Résumé Ce texte se compose de trois extraits de l’ouvrage de Fatimah Tobing Rony, The Third Eye. Race, Cinema, and Ethnographic Spectacle, dans lequel l’auteure explore les représentations des « indigènes » non occidentaux au début du XX e siècle, entre cinéma, culture populaire et ethnographie. Elle met en évidence le rôle des images dans la perception de l’altérité à travers la notion de « troisième œil », soit l’expérience consistant à regarder tout en étant soi-même regardé comme un Autre. (...) Entre récit autobiographique, réflexion sur la relation entre histoire et narration, et une analyse des films de Zora Neale Hurston, ce texte aborde des stratégies de résistance qui déjouent les constructions occidentales du « sauvage ». (shrink)

As a traumatic event, sexual violence does not only take a physical and psychological toll on the victims, but also causes existential crisis. In this light, we cannot restore the wellbeing of victims of sexual violence without restoring their own capability to exist as human beings in wholeness. Based on that condition, this article attempts to answer two problems: (i) what kind of ethics do we need in order to help victims of sexual violence restore their own existence as whole (...) human beings? and (ii) what kind of human conception is presupposedby that ethics? To that question, this article suggests that (1) we need an ethics of compassion in order to help victims of sexual violence to restore their own existence as whole human beings and (2) it presupposes a specific conception of human being as a capable being (homo capax) in Ricoeurian perspective. Abstrak Sebagai peristiwa traumatik, kekerasan seksual tidak hanya memberikan dampak fisik dan mental, namun juga eksistensial. Karena itu, pemulihan korban kekerasan seksual menjadi penyintas adalah juga pemulihan daya eksistensial dari yang bersangkutan. Bertolak dari kondisi itu, artikel ini mengajukan pertanyaan “(i) etika seperti apakah yang memungkinkan terjadi proses pemulihan korban kekerasan seksual menjadi penyintas dan (ii) konsepsi manusia seperti apakah yang menjadi pengandaian dalam etika itu?” Terhadap pertanyaan itu, penulis mengajukan tesis bahwa (1) etika belarasa merupakan pandangan etika yang dapat membantu proses pemulihan korban kekerasan seksual menjadi penyintas dan (2) etika belarasa mengandaikan konsepsi manusia berdaya (the capable being) dalam pemikiran Paul Ricoeur. Kata-kata kunci: kekerasan seksual, diri, emosi, etika belarasa, manusia berdaya. (shrink)

簡潔性、実用性に卓越したQuineの『方法』を詳説、それに基づきG ̈odelやChurchの定理を含む、標準的な論理学を厳密に展開する。また、認識論理学の「自然演繹法」化の、1つの可能性を提案する。更に、「超実数」の必要性を強調し、それにより種々のアポリア(パラドッ クス等)の解明を試みる。.

Bringing together leading scholars in the fields of criminology, international law, philosophy and architectural history and theory, this book examines the interrelationships between architecture and justice, highlighting the provocative and curiously ambiguous juncture between the two. Illustrated by a range of disparate and diverse case studies, it draws out the formal language of justice, and extends the effects that architecture has on both the place of, and the individuals subject to, justice. With its multi-disciplinary perspective, the study serves as a (...) platform on which to debate the relationships between the ceremonial, legalistic, administrative and penal aspects of justice, and the spaces that constitute their settings. (shrink)

In 1885, during initial discussions of J. C. Maxwell's celebrated thermodynamic demon, Whiting(1) observed that the demon-like velocity selection of molecules can occur in a gravitationally bound gas. Recently, a gravitational Maxwell demon has been proposed which makes use of this observation [D. P. Sheehan, J. Glick, and J. D. Means, Found. Phys. 30, 1227 (2000)]. Here we report on numerical simulations that detail its microscopic phase space structure. Results verify the previously hypothesized mechanism of its paradoxical behavior. This system (...) appears to be the only example of a fully classical mechanical Maxwell demon that has not been resolved in favor of the second law of thermodynamics. (shrink)

The essays in Rose Lore are a rendering of global cultural history, literature, and metaphysics, woven together in a collection that will be valuable to several disciplines. The essays present numerous qualities of the rose as a symbol with broad cultural, social, and historical meanings: from astrology, to the history of Catholicism, to the new anti-female genital mutilation global movement.

In 1885, during initial discussions of J. C. Maxwell's celebrated thermodynamic demon, Whiting (1) observed that the demon-like velocity selection of molecules can occur in a gravitationally bound gas. Recently, a gravitational Maxwell demon has been proposed which makes use of this observation [D. P. Sheehan, J. Glick, and J. D. Means, Found. Phys. 30, 1227 (2000)]. Here we report on numerical simulations that detail its microscopic phase space structure. Results verify the previously hypothesized mechanism of its paradoxical behavior. This (...) system appears to be the only example of a fully classical mechanical Maxwell demon that has not been resolved in favor of the second law of thermodynamics. (shrink)

Both classical psychophysical work and recentfunctional imaging studies have suggested acritical role for the primary visual cortex(V1) in resolving the perceptual ambiguitiesexperienced during binocular rivalry. Here weexamine, by means of single-cell recordings andoptical imaging of intrinsic signals, thespatial characteristics of suppression elicitedby rival stimuli in cat V1. We find that the interocular suppression field of V1 neuronsis centred on the same position in space and isslightly larger (by a factor of 1.3) than theminimum response field, measured through thesame eye. Suppression (...) is always strongest at asingle position corresponding very closely tothe centre of the classical receptive field,and reduces responses through the other eye byup to 90% but typically around 40%. Thespatial pattern of interocular suppression, asrevealed by optical imaging, closely matchesthe cortical representation of the stimulus,which is being suppressed, both in terms of itsorientation and the eye of origin. Theseresults indicate that interocular suppressionis directly related to the functionalarchitecture of V1; it is probably caused bydirect inhibitory interactions betweenneighbouring cortical columns of oppositeocular dominance. (shrink)

Volume 10, Issue 1, March 2019, Page 114-117.

Recently, there have been debates in Portugal regarding the morality of assisted death. One of the leading opponents in Portuguese society against assisted death are Catholics. They argue that the right to life implies that assisted death is immoral and provide four key arguments they believe justify their position. In this article, we reply to these four articles and show that they all fail.

"We believe the government’s conduct in forfeiture cases leaves much to be desired. We are certainly not the first to be ‘enormously troubled by the government’s increasing and virtually unchecked use of the civil forfeiture statutes and the disregard for due process that is buried in those statutes’" (Quoting Judge George Pratt in US v. All Assets of Statewide Auto Parts, Inc., 971 F.2d 896, 905 (2d Cir. 1992)). US v. $506,231 in U.S. Currency, 125 F.3d 442 (7th Cir. 1997).

Across a number of countries including Venezuela, Colombia, Bolivia, Ecuador, Honduras, Costa Rica, and Nicaragua, incumbent presidents in Latin America have recently sought to amend their constitutions to eliminate or weaken presidential term limits. In some cases, these efforts to extend terms have been part of broader projects to consolidate power, weaken other state institutions, and tilt the electoral playing field in favor of incumbents. From a legal perspective, these cases are interesting because they highlight the limits of tools limiting (...) constitutional change, such as eternity clauses and the unconstitutional constitutional amendment doctrine, to constrain potentially anti-democratic or anti-liberal forms of constitutional change. Although constitutional texts in most of these cases gave courts ample ammunition to reject attempts to eliminate term limits or at least to force those changes down more demanding paths, courts did not stand in the way of most of these efforts and in some cases even used the doctrines to eliminate rather than protect term limits. The case studies highlight the extent to which the “superficial” spread of doctrines controlling constitutional change may fail to block, and indeed may promote, forms of constitutional change that threaten liberal democratic constitutionalism. It also suggests possibilities for deepening the effectiveness of transnational dialogue on these issues. (shrink)

Systemic validity has been criticised based on its supposed inability to account for the validity of so-called extra systemic norms and unconstitutional statutes. The article argues that these crit...

The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing process, such constitutional changes may prove to be part of the incremental, gradual process of democratic (...) erosion in which the whole is greater than the sum of its parts. This Article explores how courts can respond to such constitutional changes. We argue the Unconstitutional Constitutional Amendment Doctrine should be adapted to respond to existing constitutional practices that utilize incremental and subtle amendments to dismantle the democratic order. We suggest that an aggregated judicial review should be developed. We must also rethink the automatic immunity – the result of two hundred years of revolutionary constitutional theory – provided to complete constitutional replacement from constitutional restrictions and scrutiny. Finally, as opposed to the instinct to require judicial self-restraint with respect to constitutional changes that concern the judiciary itself, we suggest that this is perhaps the type of changes that require strictest scrutiny. (shrink)

The Supreme Court, reluctant to find constitutional rights in areas marked by divisive social and legal debate, is not likely to constitutionalize a right to assisted suicide. The Court should cleave to the tradition of discouraging suicide and criminalizing its assistance.

Is there an independent legal method separate from the political process for handling a constitutional amendment that may be inconsistent with, or contrary to, the basic structure and rights the Federal Constitution currently inaugurates, or are courts stuck with having to accept the amendment on its face? This problem is not unique to the United States. Nor is it the same problem as whether a state constitutional amendment may violate the Federal Constitution. While I initially focus on the U.S. Constitution, (...) I plan, before the end of this piece, to broaden out to other national constitutions as well, and certainly some of the arguments might also apply to state constitutional amendments, as we see with the controversy over the constitutionality of California’s Proposition 8. In this vein, it will make sense to consider cases from other nations, like Kesavananda Bharati v State of Kerala, in which the Supreme Court of India held that the judiciary could strike down amendments to the constitution passed by Parliament that conflict with the constitution’s “basic structure.” The U.S. Supreme Court has never addressed what constitutes the basic structure of the U.S. Constitution. This is the question addressed in this article. (shrink)

The Texas Chain Saw Massacre (Tobe Hooper, 1974) presents a nightmarish vision of an America, metaphorically and literally devouring itself. ‘Home, sweet, home’ becomes the slaughterhouse and consumers become the consumed as ‘cannibalistic capitalism’ (embodied by a family of unemployed but murderous abattoir workers), wreaks havoc on the lives of a hedonistic group of youths, as the ‘Age of Aquarius’ comes to a bloody end. Chain Saw offers a model of horror that is both deeply rooted in American ideology, (...) taboos, and the key (and interdependent) institutions of the family, the worker and capitalism, yet produces aberrant and transgressive versions of these same social units. In this paper, the film’s representation of ‘cannibalistic capitalism’ will be explored in relation to Georges Bataille’s theory of taboo and transgression. While Bataille asserts that the ‘main function of all taboos is to combat violence’ (thus maintaining the power, integrity and conformity of social institutions), he also suggests that the taboo paradoxically begets its own violent transgression. In The Texas Chain Saw Massacre , capitalism’s transgressive excesses both ignite the taboo’s prohibitive power while revelling in and glorifying its violation. This paper offers a ‘taste’ of a Bataillean approach to the theorising of horror and the spectatorial ‘pleasures’ of submitting to the anguish it provokes. (shrink)

Evolution seems tobe a perfect example of a historical process: It began with the earliest “living” units, progressed to massive diversity and disparity, and resulted in our recent lifeworld, the subject-matter of the evolutionary biologist. Yet some irritation remains considering the logical grammar of “history”, as it seems to introduce non-functional aspects into evolutionary theory – which is often addressed as contingency in evolutionary biology. But even reducing the “historical” aspect of evolutionary biology to a functional understanding of lifeworld, (...) we have to consider the specific historicity of the epistemic situation of the evolutionary biologist. This paper argues for the relevance of the explication of this peculiar epistemic situation, taking into account the recent systemic transformations of evolutionary theory.The argument is developed in three steps: first, a revision of the use of temporal expressions in (bio-)sciences, revealing the prevalence of a non-modal understanding of time, which leads to “thin” temporal characterizations of biological processes. Second, based upon biology’s shift toward system paradigms, the formal structure of recent evolutionary approaches is shown to result in a “loss of historicity”. Finally, the consequences for the self-understanding of humans as evolutionary lifeforms are explicated.This reconstruction of the difference between historical and evolutionary judgment emphasizes the relevance of the modal aspects of temporality, which is demonstrated by considering a significant shift of the underlying temporal frames. Accordingly to human beings as historical entities, the differences between natural history, prehistory and history proper are relocated within the concept of history itself. (shrink)

The conundrum of the unconstitutional constitution -- The quest for a compelling unity -- The permeability of constitutional borders -- The sounds of silence : militant and acquiescent constitutionalism -- "The first page of the constitution" : family, state, and identity.

The ancient practice of metzitzah b'peh, direct oral suction, is still practiced by ultra-Orthodox Jews as part of the religious rite of male newborn circumcision. Between 2000 and 2011, 11 children have died in New York and New Jersey, following infection by herpes simplex virus, presumably from infected practitioners. The City responded by requiring signed parental consent before oral suction, with parents being warned of the dangers of the practice. This essay argues that informed consent is not an appropriate response (...) to this problem. An outright ban would a better response to a practice that is dangerous to children, but might prove unconstitutional under New York State law. (shrink)

The author believes it tobe one ofthe duties Christians have to accept the state ofthe basic Iaw as a matter of their own concern. This acceptance has a character of critical solidarity with an order needy and capable of improvement. It includes the willingness to cooperate in three tasks: the rejection of falsifications and erosions of essential structural elements in constitutional law, the bridging of the gap between constitutional standard and constitutional reality and the further development ofthe constitutional order (...) in a future-oriented way. The fundamental structural principles of the constitution - the principle of democracy, the concept of a state based on the rule oflaw, and the concept of a social welfare state - are used to illustrate these tasks more thoroughly. (shrink)

Being a pragmatic and not a referential approach tosemantics, the dialogical formulation ofparaconsistency allows the following semantic idea tobe expressed within a semi-formal system: In anargumentation it sometimes makes sense to distinguishbetween the contradiction of one of the argumentationpartners with himself (internal contradiction) and thecontradiction between the partners (externalcontradiction). The idea is that externalcontradiction may involve different semantic contextsin which, say A and ¬A have been asserted.The dialogical approach suggests a way of studying thedynamic process of contradictions through which (...) thetwo contexts evolve for the sake of argumentation intoone system containing both contexts.More technically, we show a new, dialogical, way tobuild paraconsistent systems for propositional andfirst-order logic with classical and intuitionisticfeatures (i.e. paraconsistency both with and withouttertium non-datur) and present theircorresponding tableaux. (shrink)

An experiment was conducted to investigate the relative contributions of syntactic form and content to conditional reasoning. The content domain chosen was that of causation. Conditional statements that described causal relationships (if (cause>, then (effect>) were embedded in simple arguments whose entailments are governed by the rules -oftruth-functional logic (i.e., modus ponens, modus tollens, denying the antecedent, and affirming the consequent). The causal statements differed in terms ofthe number of alternative causes and disabling conditions that characterized the causal relationship. (A (...) disabling condition is an event that prevents an effect from occurring even though a relevant cause is present.) Subjects were required to judge whether or not each argument’s conclusion could be accepted. Judgments were found to vary systematically with the number of alternative causes and disabling conditions. Conclusions of arguments based on conditionals with few alternative causes or disabling conditionswerefoun~d:tobe-rnore accept~ able than cdnclusions based on those with many. (shrink)

The dead are gone. They count for nothing. Yet, if we count the dead, their number is staggering. And they account for most of what is great about civilization. Compared to the greatness of the dead, the accomplishments of the living are paltry. Which is it then: are the dead still there tobe counted or not? And if they are still there, where exactly is "there"? We are confronted with the ancient paradox of nonexistence bequeathed us by Parmenides. The (...) mystery of death is the mystery of nonexistence.A successful attempt to provide a metaphysics of death, then, must resolve the paradox of nonexistence. That is the aim of this study. At the same time, the metaphysics of death, of ceasing to exist, must serve as an account of birth, of coming to exist; the primary thesis of this book is that thisdemands going beyond existence and nonexistence to include what underlies both, which one can call, following tradition, "being." The dead and the unborn are therefore objects that lack existence but not being. Nonexistent objects - not corpses, or skeletons, or memories, all of which are existentobjects - are what are "there" to be counted when we count the dead. (shrink)

Many participants in debates about the morality of assisted dying maintain that individuals may only turn to assisted dying as a ‘last resort’, i.e., that a patient ought to be eligible for assisted dying only after she has exhausted certain treatment or care options. Here I argue that this last resort condition is unjustified, that it is in fact wrong to require patients to exhaust a prescribed slate of treatment or care options before being eligible for assisted dying. The last (...) resort condition effectively pits one right of patients, their right to refuse medical treatment or interventions, against another patient right acknowledged by advocates of assisted dying, the right to die. Drawing on an analogy with the legal notion of an unconstitutional condition, I argue that the last resort condition unjustly demands that an arguably more fundamental right—the right to refuse medical treatment or intervention—be foregone in order to acquire a less fundamental right—the right to die. I then address three rationales for the last resort condition and find that they subject individuals to arbitrarily stringent standards for exercising the right to die, standards to which those who seek to end their lives by voluntarily ending life-sustaining treatments are not subject. Subjecting those who seek assisted dying to the last resort condition therefore wrongfully infringes on their right to refuse medical treatment or interventions. (shrink)