In his essay “Pre-Conventions: A Fragment of the Background”, Bruno Celano seems to endorse three claims about what he calls ‘pre-conventions’: that such ‘entities’ exist; that they are neither rules nor de facto regularities; and that their ‘character’ is at once factual and normative: that pre-conventions are “literally, ‘normative facts’.” I suggest that and are not particularly striking claims, and that Celano’s case for is unpersuasive.

In this paper I argue that there exist conventions of a peculiar sort which are neither norms nor regularities of behaviour, partaking of both. I proceed as follows. After a brief analysis of the meaning of ‘convention’, I give some examples of the kind of phenomena I have in mind: bodily skills, know-how, taste and style, habitus, “disciplines”. Then I group some arguments supporting my claim: considerations about the identity conditions of precedents and about the projectibility of predicates in (...) inductive inference generally ; thoughts about rule-following ; an examination of some of J. R. Searle’s ideas about the “Background” of intentionality. I conclude with some remarks about the time-honoured antithesis ‘nature’ v. ‘convention’.  The Italian original of this text was published in: Ragion Pratica 2: 605–632. (shrink)

The paper offers a comparison between the legal theory of normative facts on the one hand, and Bruno Celano’s theory of pre-conventions on the other, suggesting two ways that the latter may be of use to well-meaning jurists.

In this comment to Celano’s “Pre-Conventions. A Fragment of the Background”, the author introduces the following question: What kind of explanation fits better with behaviours that could be categorised as pre-conventions? Some possible answers to the question are explored, as well as some possible implications for Celano’s proposal.

Celano’s notion of a “pre-convention” is grounded in the opposition between two types of normative behaviour: following a rule and conforming to a norm. The opposition plays a central role in Celano’s paper, and marks a crucial point in his intellectual trajectory. Nevertheless, it remains largely implicit. In this paper I try to make it fully explicit, giving a more precise, albeit sketchy, characterization of both kinds of normative behaviour. I also focus on the importance of distinguishing between them, express (...) some conjectures regarding Celano’s future research, and propose a critique. (shrink)

The aim of this comment is to discuss tentatively one way of understanding, for the study of legal phenomena, some of the implications of recognising the existence of peculiar entities which Celano calls pre-conventions. This comment speculates that, if Celano is right, then so-called paradigm cases of law lose some of their philosophical centrality. To study pre-conventions, one needs to collect accounts of situations in which relevant agents use criteria for identifying legal phenomena that only approximate valid sources (...) of law. To provide such accounts, the traditional informational focus of a philosophical analysis of law also needs, this comment further speculates, substantial broadening: if pre-conventions are in the body, then that is where we need to look if we want to study them. (shrink)

In “Pre-conventions: A fragment of the Background”, Bruno Celano argues for the existence and philosophical significance of what he calls “pre-conventions” – a type of convention distinct from those hitherto discussed in the literature, and which transcends a number of orthodox philosophical distinctions. In these comments, I suggest that Celano may have shown that there is a distinct type of convention governing judgments of style or taste. If so, we may learn some important lessons by examining this new (...) type of convention. However, I express doubts about whether the broader ambitions of Celano’s paper are fulfilled. I contend that pre-conventions are not as common as he suggests, and are not present in some of the other examples he gives. I also express doubts about whether he is right to suggest that there is a distinct type of convention that renders possible the development of conventions of the sort which David Lewis was interested in. (shrink)

In these brief comments on Bruno Celano’s “Pre-conventions. A Fragment of the Background”, I propose further thoughts on what, following Celano’s analysis, I call embodied conventions. I begin with a number of remarks on Celano’s philosophical method. Then I claim, first, that the social dimension of conventionality remains obscure in his account of embodied conventions, and, second, that his account of pre-conventions is still imprecise due to the ambiguity of the notion of the Background.

Subjective probabilities play a significant role in the assessment of evidence: in other words, our background knowledge, or pre-trial beliefs, cannot be set aside when new evidence is being evaluated. Focusing on homeopathy, this paper investigates the nature of pre-trial beliefs in clinical trials. It asks whether pre-trial beliefs of the sort normally held only by those who are sympathetic to homeopathy can legitimately be disregarded in those trials. The paper addresses several surprisingly unsuccessful attempts to provide a satisfactory justification (...) for ignoring the pre-trial beliefs of the homeopathic community. The ensuing diagnosis of the difficulties here emphasizes that the reason the arguments for choosing the pre-trial beliefs of the conventional community seem insufficient is not the arguments per se. It is rather that there is no cogent argument for choosing the conventional stance which would at the same time rationally persuade a member of the homeopathic community. The paper concludes that, once we understand that this is the predicament, there is no genuine reason to doubt the reasoning that leads us to reject the pre-trial beliefs of the homeopathic community. (shrink)

Anthropologists often have fieldwork experiences that are not explicitly analysed in their writings, though they nevertheless contribute to and shape their ethnographic understandings, and can resonate throughout their work for many years. The task of this volume is precisely to uncover these layers of anthropological knowledge-making. Contributors take on the challenge of reconstructing the ways in which they originally entered the worlds of research subjects - their anthropological Others - by focusing on pre-textual and deeply phenomenological processes of perceiving, noting, (...) listening and sensing. Drawing on a wide range of research experiences - with the Dogon in Mali, immigrant football players in Spain, the Inuit of the Far North, Filipino transnational families, miners in Poland and students in Scotland - this book goes beyond an exploration of the development of increased ethnographic sensitivity towards words or actions. It also commences the foundational project of developing a new language for building anthropological works, one stemming from recurring acts of participation, and rooted primarily in the pre-textual worlds of the tacit, often non-visible, and intense experiences that exceed the limitations of conventional textual accounts. (shrink)

In the context of a covariant mechanics with Poincaré-invariant evolution parameter τ, Sa'ad, Horwitz, and Arshansky have argued that for the electromagnetic interaction to be well posed, the local gauge function of the field should include dependence on τ, as well as on the spacetime coordinates. This requirement of full gauge covariance leads to a theory of five τ-dependent gauge compensation fields, which differs in significant aspects from conventional electrodynamics, but whose zero modes coincide with the Maxwell theory. The pre-Maxwell (...) fields may exchange mass with charged particles, permitting pair annihilation even at the classical level. The total mass-energy-momentum tensor of the fields and particles is conserved. The Green's functions for the fields provide spacelike and timelike support for correlations, as well as lightlike propagation. A τ-integration of the fields—singling out the massless photons—recovers the standard Maxwell theory, which then has the character of an equilibrium limit of the underlying microscopic dynamics. The pre-Maxwell theory also turns out to be the solution of the inverse problem in variational mechanics: it is shown to be the most general local gauge theory consistent with unconstrained commutation relations in four dimensions. Posed in this framework, the extension to n-dimensions, curved background space, and non-abelian gauge symmetry becomes straightforward. (shrink)

Tarski’s Convention T—presenting his notion of adequate definition of truth (sic)—contains two conditions: alpha and beta. Alpha requires that all instances of a certain T Schema be provable. Beta requires in effect the provability of ‘every truth is a sentence’. Beta formally recognizes the fact, repeatedly emphasized by Tarski, that sentences (devoid of free variable occurrences)—as opposed to pre-sentences (having free occurrences of variables)—exhaust the range of significance of is true. In Tarski’s preferred usage, it is part of the meaning (...) of true that attribution of being true to a given thing presupposes the thing is a sentence. Beta’s importance is further highlighted by the fact that alpha can be satisfied using the recursively definable concept of being satisfied by every infinite sequence, which Tarski explicitly rejects. Moreover, in Definition 23, the famous truth-definition, Tarski supplements “being satisfied by every infinite sequence” by adding the condition “being a sentence”. Even where truth is undefinable and treated by Tarski axiomatically, he adds as an explicit axiom a sentence to the effect that every truth is a sentence. Surprisingly, the sentence just before the presentation of Convention T seems to imply that alpha alone might be sufficient. Even more surprising is the sentence just after Convention T saying beta “is not essential”. Why include a condition if it is not essential? Tarski says nothing about this dissonance. Considering the broader context, the Polish original, the German translation from which the English was derived, and other sources, we attempt to determine what Tarski might have intended by the two troubling sentences which, as they stand, are contrary to the spirit, if not the letter, of several other passages in Tarski’s corpus. (shrink)

How should we assess the social structures that govern human conduct and settle whether we are bound by their rules? One approach is to ask whether those social arrangements reflect pre-conventional facts about our nature. If they do, compliance will serve our interests because these rules are not just conventions. Another approach is to ask whether following a convention has desirable consequences. For example, the rule which makes the dollar bill legal tender is a convention and the great usefulness (...) of having a medium of exchange ensures that we should follow that convention by accepting paper money in return for things of real value. This work argues that being bound by a convention can also be valuable for its own sake. People need meaning in their lives and conventions infuse acts and attitudes with normative significance, rendering them right or wrong, appropriate or inappropriate, required or forbidden. Such rules bind us not just in virtue of their usefulness but also because their absence would impoverish our social world. Appreciating this point is essential to a proper understanding of our cultures of neighbourliness and hospitality, family structures, systems of property rights, conventions around speech, the norms governing how we deport ourselves in public, and even the rules of a game. (shrink)

The study proposes a new approach towards a social phenomenon called convention and submits a minimalistic definition of convention, which provides a promising basis for future analysis unburdened by contra-Lewisian objections. The definition itself, based on the insights of Ruth Millikan in the study Language Conventions Made Simple, represents a simple and efficient means of delimiting essential components of conventional behaviour (stripped of most of the controversial issues from previous debates on Lewis’s notion) solely by means of the role (...) of precedent and its ability to reproduce. Yet, it is argued that a few additional conditions are required for a valid and distinct notion of conventionality: namely, the inclusion of a coordination aspect and an extension of the concept of precedent. The final version of the definition, thereafter, meets intuitive requirements of conventionality (e.g., arbitrariness) and has the generality to embrace different types of conventions. (shrink)

Lockeans regard taxation as a—perhaps sometimes permissible—infringement of moral property entitlements. This essay discusses whether, or in what form, this charge is defensible. In doing so, it will explore the truth and the limits of the conventionalist reply of Murphy and Nagel to Lockean challenges to taxation. It argues that there is a moral rationale for property conventions that is independent of the question whether and how one can acquire natural, pre-conventional property rights in the state of nature, that (...) this rationale sets a moral standard for how good property conventions are and whether they are justifiable at all, and that once property conventions are in place, people’s moral property entitlements are at least partly determined by these conventions, sometimes even by unjustifiable ones that ought to be reformed. Because taxation can be a part of property conventions, taxation as such is not an infringement of moral property entitlements. But the essay will also argue that some taxation—excessive taxation—does infringe on moral property entitlements. This is because the moral rationale for property conventions sets some standards for what owners should be entitled to, and so excessive taxation will infringe upon moral entitlements that are partly not convention-based. (shrink)

Transcranial magnetic stimulation can be used to mask visual stimuli, disrupting visual task performance or preventing visual awareness. While TMS masking studies generally fix stimulation intensity, we hypothesized that varying the intensity of TMS pulses in a masking paradigm might inform several ongoing debates concerning TMS disruption of vision as measured subjectively versus objectively, and pre-stimulus versus post-stimulus TMS masking. We here show that both pre-stimulus TMS pulses and post-stimulus TMS pulses could strongly mask visual stimuli. We found no dissociations (...) between TMS effects on the subjective and objective measures of vision for any masking window or intensity, ruling out the option that TMS intensity levels determine whether dissociations between subjective and objective vision are obtained. For the post-stimulus time window particularly, we suggest that these data provide new constraints for models of vision and visual awareness. Finally, our data are in line with the idea that pre-stimulus masking operates differently from conventional post-stimulus masking. (shrink)

This paper examines our pre-theoretic conception of non-supernaturalism; the thesis that all that exists is natural. It is argued that we intuitively take this thesis to be a substantive, non-dogmatic, empirically justified, not merely contingent truth. However, devicing an interpretation of non-supernaturalism that captures all aspects of this intuition is difficult. Indeed, it is found that this intuition conflates the strong inferential scope of a metaphysical claim with the modest justificatory requirements of an empirical matter of fact. As such, non-supernaturalism, (...) in itspre-theoreticform, contains an internal tension that must be navigated whenever the thesis features in systematic thinking. (shrink)

The conventional wisdom is that any trading scheme that is not for investment purposes but, rather, for the purpose of inflating or deflating the market price, namely, manipulation, is fraudulent. This paper treats manipulation as a form of communication between the manipulator and the market. As with any communication, it may sometimes be fraudulent, but often it is based on the manipulator’s knowledge, or genuine belief, that a certain stock is being traded at a discount. Under the assumptions of the (...) CAPM, such an informed party should use this information to trade for investment purposes only, but liquidity and risk constraints, which are ignored by the CAPM, often do not allow him to invest; instead these constraints force him to bid the market up. The manipulator’s effect on the market arouses analyst attention and induces the market to update its evaluation of the firm’s value. The more liquid the market, the faster the market updates its evaluation of the firm’s value, and thus the greater the value to the manipulator if his scheme is based on information. I support this theoretical claim with an empirical study of stock manipulation indictments brought by the Israeli Securities Agency during the last decade. The study treats each indictment as a competition between two rival analysts: the Agency, which recommends a “hold” at the pre-manipulation price and a “sell” at the post-manipulation price, and the manipulator, who recommends a “buy” at the pre-manipulation price and a “hold” at the post-manipulation price. Examining the long-run performance of the forty-five stocks that were the subjects of the indictments, I find that investors could gain by following the advice of the Agency. However, the long-run performance of the twenty-two most liquid stocks shows that these stocks experienced a significant positive abnormal return. This finding provides support for my claim that information is a driving force behind many manipulative schemes, especially those that are conducted in liquid markets. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

In _War by Agreement_ (Oxford and New York: Oxford University Press, 2019), Yitzhak Benbaji and Daniel Statman argue that the ‘war convention’ – i.e. the international laws and conventions that are widely accepted to govern the use of force between sovereign states – represents a morally binding contract. On their understanding, the war convention replaces a pre-contractual morality governed by principles that so-called reductive individualists have identified and argued for over the past twenty years. This paper argues that if (...) we take Benbaji and Statman’s contractarian interpretation of the war convention seriously, we have to conclude that its _in bello_ rules have moral force only in contexts where its _ad bellum_ rules were breached non-culpably. While Benbaji and Statman do not attend to this limitation of their argument, it has important ramifications in practice, as it is frequently unclear in the context of war whether one’s adversary is acting in good faith. (shrink)

I ask whether social evolutionary theories found in sociology, archaeology, and anthropology are useful in explaining human development from the Stone Age to the present-day. My data are partly derived from the four volumes of The Sources of Social Power, but I add statistical data on the growth of complexity and power in human groups. I distinguish three levels of evolutionary theory. The first level offers a minimalist definition of evolution in terms of social groups responding and adapting to changes (...) in their social and natural environment. This is acceptable but trivial. The hard part is to elucidate what kinds of response are drawn from what changes, and all sociology shares in this difficulty. This model also tends to over-emphasize external pressures and neglect human inventiveness. The second level of theory is “multilineal” evolution in which various paths of endogenous development, aided by diffusion of practices between societies, dominate the historical and pre-historical record. This is acceptable as a model applied to some times, places, and practices, but when applied more generally it slides into a multi-causal analysis that is also conventional in the social sciences. The third level is a theory of general evolution for the entire human experience. Here materialist theories are dominant but they are stymied by their neglect of ideological, military, and political power relations. There is no acceptable theory of general social evolution. Thus the contribution of social evolutionary theory to the social sciences has been limited. (shrink)

Restoration skills training is a mindfulness-based course in which participants draw support from a natural practice setting while they learn to meditate. Well-established conventional mindfulness training can improve psychological functioning but many perceive it as demanding and fail to sustain practice habits. Applying non-inferiority logic, previous research indicated that ReST overcomes compliance problems without compromising the benefits gained over 5 weeks’ training. This article applies similar logic in a 6-month follow-up. Of 97 contacted ReST and CMT course completers, 68 responded (...) and 29 were included with multiple imputation data. The online survey included questions about their psychological functioning in three domains and the forms and frequencies with which they had continued to practice mindfulness after the course. Former ReST participants continued, on average, to show higher dispositional mindfulness and fewer cognitive lapses compared to pre-course ratings. Improved psychological functioning in one or more domains was demonstrated by 35%, as determined by a reliable change index. Again, analyses detected no indications of any substantive disadvantages compared to the more demanding, established CMT approach. Compared to the CMT group, more ReST participants had also continued to practice at least occasionally. Continued practice was linked to sustained improvements for ReST but not clearly so for CMT. ReST participants thus continued to use the skills and sustained the improvements in psychological functioning that they had gained in the course, further supporting the utility of ReST as a health intervention. (shrink)

The analysis, with the use of two state vectors, of a quantum system, during the time interval between two measurements, leads to some amazing results, which seem to contradict our usual “quantum common sense.” We explore the questions of compatibility with the conventional quantum theory, uniqueness of pre- and post-selected ensembles, commutativity, simultaneity and reality of strong and weak values in the intermediate time, and the meaning of the weak value. Common criticisms are shown to be unfounded.

The topic of asymmetry between the semantic and the phono-morphological levels of language emerges very early in Indian technical and speculative reflections as it also does in pre-socratic Greek thought. A well established relation between words and the objects they denote seems to have been presupposed for each analysis of the signification long before its earliest statement. The present paper aims at shedding light on two different patterns of tackling the mentioned problem. The first approach sees asymmetry as an exception (...) to the regular correspondence between language and reality, whereas the second approach considers language in itself as a conceptualisation which does not faithfully represent reality. In the latter case, asymmetry is no longer an exception, but the rule. (shrink)

This article recovers and analyses some of the ways in which 'society' in the latter half of the eighteenth century was re-described by Swedish political writers attempting to reform current ways of organizing social and political space. The article shows how a radical language of politics contributed to the formation of a new collective identity for commoners. By concentrating on changing social descriptions -- specifically the challenges that were posed to conventional ways of understanding and representing society -- two relationships (...) of central importance to understanding the emergence of modern political thought and social organization are analysed: firstly, the relationship between political rhetoric in the construction of new collective identities and, secondly, the relationship between political struggle and the media, or public sphere. Moreover, the article contributes to a history of early European radical political thought, focusing on ideological developments that took place before the French Revolution and on the so- called margins of Europe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Images of Women in Chinese Thought and Culture: Writings from the Pre-Qin Period through the Song DynastyXiufen LuImages of Women in Chinese Thought and Culture: Writings from the Pre-Qin Period through the Song Dynasty. Edited by Robin R. Wang. Indianapolis: Hackett Publishing Company, 2003. Pp. xiv + 449.Images of Women in Chinese Thought and Culture: Writings from the Pre-Qin Period through the Song Dynasty, edited by Robin R. (...) Wang, is an excellent collection of English translations from the Classical Chinese of writings on women. As the title indicates, the book starts with writings from before the founding of the Qin, China's first bureaucratic state, in 221 B.C.E., and ends with the Tang and Song dynasties (618-1279 C.E.), a period that has been considered the richest in Chinese history in terms of literature and art production.The anthology includes fifty-four selections arranged in five parts based on a conventionally accepted chronology of the texts. There is a brief introduction at the beginning of each selection that helps familiarize the reader with the texts and the historical and cultural context out of which women's issues have arisen. The first two parts include selections from oracle-bone inscriptions, the earliest Chinese writings ever discovered; texts from the major ancient philosophical schools, such as Confucianism, Daoism, Mohism, and Legalism; and folk literature together with poems by some of the best-known poets of their time. These writings not only encompass the intellectual foundations of Chinese civilization but also provide valuable sources for understanding how perceptions of gender relations have been shaped by the Chinese cosmological and philosophical view of the world. In text number 3, the Classic of Changes (Yijing), women and men are understood as the highest embodiments of yin and yang, the two fundamental forces that characterize the development of the universe. Since these forces are understood as both hierarchical—as they are manifested in the interrelation between the earth and sky—and, more importantly, complementary to each other, women's roles in family and society are thus recognized as distinct from, yet complementary to, those of men.In part 3, the reader is led through the Han (202 B.C.E.-220 C.E.), China's longest-lived dynasty. Writings from this period reveal the processes by which the ancestral wisdom, especially the Confucian Classics, were codified through government-sponsored scholarship. The writings of Dong Zhongshu (195-115 B.C.E.) and The Comprehensive Discussion in the White Tiger Hall (Baihu tong) were two of the texts responsible for the establishment of the official Confucian ideology of the Han. Texts drawn from this period also include works by Ban Zhao (45-114 C.E.), China's first and most influential female historian and scholar. Her writings were originally intended as moral guidance for women and were regarded in Chinese society as key texts in women's education up to the twentieth century.The six selections included in part 4 are comparatively less well known to English readers, except for The Ballad of Mulan, which became popular in the West after the story of Mulan was made into an animated movie in 1998. The other writings in this part have only been translated into English since the 1970s. Among them, [End Page 496] English versions of Family Instructions to the Yan Clan and Women in the Standard Histories were prepared especially for this volume. These writings reveal how Neo-Confucianism and Neo-Daoism became the principal approaches to comprehending the social reality and gender relations following the chaotic disintegration of the Han dynasty, and they help explain the increasing dominance of Confucian ideology and its implications for women.Finally, in part 5, there are included among other selections some well-crafted love stories written in the classical language by eminent men of letters and works by several great poets (both men and women) of the Tang and Song periods. In this section there are writings by some of the most familiar names of the period, such as Bojuyi (772-846 C.E.), Yuan Zhen (779-831 C.E.), and Li Qingzhao (1081-1151 C.E.). These authors have... (shrink)

In this volume, Lloyd Strickland makes the key philosophical writings of maverick Enlightenment philosopher André-Pierre Le Guay de Prémontval (1716-1764) available in English for the first time. His writings contain many provocative ideas and arguments, and anticipate modern developments such as open theism, process theology, and animal theodicy.

Although Belgian diplomats analysed the nazi-regime from the very first moment as intrinsically crimina!, inhuman, dictatorial and revenge seeking, they showed the nazis in 1934-1935 that dialogue was possible. The nazi-diplomacy, with secrecy as a keystone, permitted some of the most important Belgian politicians and businessmen to meet the.nazi-leaders without being disapproved by public opinion or even parliament. This resulted in a «practical» way to improve political and above all economical relations between Belgium and nazi-Germany. It can be seen as (...) a Belgian answer to the inability of France and Great Britain to force the Third Reich to respect the international security treaties which were to guarantee the sovereignty of Belgium. (shrink)

Ce qui frappe chez Spinoza, c'est une volonté constamment manifestée de se rendre maître de son destin. Fils de notable, ses qualités intellectuelles laissaient augurer d'un brillant avenir dans la communauté judéo-portugaise d'Amsterdam. Mais il éprouva le besoin d'élargir son horizon intellectuel. La preuve en est son désir d'apprendre le latin, langue savante de l'Europe chrétienne. Ce fut alors la rupture avec les siens. En 1656, après avoir échappé au poignard d'un fanatique, il fut excommunié par le conseil des rabbins (...) pour hérésie. Devenu polisseur de verres optiques, Spinoza mena dès lors une vie simple et retirée, tout en restant attentif aux événements de l'époque, entouré d'un petit groupe d'amis sûrs. Spinoza fut le premier à proposer une exégèse rationaliste de la Bible, qui l'amena à formuler la distinction entre le croire et le savoir : Dieu n'est pas extérieur au monde, mais immanent à la nature, il est la Nature. Il réfuta également toute supériorité de l'âme sur le corps et substitua ainsi une éthique à la morale : il n'y a pas de Bien ni de Mal, mais du bon et du mauvais. Du Court traité à l'Éthique, en passant par le Traité théologicopolitique, Jean Préposiet a choisi de donner une vue panoramique du projet philosophique de Spinoza. Il suit pas à pas l'élaboration d'un système qui fut en même temps, pour son auteur, une manière de vivre. D'où la part centrale que tient dans l'ouvrage l'élément historique et biographique. Connu pour sa contribution à l'historiographie spinoziste internationale - Spinoza et la liberté des hommes, Bibliographie spinoziste -, Jean Préposiet est également l'auteur chez Tallandier d'une Histoire de l'anarchisme, ouvrage traduit en plusieurs langues. (shrink)

In his article on pre-conventions, Celano presents, what the author calls, the Ontological Commitment Thesis and the Normative Bite Thesis. In this short comment, the author argues that the two theses are together both incompatible with the idea that pre-conventions are facts which have causal powers in human behaviour; also, if the ontological thesis is abandoned, normative determination could not be obtained. In other terms, the author argues that either pre-conventions are part of our causal explanation of (...) human behaviour or pre-conventions are abstract entities able to determine human behaviour normatively. In the first case, pre-conventions lack normative meaning, while in the second pre-conventions cannot integrate our causal explanation of human actions. Tertium non datur. (shrink)

L'ordre juridique qui se met en place, en France, aux derniers siècles du Moyen Âge a encore tout récemment été l'objet de riches débats : l'auto-développement des coutumes, l'autorité des droits savants et l'interventionnisme du roi de France ont notamment été au cœur de vives controverses historiographiques. La lecture des sources est à l'origine de querelles interprétatives, auxquelles s'ajoutent des difficultés méthodologiques que rencontrent les historiens du droit. Tandis que l'historien n'a accès qu'à une proportion infime du concret, celui-ci s'efforce (...) de combler ces lacunes, parfois même à l'aide d'une projection des catégories juridiques contemporaines. Cet anachronisme des concepts – parfois couplé à un anachronisme des faits – ne constitue-t-il pas l'un des vices rédhibitoires de la discipline? Cette méthode ne présente-t-elle pas, à l'inverse, une indéniable vertu heuristique et disciplinaire? Certains estiment alors que la théorie du droit est anhistorique, quand d'autres critiquent l'emploi par les historiens des concepts contemporains, comme la hiérarchie des normes, la souveraineté ou encore l'État. Outre de telles projections, c'est le sens donné à certains signifiants médiévaux ou modernes qui peut être relativisé, comme c'est le cas notamment pour les notions de droit positif, de droit commun ou encore de loi. Ces difficultés révèlent aussi à certains égards l'ambivalence de l'histoire du droit, écartelée entre science historique et dogmatique juridique. Ce livre propose alors une réflexion épistémologique sur l'un des grands enjeux de l'historiographie juridique contemporaine : peut-on penser l'ordre juridique médiéval et moderne à partir des catégories juridiques contemporaines? (shrink)

On new world order, internationalism, politics, and economic integration.