Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

This chapter provides a survey of Kierkegaard's views of systematic theology, doctrine, and dogmatics. It demonstrates that while Kierkegaard's view of theology is generally negative, for he regards it as a human enterprise created in order to avoid doing God's Word, his attitude to doctrine and dogmatics is nuanced and complex. Kierkegaard rejects doctrine insofar as it objectifies Christianity, but nevertheless generally accepts the classic doctrines of the Christian faith and sees no reason to reform them. This ambivalence toward (...) doctrine stems from his conviction that the task facing the believer is not to reflect on doctrine, but to appropriate and apply it existentially to his/her own individual existence. Similarly, although Kierkegaard rejects the efforts of contemporary dogmaticians, dogmatics itself is valid insofar as it reproduces the paradoxical character of Christianity and the decision between faith and offense with which Christian dogmas confront every human being. (shrink)

Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal (...) system by helping to remove these causes of disorder. Thus, civil disobedience is sometimes justifiable in terms of its contribution to law and order. (shrink)

When we hear about a transgression, we may consider whether the perpetrator’s individual circumstances make their transgression more understandable or excusable. Mitigating circumstances may reduce the severity of punishment that is deemed appropriate, both intuitively and legally. But importantly, in courts of public opinion and of law, mitigating information is typically presented only after information about a perpetrator’s transgression. We explore whether this sequence influences the force of mitigating evidence. Specifically, in two studies, we examined whether presenting evidence about a (...) perpetrator’s background before or after evidence of their violation influenced how severely U.S. participants punished perpetrators. In Study 1 (N = 132), evidence about the perpetrator’s mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation. Study 2 (N = 316) additionally revealed this moderating effect of presentation order across a variety of premeditated and impulsive violations. These findings are consistent with person-centered theories of punishment and with the Story Model of adjudication. (shrink)

Statistical learning enables humans to involuntarily process and utilize different kinds of patterns from the environment. However, the cognitive mechanisms underlying the simultaneous acquisition of multiple regularities from different perceptual modalities remain unclear. A novel multidimensional serial reaction time task was developed to test 40 participants’ ability to learn simple first‐order and complex second‐order relations between uni‐modal visual and cross‐modal audio‐visual stimuli. Using the difference in reaction times between sequenced and random stimuli as the index of domain‐general statistical (...) learning, a significant difference and dissociation of learning occurred between the initial and final learning phases. Furthermore, we used a negative and positive occurrence‐frequency‐and‐reaction‐time correlation to indicate implicit and explicit learning, respectively, and found that learning simple uni‐modal patterns involved an implicit‐to‐explicit segue, while acquiring complex cross‐modal patterns required an explicit‐to‐implicit segue, resulting in a X‐shape crossing of regularity learning. Thus, we propose an X‐way hypothesis to elucidate the dynamic interplay between the implicit and explicit systems at two distinct stages when acquiring various regularities in a multidimensional probability space. (shrink)

Medvedev's intermediate logic (MV) can be defined by means of Kripke semantics as the family of Kripke frames given by finite Boolean algebras without units as partially ordered sets. The aim of this paper is to present a proof of the theorem: For every set of connectives such that the-fragment ofMV equals the fragment of intuitionistic logic. The final part of the paper brings the negative solution to the problem set forth by T. Hosoi and H. Ono, namely: is an (...) intermediate logic based on the axiom (abc) (ab)(a c) separable? (shrink)

The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law (...) and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'. (shrink)

This is an undergraduate text in the philosophy of science dealing with the progression from logical positivism to more modern, history-influenced ideas in the area.

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

While law and justice issues are well represented in the vast and diverse world of Japanese Manga, the medium’s predilection for fantasy tends to produce futuristic or overblown fiction far removed from everyday life. Fantastic treatments may also reflect relatively low awareness of legal matters in a society of low crime and litigation. One law and order institution that most people are familiar with, however, is the network of community police boxes that covers Japan, and this has spawned a (...) gag-ridden yet somewhat more realistic genre of justice-related comics. This article focuses on Ishikawa Chika’s KOBAN, whose humour revolves around the contrasting personalities and petty squabbles of two cops in their dealings with mundane police work. The characters, plots and conversations are visually supported by juxtaposing the weaponry and equipment of law enforcement with childlike facial features and cute mascots, thereby constructing the police box as a halfway house between local neighbourliness and state bureaucracy. (shrink)

This article reflects on the international reception of my book Prisons of Poverty as revelator of penal developments in advanced societies over the past decade. I show that the global firestorm of law and order inspired by the United States that the book detected in 1999 has continued to rage far and wide. Indeed, it has extended from First- to Second-World countries and has altered punishment politics and policies around the globe in ways that no one foresaw and would (...) have thought possible two decades ago. I extend the analysis of the role of think tanks in the diffusion of US-style crime-fighting notions and nostrums in Latin America as one element of the international circulation of pro-market policy packages fostering the punitive management of poverty. I elaborate and revise the original model of the link between neoliberalism and punitive penality, leading to the analysis of state-crafting in the age of social insecurity developed in my book Punishing the Poor. (shrink)

In International Law and World Order, B. S. Chimni articulates an integrated Marxist approach to international law combining the insights of Marxism, socialist feminism and postcolonial theory. The book uses IMAIL to systematically and critically examine the most influential contemporary theories of international law including new, feminist, realist and policy-oriented approaches. In doing so, it discusses a range of themes relating to the history, structure and process of international law. The book also considers crucial world order issues and (...) problems that the international legal process has to contend with, including the welfare of weak groups and nations, the ecological crisis and the role of human rights. This extensively revised second edition provides an invaluable, in-depth and updated review of the key literature and scholarship within this field of study. It will be of particular interest to students and scholars of international law, international relations, international politics and global studies. (shrink)

The temptation in clinical research to sacrifice the interests, the health, and sometimes even the lives of research subjects to the advancement of the interests of science and society, and to the advancement of researchers' own careers, is a hardy weed which can grow anywhere. Pursuant to a commendable EU Directive a new law, the Medicines for Human Use Regulations 2004 was brought into effect in the UK. That law makes it illegal for anyone to start a clinical trial unless (...) a Research Ethics Committee has expressed a favourable opinion upon its protocol. It gives to Research Ethics Committee members the legal power, and imposes upon them the legal duty, to protect research subjects from those who have strong financial and other temptations to mistreat them. The new law specifies what standard of protection the Research Ethics Committee members shall insist upon. The Royal College of Physicians, which has been reluctant to declare its own conflicting interests, in 2007 issued some guidelines which it hopes Research Ethics Committee members will follow. Those Guidelines on the practice of ethics committees in medical research with human participants urge Research Ethics Committee members to express a favourable opinion of clinical trials which they believe, for example, do not give to research subjects the protection the new law demands. But Research Ethics Committee members have a clear legal duty not to follow any course of conduct calculated to subvert the excellent and necessary 2004 law. (shrink)

ABSTRACTContemporary American policing practices are marked by increasingly top-down, racialized, militarized, and pseudo-scientific features. Social scientists have played a central role in creating this political situation: social-scientific advocates of “law and order,” far from providing a value-neutral description of social reality, appear instead to have contributed to the creation of a peculiarly modern form of power.

This article lies at the intersection of two problems: the one concerning the potential of fictional works to inform us about our social reality and foster our understanding of its various aspects, and the one concerning their potential to engage with philosophical issues. I bring these two together by analyzing the hit television series Law and Order: Special Victims Unit. According to my interpretation, the series is informative about our social world, and it raises philosophical concerns about it. This (...) makes it well-equipped to fulfill the educative function attributed to mass art by Noël Carroll, and to stand out as an example of what he calls popular philosophy. To support this interpretation, I rely on contemporary views regarding the nature of our engagements with fictional narratives. I then explore how philosophical concerns are generated and I elaborate on the role they have in deepening one’s understanding of one’s social circumstances. I further show how the series provides innovative and independent philosophical knowledge by means specific to the medium of generic serialized fiction. The central part of my argument is an analysis of the narrative strategies which enable the informative and philosophical aspects of the series to generate the series’ educative function. (shrink)

... abolished in 1869, but which we here learn still forms a deplorable factor in the social life of the poor in England, especially in breaking up homes. ...

Laying foundations -- Rejecting aggression -- Safeguarding cooperation -- Enforcing law -- Rectifying injury -- Liberating society -- Situating liberation.

L’article présente une étude critique des fondements méthodologiques de l’analyse économique du droit traditionnelle dans laquelle le droit est conçu comme le résultat optimal d’une comparaison de coûts et d’avantages sociaux. Cette procédure judiciaire qui vise en fait à simuler des solutions de marché “socialement efficientes” présuppose inévitablement l’omniscience du juge. Cependant dans le contexte de l’équilibre général, l’analyse économique du droit traditionnelle n’a pas de raison d’être, alors qu’elle s’avère impraticable dans le monde réel où elle serait pourtant nécessaire (...) afin de résoudre des problèmes de coordination entre les individus. A cet égard la théorie économique de l’Ecole Autrichienne qui insiste sur les problèmes informationnels de la société et qui décrit le droit comme une procédure de coordination fondée sur des règles abstraites de juste conduite, semble fournir des fondements plus appropriés pour une approche économique du droit. L’article utilise la méthodologie Autrichienne pour reconsidérer l’analyse économique du droit tout en insistant à la fois sur la dimension institutionnelle et la dimension éthique du droit. Le problème central est l’interdépendance entre le droit et l’ordre de marché, mais il est analysé dans des termes fondamentalement différents de ceux de l’analyse traditionnelle.The paper presents a critical analysis of the methodological foundations of conventional law and economics, where law is generally described as the optimal outcome ot a judicial balancing of social costs and benefits. This law making procedure which aims at simulating “socially efficient” market outcomes inevitably presupposes Judges’ omniscience. Nevertheless, in this context of full coordination, this type of law has no raison d’être, whereas it turns out to be infeasible in the real world where it would be necessary in order to solve information and coordination problems. In this respect, Austrian economic and legal theory which focuses on the knowledge problem of society and which describes law as a coordination procedure built on abstract rules of just conduct, seems to provide more appropriate foundations for an economic analysis of law. This paper uses the Austrian approach to reconsider economic analysis of law in a way that allows for both the institutional and the ethical dimensions of law. The central problem seems to lie in the interdependance of law and the ethical dimensions of law. The central problem seems to lie in the interdependancc of law and the market order but it is conceived in a very different way than it is in conventional analysis. (shrink)

The first invariance principle, called “meaningfulness,” is germane to the common practice requiring that the form of a scientific law must not be altered by a change of the units of the measurement scales. By itself, meaningfulness does not put any constraint on the possible data. The second principle requires that the output variable is “order-invariant” with respect to any transformation (of one of the input variables) belonging to a particular family or class of such transformations which are characteristic (...) of the law. These principles are formulated as axioms of a theory. Taken together, meaningfulness and order-invariance axioms have strong consequences on the feasible theories. Three applications of our results are discussed in details, involving the Lorentz–FitzGerald contraction, Beer's law, and the Monomial laws, each of which is derived from three axioms implementing meaningfulness and order-invariance concepts. (An “initial condition” axiom is also used.) Not all scientific laws are order-invariant in the sense of this paper. An example is van der Waals' equation. (shrink)

This book examines the concepts of international law and international relations as they are developed in the social and political philosophy of G.W.F. Hegel. Hegel has a vision of a single modern social world, in which peoples and nation-states can co-exist under conditions of peace, justice, mutual respect, and prosperity.

Although the prevailing view that makes law simply an instrument of social control supports popular cynicism, it is, as an account of the relationship between law and morality, inadequate. The assurance of legal positivists regarding the logical distinctness of morals and legislation rests on the simplistic belief that moral sanctions are internal and not in conflict with free action while those of the law are external and coercive. With the development of pragmatism and its technology, behaviorism, both the independence and (...) autonomy of the moral subject become suspect. The upshot is that morality too is seen as a form of social control, albeit less explicit than law and the legal positivist's distinction is effectively denied. Now although this modern reintegration of moral and legal concepts provides a basis for addressing hitherto knotty issues such as the grounds of legal obligation it is unsatisfactory because it reduces both law and morality to prudentially justified conventions. One may, however unhappily, accede to this view of law; but as an account of the moral life it is simply incorrect. What is needed is an analysis that retains the integrity of the moral point of view and at the same time answers the objections to both legal positivism and classical natural law theory. The present volume undertakes this daunting task. (shrink)

Cosmopolitans call for the creation of a global legal order based around the principle of universal human rights. It is, therefore, somewhat surprising that cosmopolitans have not adequately addressed the issue of how such a global order would be policed. The emergence of stable legal systems has generally coincided with the development of formal and informal methods of policing that function to enforce legal entitlements and maintain societal order. This suggests that the issue of policing should be (...) addressed if cosmopolitanism is to be defended as a desirable and realistic project for reforming the global order. This paper proposes that policing within a cosmopolitan legal order should be conceptualized as a form of societal peacekeeping, which functions to maintain the conditions necessary for the enjoyment of human rights. It rejects the idea of a unitary global police force modelled on the professional agencies established by the modern state, in favour of a plural approach that calls for cosmopolita.. (shrink)

Insofar as border policing and wall construction symbolize the reassertion of nation-state sovereignty, the fact that they exacerbate the problems they seek to contain makes them complicit...