Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

It is well known from the sources that three Athenian factions were organized after Solon's reforms. Herodotus writes as follows: In the course of time there was a feud between the Athenians of the coast under Megacles son of Alcmeon and the Athenians of the plain under Lycurgus son of Aristolaides. Pisistratus then, having an eye to the sovereign power, raised up a third faction. He collected partisans and pretended to champion the hillmen.

Согласно тем истолкованиям Достоевского, которые предложены Бахтиным, голос предполагает диалог и тем самым участие сознания, а также смысла; этим путем мы приходим к личности. Однако эта интерпретация оставляет в стороне - уже у самого Достоевского - другие существенные моменты: например, спонтанныешумы и особенно слушание. Следовало бы также более внимательно исследовать отношения между диалогом и встречей. Selon Bakhtine interprétant Dostoïevski, la voix implique le dialogue et par là l’intervention de la conscience, et aussi le sens ; on arrive ainsi à la (...) personne. Mais cette interprétation laisse de côté, même chez Dostoïevski, d’autres moments essentiels : par exemple les bruits spontanés et surtout l'écoute. Il faudrait en outre faire une analyse plus juste des rapports du dialogue et de la rencontre. According to Bakhtin interpreting Dostoyevsky, voice implies dialogue and hence the intervention of consciousness , and also meaning; therefore, we are led to consider the person. But this interpretation overlooks, even in Dostoyevsky, other key moments: for instance, spontaneous noises, and especially listening. A more accurate analysis should be made of the relationships between dialogue and encounter. (shrink)

Name der Zeitschrift: Paragrana Jahrgang: 23 Heft: 2 Seiten: 147-152.

This paper presents a new reading of Kant's moral feeling: in lieu of highlighting a positive feeling of respect, I am interested in a thorough phenomenological interpretation of a negative feeling of humiliation. The paper's tone is set by underscoring that human moral Gesinnung is that which is necessarily cultivated, which entails that the striving moral agent, among other things, learns to identify and confront inclinations. It is argued, then, that one's mindfulness of the various kinds of pain of humiliated (...) inclinations presupposes the agent's aesthetic attunement to the law of duty. To this end, two phenomenological interpretations are offered. First, general humiliation Kant caters for in the Critique of Practical Reason. Second, specific humiliation Kant alludes to in the Metaphysics of Morals. On the whole, the paper's findings ascertain the epistemic weight of humiliation, which to date has been undervalued. (shrink)

Because of the transcendental emphasis of his critical works, Immanuel Kant has been criticised for not being able to accommodate the notion of multiplicity. This paper outlines a complex argument designed as a means to the rescue of Kant from this repudiation. To this end, the paper proposes a new, strong reading of the doctrine of aesthetic ideas that unveils the idiosyncratic play of the mental powers, constituted of two separate acts, that equips one to intuit an unnameable mark that (...) evades both empirical apprehension and logical comprehension. By analogy with the two types of cognition, stipulated in the Stufenleiter (and elsewhere), I shall suggest that the two distinct kinds of a feeling of pleasure, stirred up by the generation of an aesthetic idea, add an overlooked, aesthetic element that renders Kant a philosopher of multiplicity. (shrink)

This book-length essay introduces and discusses main theoretical positions the author uses in his study of Russian literature of the 19th and 20th centuries. It offers new original approaches, in particular the systematic analysis of anthropological foundations that determine how the idea of the Work is being formed. The author focuses on the specific literary tradition going from Nikolai Gogol, Fyodor Dostoevsky, and Andrei Bely to Andrey Platonov and Oberiu, the group represented by such names as Alexander Vvedensky, Daniil Kharms, (...) Yakov Druskin, Leonid Lipavsky, and Konstantin Vaginov. (shrink)

Kant’s doctrine of aesthetic ideas, along with his brief treatment of ugliness, has been the focus of some recent literature. In this paper, I employ an original approach, which nonetheless draws from Kant’s oeuvre, to pin down the phenomenological complexity of a spectacular event that took place at the inception of the French Terror—the decapitation of Louis the XVI. To this end, the first section of the essay fleshes out an interpretative framework explicating how seeing the guillotine as an aesthetic (...) idea could serve as a means to actualise the revolutionary ideal. The second section introduces a reading of Schwärmerei and argues that this unruly genius is accountable for the creation of aesthetic idols, rendering a spurious aesthetic experience. Finally, in the last section, I argue that there is a significant distinction between Kant’s account of ugliness and loathing, and that the latter stands for neither a moral nor an aesthetic response to a morally repellent object, but rather is an extraordinary sensible response. (shrink)

Prikazani su elementi koji olakšavaju orijentaciju u prostoru »kontaminiranom« znanstvenim prisvajanjem istina, vrijednosti, »krunskih« dokaza i konačnih interpretacija. Iz spektra modernih disciplina »izvučena« je molekulska biologija kao model za razumijevanje mehanizama kojim prirodne znanosti privatiziraju sadržaje i područja koja pripadaju široj zajednici, odnosno čitavome društvu. U bogatome arsenalu molekulske biologije posebno se ističe metoda rekombinantne DNK koja je omogućila razvoj GMO-a.GMO-i su »klasična« znanstvena kontroverza u kojoj jedna strana prepoznaje »mutante« kao nepotrebne i defektne izume, dok ih druga strana predstavlja (...) gotovim receptom za rješavanje problema okoliša, prehrane i zdravlja.Razmotrena su četiri prigovora kojima se pokušava demistificirati znanstveni hvalospjev o GMO-u.This manuscript presents elements which enable better orientation in the area “contaminated“ with scientific confiscation of facts, values, crucial evidences, and final interpretations. From the spectrum of modern disciplines, molecular biology is selected as a model for understanding of mechanisms underlying scientific privatization of contents and areas which belong to local community and the whole society as well. The recombinant DNA method, which enabled development of GMO-s, is specifically emphasized in the rich arsenal of molecular biology.GMO-s present “classical” scientific controversy in which one side recognizes these “mutants” as unnecessary and flawed inventions, while the other side introduces them as readymade recipe for solving environment, food and health related problems.Four objections are considered in order to demystify scientific hymn about GMO. (shrink)

How can criminal punishment be morally justified? Zisman addresses this classical question in legal philosophy. He provides two maybe surprising answers to the question. First, as for a methodological claim, it argues that this question cannot be answered by philosophers and legal scholars alone. Rather, we need to take into account research from social psychology, economy, anthropology, and so on in order to properly analyze the arguments in defense of criminal punishment. Second, the book argues that when such research is (...) properly accounted for, none of the current attempts to justify criminal punishment succeed. But that does not imply that the state should do nothing about criminal wrongdoing. Rather, the arguments that were supposed to justify criminal punishment actually speak in favor of an alternative approach to criminal law: restitution to the victim and restorative justice. That is to say, the state should coerce offenders to provide restitution for the harm inflicted on victims, and whenever possible restorative approaches should be taken to address criminal wrongdoing. (shrink)

At present the theory of Russian Formalism becomes actual once again owing to the rapid development of cognitive science. Aesthetic theories recently put forward within the framework of cognitive science turned out to be consonant with the Formalist’s views on the general principles of artistic activity. In my paper I argue that (1) the theory of Russian Formalism contains a number of methodological assumptions that are close to a cognitive approach; (2) some of the main principles of the Formalist theory (...) (e.g., “elimination of automatism of perception” or “the dominant”) permit the reformulation into cognitive terms; (3) such reformulation is not only possible, but useful because it makes the theory more powerful for explanation of the artistic phenomena. The findings from the new field of cognitive science not only prove some Formalist theses, but deepen and specify them as well. (shrink)

At present the theory of Russian Formalism becomes actual once again owing to the rapid development of cognitive science. Aesthetic theories recently put forward within the framework of cognitive science turned out to be consonant with the Formalist’s views on the general principles of artistic activity. In my paper I argue that (1) the theory of Russian Formalism contains a number of methodological assumptions that are close to a cognitive approach; (2) some of the main principles of the Formalist theory (...) (e.g., “elimination of automatism of perception” or “the dominant”) permit the reformulation into cognitive terms; (3) such reformulation is not only possible, but useful because it makes the theory more powerful for explanation of the artistic phenomena. The findings from the new field of cognitive science not only prove some Formalist theses, but deepen and specify them as well. (shrink)

This book presents an innovative and novel approach to linguistic semantics, beginning with the idea that language can be described as a system for the expression of linguistic Meanings as particular surface forms or Texts.

Ioulia Podoroga | : Dans cet article, je pose le problème des rapports entre philosophie et littérature à partir du cas de Boris Pasternak, dont la vie et l’oeuvre permettent d’envisager une nouvelle articulation entre les deux disciplines, en mobilisant un schème paradoxalement hégélien. Schème hégélien, car fait de trois mouvements, de sa pratique musicale vers la philosophie pour aboutir à une relève dans la poésie. Mais schème anti-hégélien, parce que la triade hégélienne est inversée : la philosophie est (...) le moyen-terme, mais qui reste central, dans l’acheminement vers l’accomplissement du système par la poésie. | : In this article I raise the problem of the relationship between philosophy and literature basing it on the case-study of Boris Pasternak’s writings, whose life and work enable us to envisage a new linkage between the two disciplines by mobilizing a paradoxically Hegelian scheme. Hegelian scheme because of its three movements : from his musical practice towards poetry via philosophy. But anti-Hegelian scheme, because the Hegelian triad is reversed : philosophy is the medium-term but still central in the movement towards the completion of the system by poetry. (shrink)

The book defines the concept of Semantic-Communicative Structure [= Sem-CommS]-a formal object that is imposed on the starting Semantic Structure [= SemS] of a sentence (under text synthesis) in order to turn the selected meaning into a linguistic message. The Sem-CommS is a system of eight logically independent oppositions: 1. Thematicity (Rheme vs. Theme), 2. Givenness (Given vs. Old), 3. Focalization (Focalized vs. Non-Focalized), 4. Perspective (Foregrounded vs. Backgrounded), 5. Emphasis (Emphasized vs. Non-Emphasized), 6. Presupposedness (Presupposed vs. Non-Presupposed), 7. Unitariness (...) (Unitary vs. Articulated), 8. Locutionality (Communicated vs. Signaled). The values of these oppositions mark particular subnetworks of the starting SemS and thus allow for the distinction between sentences such as (a) A man killed a dog vs. The dog was killed by a man, (b) John washed the window vs. It was John who washed the window or (c) It hurts! vs. Ouch! The proposed Sem-Comm-oppositions are conceived as an attempt at sharpening the well-known notions of Topic Comment, Focus, etc. Possible linguistic strategies for expressing the values of the Sem-Comm-oppositions in different languages are discussed at some length, with linguistic illustrations. (shrink)

Cet article aborde la façon dont l’histoire des idées peut mettre en évidence la perméabilité des frontières entre littérature et philosophie. Comment appréhender la spécificité d’une idée présente dans un roman mais dont la portée est aussi philosophique? Sur l’exemple de l’idée de nihilisme, élaborée dans le contexte intellectuel russe, l’article explore sa capacité à donner naissance à la fois à un concept sociopolitique et à une image littéraire, comme à deux tentatives, tantôt complémentaires, tantôt contradictoires, de penser un seul (...) et même problème. (shrink)

In this article we reveal the common conditions of modern social philosphy, which theoretical discourse is subordinated to critical discourse, as distinguished from the canonical I. Kant’s, G. Hegel’s, M. Heidegger’s, M. Sheller’s J.-P. Sartre’s philosophical theories, which are bonded with the development of positivist epistemological, historical, ontological or anthropological presuppositions. We will talk about tree main conditions: 1) decline of theological definition of subject, 2) mechanism of repetition, 3) interdisciplinarity. In the first case, we will discuss transition from subject (...) definition through the God to his definition through the figure of Other, which allows philosophers as Schopenhauer, Nietzsche or Sheller expose metaphysics with consistent methodological criticism. In the second case, we will talk about forming of critical discourse establishing itself as the extended analog of psychoanalytical revealing of unconsciousness content. In the third case, we will examine interdisciplinary approach, assuming combination of different methods possible to increase this criticism and put empirical borders of its theoretical presuppositions. (shrink)

The work is carried out in line with the Russian dialectology of the German language. Its relevance comes from the fact that it is devoted to one of the territorial forms of German, which was never before linguistically studied. The authors of the paper conducted the field work in the territory of Novosibirsk region and collected data that allow analyzing the language situation of the Germans residing there. In the proposed article, the first results of this analysis are presented, which (...) give an idea of the main social and linguistic characteristics of the native forms of the German language in Novosibirsk region. In particular, the main components of the linguistic situation of the ethnoterritorial community under consideration are identified, the communicative power of each component is described, and the dialect identification of the native forms of the German language in the surveyed region is carried out. When modeling the language situation of the Germans of Novosibirsk region, the phenomena caused by interlingual contacting are emphasized. The authors show that on the territory of Novosibirsk region there are German idioms long staying outside the main continuum of German language and representing unique language formations. These language formations show signs of West Central German, and also includes phenomena caused by language interference. The simulated language situation is characterized as unbalanced - the demographic and communicative capacities of German dialects in the region under consideration are much lower than those of languages with majority status. It is noted that the demographic and communicative capacities of the described territorial forms of German language are in the process of a rapid decline. (shrink)