente. (shrink)

In this book, linguists and philosophers combine to offer a unique insight not only into Grice's contribution to philosophy of language, but on his theories of natural and non-natural meaning, implicatures and the semantic-pragmatic distinction.

In a recent article, Hayakawa and Keysar (2018) propose that mental imagery is less vivid when evoked in a foreign than in a native language. The authors argue that reduced mental imagery could even account for moral foreign language effects, whereby moral choices become more utilitarian when made in a foreign language. Here we demonstrate that Hayakawa and Keysar's (2018) key results are better explained by reduced language comprehension in a foreign language than by less vivid imagery. We argue that (...) the paradigm used in Hayakawa and Keysar (2018) does not provide a satisfactory test of reduced imagery and we discuss an alternative paradigm based on recent experimental developments. (shrink)

An architect and architectural philosopher, Berlage created a series of buildings and a body of writings that probed the problems and possibilities of Modernism. His principal texts, given here in English for the first time, present a vital chapter in the history of European Modernism.