Theory as History brings together twelve essays by Jarius Banaji addressing the nature of modes of production, the forms of historical capitalism and the varieties of pre-capitalist modes of production. Problematic formulations concerning the relationship of social-property relations and the laws of motion of different modes of production and his notion of merchant and slave-holding capitalism undermines Banaji’s project of constructing a non-unilinear, non-Eurocentric Marxism.

American public law scholarship views law as a purposive instrument for the achievement of democratic purposes. It has analyzed how this instrument can best be employed within the historical context of the legal institutions and traditions of particular nation-states. Emerging forms of international law, articulated by international tribunals, challenge these fundamental premises of American public law scholarship. Much international law does not reflect the will of an indentifiable demos, and it is articulated through innovative legal institutions that combine the procedures (...) and organizational forms of many distinct states and legal cultures. Attempting to omprehend the sources and limitations of the legitimacy of this kind of international law will force American public law scholarship to re-examine deep and implicit presuppositions, inherited from legal realism, about the inherent normativity of the rule of law. The author speculates about possible effects of this re-examination on the substantive and methodological agenda of American public law scholarship. (shrink)

This essay argues that Knafo and Teschke fundamentally misread Brenner’s original contribution to the transition debate. They equate his rejection of trans-historical or trans-modal laws of motion with the notion that social-property relations do not have strong rules of reproduction that structure the actions of agents and give rise to ‘developmental patterns’ specific to each form of social labour. Knafo and Teschke’s critique of Brenner’s analysis of capitalist expansion and crisis is also theoretically and empirically questionable.

As medical technology becomes more sophisticate the ability to manipulate nature and manage disease forces the dilemma of when can becomes ought. Indeed, most bioethical discourse is framed in terms of balancing the values and interests and the benefits and burdens that inform principled decisions about how, when, and whether interventions should occur. Yet, despite advances in science and technology, one caregiver mandate remains as constant and compelling as it was for the earliest shaman—the relief of pain. Even when cure (...) is impossible, the physician's duty of care includes palliation. Moreover, the centrality of this obligation is both unquestioned and universal, transcending time and cultural boundaries.Although universally acknowledged, pain is a complex phenomenon for both the patient and the caregiver, influenced as much by personal values and cultural traditions as by physiological injury and disease. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Pediatricians provided expert testimony that, in the case of Baby K, provision of ventilator support goes beyond accepted standards of care for anencephalic infants and so is medically futile. This argument, however reasonable, does not persuade those who believe in the absolute value of even a fraction of human life. In Baby K, court records indicate that Ms. H, Baby K's mother, persistently adheres to the sanctity-of-life principle on religious grounds.While I think that quality-of-life considerations have a role in medical (...) decision making, those who reject such considerations must be respected. This article makes the following claims, on behalf of religious dissenters: the Baby K case should be interpreted in light of the freedom of religion guaranteed in the First Amendment ; religious beliefs should not be trivialized in clinical ethics, even if reason, not belief, is the language of the public forum; the time-honored free exercise clause is essential to the American experiment in liberty and should not be overridden in the name of a concept as vague as futility; and free exercise of religion deserves serious discussion in the futility debate, and significant religious accommodation must be included in any hospital or societal futility policies. In the concluding section, issues are raised regarding the balance between religious consideration and resource allocation. (shrink)

Benhabib argues that since the UN Declaration of Human Rights in 1948, we have entered a phase of global civil society which is governed by cosmopolitan norms of universal justice - norms which are difficult for some to accept as legitimate since they are in conflict with democratic ideals.

Argues for an objective protomoral normativity in terms of what an adaptation is for, without falling victim to Hume's Law, open-question arguments, queerness arguments, and internalism/externalism debates. Also provides a general strategy for naturalizing objective moral normativity which is likewise proof against the usual-suspect objections.

The nonadditive properties of mass make it desirable to abandon mass as a basis unit in physics and to replace it by a unit of the dimension of the quantum of action [h]. The ensuing four-unit system of action, charge, length, and time [h, q, l, t] interacts in a much more elucidating fashion with experiment and with the fundamental structure of physics. All space-time differential forms expressing fundamental laws of physics are forms of physical dimensions, h, h/q, or q. (...) Their occurrence as periods (residues) of period integrals of forms makes h and q topological invariants in space-time and stresses in general the global nature of quantization. The coordinate dimensions [l] and [t] only come into play for the form-coefficients, the metric tensor, and their tensorial relatives. One thus obtains a very natural guidance for implementing the principle of general covariance, when coordinate-based descriptions are necessary. The consequences for the general theory of relativity are discussed. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of (...) knowing and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

Health care decision making has changed profoundly during the past several decades. Advances in scientific knowledge, technology, and professional skill enable medical providers to extend and enhance life by increasing the ability to cure disease, manage disability, and palliate suffering. Ironically, the same interventions can prolong painful existence and protract the dying process. Recognizing that medical interventions, especially lifesustaining measures, are not always medically appropriate or even desired by a patient or family, health care professionals endeavor to determine who should (...) make health care decisions and according to what standards. The importance that Western culture places on individual rights and self-determination is reflected in the growing advocacy for patient autonomy and the discrediting of physician paternalism. However, the question of autonomy becomes more complex when patients lack the capacity to decide for themselves.Advance directives represent one response to the dilemma of decision making for incapacitated patients. The original advance directive, the living will, is a written list of instructions reflecting the individual's wishes about care, usually at the end of life. (shrink)

Health care decision making has changed profoundly during the past several decades. Advances in scientific knowledge, technology, and professional skill enable medical providers to extend and enhance life by increasing the ability to cure disease, manage disability, and palliate suffering. Ironically, the same interventions can prolong painful existence and protract the dying process. Recognizing that medical interventions, especially lifesustaining measures, are not always medically appropriate or even desired by a patient or family, health care professionals endeavor to determine who should (...) make health care decisions and according to what standards. The importance that Western culture places on individual rights and self-determination is reflected in the growing advocacy for patient autonomy and the discrediting of physician paternalism. However, the question of autonomy becomes more complex when patients lack the capacity to decide for themselves.Advance directives represent one response to the dilemma of decision making for incapacitated patients. The original advance directive, the living will, is a written list of instructions reflecting the individual's wishes about care, usually at the end of life. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. (...) I will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. (...) I will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

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)

What makes the rule of law so special that it is to conscientiously punish the â oebadâ doers and reward the â oegoodâ onesâ "such that, where there is the rule of law, peace and order are to be expected, so that â oethe rule of law is better than the rule of any individualâ? Take the case of international law, as an illustration. While different international courts have been busy going after the killers of innocent victims in Rwanda and (...) Liberia, they have turned a blind eye to the major powers which have killedâ "on a much larger and more brutal scale, by comparisonâ "innocent civilians in Iraq and Afghanistan, just to cite two current examples. Contrary to the conventional wisdom conveniently held by many in human history, the rule of law has its other side which has not yet been systematically understood, such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe. Lest any misunderstanding hastily occur, this is not to imply that the rule of law is absolutely useless, or that the literature in jurisprudence (and other related fields like political philosophy, ethics, law and economics, and the sociology of law) should be dismissed because of its scholarly irrelevance. Of course, neither of these two extreme views is reasonable either. Instead, this book provides an alternative (better) way to understand the nature of law, in relation to its necessity and contingency in the context of justiceâ "while learning from different approaches in the literature but without favoring any one of them (nor integrating them, since they are not necessarily compatible with each other). In the process, this book offers a new theory to transcend the existing approaches in the literature in a new directionâ "in that, in the end, there is no justice without injustice and that it will be transcended too. This seminal project, if successful, will fundamentally change the way that we think about the nature of law, from the combined perspectives of the mind, nature, society, and culture, with enormous implications for the human future and what I originally called its â oepost-humanâ fate. (shrink)

Consider the claims that representations of physical laws are intersubjective, and that they ultimately provide the foundation for all other intersubjective knowledge. Those claims, as well as the deeper philosophical commitments that justify them, constitute rare points of agreement between the Marburg School neo-Kantians Paul Natorp and Ernst Cassirer and their positivist rival, Ernst Mach. This is surprising, since Natorp and Cassirer are both often at pains to distinguish their theories of natural scientific knowledge from positivist views like Mach’s, and (...) often from Mach’s views in particular. Thus the very fact of this agreement between the Marburg School neo-Kantians and their positivist stalking horse points to a deep current of ideas that runs beneath the whole of the post-Kantian intellectual context they shared. (shrink)

I discuss why one critical aspect of the process of political reconciliation involves the restoration of mutual respect for the rule of law and suggest that psychological research on post-traumatic stress disorder (PTSD) provides valuable resources for understanding how successfully to restore such mutual respect.

This article analyses feminist discourses on the criminalisation of violence against women in Ecuador, after the enactment of a “post-neoliberal” constitution. It responds to arguments in feminist legal theory, which affirm that penal expansion thrives through neoliberal globalisation, and that certain feminists have sponsored this carceral-neoliberal alliance, over and above redistributive concerns. However, in Ecuador, many feminists who participated in a recent criminalisation process also endorsed the post-neoliberal government’s social redistribution programme. Ecuadorian feminism therefore complicates current discussions on (...) carceral and governance feminism, which link penal expansion with neoliberalism and an absence of redistributive concerns. Ecuadorian left-leaning feminists use rights-based frameworks to reconcile penal interventions with potential abuses of coercive power. This allows them to regard criminal justice as minimally problematic within the redistributive agenda they endorse. At the same time, the penal approach of Ecuadorian feminists runs the danger of marginalising legally pluralistic approaches to justice. (shrink)

Over the past two decades, therule of law has emerged as a key priority within contemporary peacebuildingefforts. Drawing on examples from post-Dayton Bosnia, this article examines theimpact of rule of law reform efforts on broader patterns of power and politicalauthority in peacebuilding contexts. It suggests that in the case of Bosnia,the use of rule of law strategies to restructure political life has largelyfailed. Thus, despite some notable achievements on the rule of law front, thecore dynamics of Bosnia’s political conflict (...) remain intact, and country’s peaceprocess is as fragile as ever. The article concludes by noting that charting acourse between accepting the political status quo and fundamentallytransforming it requires more nuanced approaches that advance the rule of laweven while accepting its limits as an instrument of deep politicaltransformation. (shrink)

Post-truth is a complex phenomenon which could be analysed from a variety of perspectives. In this paper, attention will be paid to the theoretical and practical aspects concerning the role of law in contrasting the fake-news. These are the most important and evident results of the impact of post-truth in the legal and political world. A following focus is dedicated to the new forms of activism aiming at developing a critical conscience. The Author concludes that it is time (...) to promote practices of active citizenship, developed by new technologies, social network and digital platforms, as well as to organize dialogues and discussions in the educational environments and, more broadly, in the neighbourhoods of the city. (shrink)

This Article discusses the transplantation and harmonization of company law legislation in the British Empire in the early 20th century and in Palestine in particular. It describes the displacement of Ottoman law and its replacement by British company law in Palestine, particularly through the Palestine Companies Ordinance 1929. The Article suggests that the transplantation of British company legislation into Palestine was neither straightforward nor all-encompassing. The Article discusses some specific areas of transplantation difficulty in the case of mandatory Palestine, viz. (...) private companies, foreign companies, branch registers, and limits on land acquisition. (shrink)

The potential for vaccines to prevent the spread of infectious diseases is crucial for vaccination policy and ethics. In this paper, I discuss recent evidence that the current COVID-19 vaccines have only a modest and short-lived effect on reducing SARS-CoV-2 transmission and argue that this has at least four important ethical implications. First, getting vaccinated against COVID-19 should be seen primarily as a self-protective choice for individuals. Second, moral condemnation of unvaccinated people for causing direct harm to others is unjustified. (...) Third, the case for a harm-based moral obligation to get vaccinated against COVID-19 is weak. Finally, and perhaps most significantly, coercive COVID-19 vaccination policies (e.g., measures that exclude unvaccinated people from society) cannot be directly justified by the harm principle. (shrink)

Bell argues that the dialogue that emanate from the aesthetic realm cannot be understood through a solely art-historical approach; instead, they must be understood as part of a collective endeavour. In this sense, the 'art' of post-dictatorship is not something that belongs to art or the artists themselves, but is about how the subjectivities and imaginations of new generations engage with questions of response, ethics and justice; and, in so doing, re-align themselves in relation to the past and to (...) the future. This book provides a valuable resource for those interested in the law, politics, art and sociology of contemporary Argentina. It will be of immense use to those studying in these areas and to those concerned more widely with transitional justice and memory politics. (shrink)

This book fundamentally challenges the radical credentials of post-structuralism. Though Derrida, Foucault and Deleuze claim to have 'deconstructed' metaphysics, their work has much in common with previous attempts to 'end' the metaphysical tradition, from Kant to Nietzshe and Heidegger, and by sociology in general. Gillian Rose shows that this anti-metaphysical writing always appears in historically specific jurisprudential terms, which themselves found and recapitulate metaphysical categories. She reconsiders post-structuralism in this light and assesses the relationship between deconstruction and the (...) earlier structuralism of Saussure and Levi-Strauss. She argues in conclusion that the choice between post-structuralist nihilism and Hegelian and Marxist dialectic is spurious. (shrink)

Weak measurements offer new insights into the behavior of quantum systems. Combined with post-selection, quantum mechanics predicts a range of new experimentally testable phenomena. In this paper I consider weak measurements performed on time-dependent pre- and post-selected ensembles, with emphasis on the decay of excited states. The results show that the standard exponential decay law is a limiting case of a more general law that depends on both the time of post-selection and the choice of final state. (...) The generalized law is illustrated for two interesting choices of post-selection. (shrink)

Summary This article examines the complex nature of post-war Italian political thought, stressing the importance of Italy's unusual institutional and historical political arrangements, but also the vibrancy of its political ideologies in this period. In the past it has often been argued that the dysfunctional nature of post-war Italian democracy with its rapidly changing governments, and widespread corruption—which nonetheless coexisted with the one party, the Christian Democrats, being constantly in power—led to the atrophying of political theory in general, (...) and political ideologies in particular. But this picture is strongly disputed here—on the contrary it is argued that Christian Democratic, Left and liberal political ideologies were all complex and interesting. Thus if Christian democracy should ultimately be seen as an ‘ideology of transition’ which existed to help Catholicism adapt to the parameters of modern mass democracy, and which lacked a thinker of the calibre of Jacques Maritain, it nevertheless contained within it important debates on the role of the state, between such interesting thinkers as Giuseppe Dossetti and Alcide De Gasperi. And if anything, political thinking on the Left in the post-war period was even more complex, with visceral debates within the (large) Communist Party (PCI) over whether to work within the law—between such thinkers as Palmiro Togliatti and the Il Manifesto group. Equally on the more revolutionary Left, there were important debates about how quickly capitalism could be made to collapse through revolutionary action between thinkers such as Raniero Panzieri and his more radical disciples, Mario Tronti and Antonio Negri, while later, due to the general failure of these revolutionary efforts, post-modern thinkers such as Gianni Vattimo sought to abandon grand metaphysical narratives, whilst retaining a commitment to Left of centre political commitments. Finally, although not part of a widespread mass movement, the liberal thought of Norberto Bobbio was also highly interesting and sophisticated—borrowing from Hobbes and Kelsen, he sought to advocate a modest form of liberal democracy which allowed for civilised forms of conflict, and the protection of minorities, and which rejected the contention of Marxists that civil rights could not be distinguished from economic ones. Overall, if normative aspirations in post-war Italian politics were often frustrated in practice, this was certainly not due to any lack of theoretical vibrancy. (shrink)

This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action and reaction. I (...) argue that these are explainable by Kant’s allegiance to a Leibnizian mechanics. I show (in part II) that Leibniz too had a model of action and reaction, at odds with Newton’s. Then I reconstruct how Jakob Hermann and Christian Wolff received Leibniz’s model. I present (in Part III) Kant’s early law of action and reaction for mechanics. I show that he devised it so as to solve extant problems in the Hermann-Wolff account. I reconstruct Kant’s views on ‘mechanical’ action and reaction in the 1780s, and highlight strong continuities with his earlier, pre-Critical stance. I use these continuities, and Kant’s earlier engagement with post-Leibnizians, to explain the un-Newtonian features of his law of action and reaction. (shrink)

Since the 1980s the concept of ANT has remained unsettled. ANT has continuously been critiqued and hailed, ridiculed and praised. It is still an open question whether ANT should be considered a theory or a method or whether ANT is better understood as entailing the dissolution of such modern ‘‘genres’’. In this paper the authors engage with some important reflections by John Law and Bruno Latour in order to analyze what it means to ‘‘do ANT,’’ and, doing so after ‘‘doing (...) ANT on ANT.’’ In particular the authors examine two post-ANT case studies by Annemarie Mol and Marilyn Strathern and outline the notions of complexity, multiplicity, and fractality. The purpose is to illustrate the analytical consequences of thinking with post-ANT. The analysis offers insights into how it is possible to ‘‘go beyond ANT,’’ without leaving it entirely behind. (shrink)

Is the traditional understanding of cause and effect in aetiology so certain that Arthur Eddington therefore proposed in 1927 "the arrow of time, or time's arrow" involving "the 'one-way direction' or 'asymmetry' of time", such that "a cause precedes its effect: the causal event occurs before the event it affects. Thus causality is intimately bound up with time's arrow"? (WK 2014) This certain view on cause and effect can be contrasted with an opposing view by Michael Dummett, who suggested instead, (...) back in 1957, that "there was no philosophical objection to effects preceding their causes", or what is now known as "retrocausality". (WK 2014a) Contrary to these opposing views (and other ones as will be discussed in the book), aetiology (in relation to cause and effect) are neither possible (or impossible) nor desirable (or undesirable) to the extent that the respective ideologues (on different sides) would like us to believe. Of course, this questioning of different opposing views on cause and effect does not mean that the study of aetiology is useless, or that those diverse fields (related to aetiology) -- like physics, engineering, biology, philosophy, medicine, epidemiology, government, geography, spatial analysis, psychology, statistics, mathematics, economics, management, history, law, sociology, theology, and so on -- are worthless. (WK 2014b & 2014c) In fact, neither of these extreme views is plausible. Rather, this book offers an alternative (better) way to understand the future of aetiology in regard to the dialectic relationship between cause and effect -- while learning from different approaches in the literature but without favouring any one of them (nor integrating them, since they are not necessarily compatible with each other). More specifically, this book offers a new theory (that is, the pluralist theory of aetiology) to go beyond the existing approaches in a novel way, and is organised in four chapters. (shrink)

The book deals with post-analytical philosophy of law, which departs from the traditional view which considers philosophical cognition as a sense-making and optimizing activity. It seeks to deconstruct the analytical, both philosophical and legal, narrative to expose it as a collection of schemes which oversimplify the legal and political reality.

In the early twenty-first century, liberal democracies have witnessed their foundational norms of critique and deliberation being disrupted by a combination of populist and technological forces. A distinctive style of dispute has appeared, in which a speaker denounces the unfairness of all liberal and institutional systems of equivalence, including the measures of law, economics and the various other ‘tests’ which convention scholars have deemed core to organisations. The article reviews how sociologists of critique have tended to treat critical capacities as (...) oriented towards consensus but then considers how technologies of real-time ‘control’ circumvent liberal critique altogether. In response, a different type of dispute emerges in the digital public sphere, which abandons equivalences in general, instead adopting a non-representational template of warfare. This style of post-liberal dispute is manifest in the rhetoric of populists but does not originate there. (shrink)