Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

Vardoulakis examines the history of the free will, arguing that there is no necessary connection with the concept of freedom. To illustrate this point, Vardoulakis turns to the stories of Franz Kafka, an author obsessed with narratives that show characters in confinement. However, these situations of confinement are only produced by the comical attempts of the characters to assert their free will.

To follow the legacy of Dr. B.R. Ambedkar, a RUSA Sponsored One-Day Facutly Development Programme on “Dr. B.R. Ambedkar, Indian Constitution and Indian Society” organised by the Department of Philosophy and P.G. Department of Public Administation held on 20th January, 2016 was a creative and fruitful effort to bring together the scholars and academicians from several disciplines to participate in the deliberations related to the conceptual understanding and insights of the philosophy of Dr. B.R. Ambedkar.

The pure theory of law is a positivist legal theory put forward by Hans Kelsen. Recently there have been two attempts to understand democracy as a source for the normativity that the pure theory assigns to law. Lars Vinx seeks to understand the pure theory as a theory of political legitimacy, in which the normativity that the pure theory assigns to the laws of a state depends on the state’s adoption of certain legitimacy enhancing features, including being democratic. Uta Bindreiter (...) argues that, in the case of European Community law, an additional criterion of democracy must be added to the criteria that the pure theory normally requires of legal systems before the pure theory can presuppose the normativity of European Community law. This thesis will argue that neither of these two accounts succeeds in demonstrating that the normativity of the pure theory can be understood to depend on democracy. (shrink)

Societies need markets, so just as trustworthy professionals are needed in fields such as healthcare, law and education, modern societies need trustworthy market managers, including corporate officers and directors. But in its screening of candidates, U.S. corporate business has lagged behind fields such as medicine and law, which in the nineteenth century addressed their need for screening by upgrading professional education and establishing licensing of individual practitioners. Corporate business, by contrast, has been too tolerant of problematic executives, particularly executives of (...) a type shown by recent research in psychology to exhibit a set of personality traits including below average concern about bad effects of their actions on other people. Over-representation of this problematic type has cost corporate business the trust and respect it could earn by resting fully on a time-honored alternative foundation already espoused by many trustworthy teachers and practitioners of business. Society needs these trustworthy people of business to work together to establish screening of candidates for high level corporate positions by upgrading MBA education and establishing licensing for these positions. For reasons again based on current findings in psychology, screening candidates for the MBA could be significantly strengthened by requiring historical studies, particularly history of the corporate legal structure in the U.S. and history of the MBA itself. Upgrading the MBA and establishing correlated licensing could open the way toward corrections in the legal form of the corporation to bring it into line with hospitals, law courts and universities as places where responsible professionals pursue their callings on behalf of society. (shrink)

Tom Stoppard’s 1966 play (and 1990 movie) /Rosencrantz and Guildenstern are Dead/ is a metatext – as a text, it interprets, builds upon, and refers to another text, Shakespeare’s Hamlet. Similarly, David N. Reznick’s /The Origin then and now: An interpretative guide to the Origin of Species/ (Princeton UP, 2010) is also a metatext. In this review, I turn to the history of science to evaluate whether Reznick’s book shares three families of virtues with Stoppard’s play: (i) brevity and precision, (...) (ii) intrigue and appeal, and (iii) a genuine value-add to the original. (shrink)

‘My Africa Reads’ is a memoir that looks back at my reading history. The ‘Preamble’ identifies authors who influenced my worldview during my secondary and tertiary education in the UK and who remained my companions during the first decade of my return to Nigeria. From this immersion in Eurocentric literature, the memoir progresses to my encounter with postcolonial African literature in the collective setting of the Africa Book Group, which I joined in 2002 and led from 2014 to 2018. The (...) memoir looks at authors and literature that the international women of ABG have engaged with, and at meetings at which guest experts spoke on aspects of African studies and affairs. It highlights the power of ABG—a shared reading experience—to advance that part of my cultural liberation facilitated by good postcolonial literature and open, unconstrained discussions with other women. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

This paper engages in a reading of several Derrideantexts, particularly Spectres of Marx, Politics of Friendship, and The Post Card, inan attempt to divine a coherent Derridean social andpolitical philosophy. It is submitted that such acoherent theory of civil society can be made out, onewhich situates civil relations in national borders andshared history. Such a situation, however, isproblematic for international relations theory andinternational law, which depend a priori onlocating the foundations of civil society in somethingwhich transcends nationalism and shared experience. (...) By engaging in a reading of the Declaration ofFriendly Relations Between States, this paperdemonstrates the apparent incompatibility of Derrideanpolitical philosophy and international law. In theprocess, it explores Derrida's strategy fortransforming the nature of international relations andlaw and, in so doing, identifies the relationshipbetween Derridean theory and the international legaltheory of Arangio-Ruiz. (shrink)

Quines ontological relativity is related to Tarskis theory of truth in two ways: Quine repudiates term-by-term-correspondence, as does Tarskis rule of truth; and Quines proxy argument in support of relativity finds exact formulation in Tarskis truth definition.Unfortunately, relativity is threatened by the fact that the proxy argument doesnt comply with the rule of truth (Tarskis celebrated condition (T)). Despite Quines express allegiance to (T), use of proxy schemes does not generate all of the true sentences condition (T) requires.

Inasmuch as unmitigated pain and suffering areoften thought to rob human beings of theirdignity, physicians and other care providersincur a special duty to relieve pain andsuffering when they encounter it. When pain andsuffering cannot be controlled it is sometimesthought that human dignity is compromised.Death, it is sometimes argued, would bepreferred to a life without dignity.Reasoning such as this trades on certainpreconceptions of the nature of pain andsuffering, and of their relationships todignity. The purpose of this paper is to laybare these (...) preconceptions. The duties torelieve pain and suffering are clearly mattersof moral obligation, as is the duty to respondappropriately to the dignity of other persons.However, it is argued that our understanding ofthe phenomena of pain and suffering and theirrelationships to human dignity will be expandedwhen we explore the aesthetic dimensions ofthese various concepts. On the view presentedhere the life worth living is both morally goodand aesthetically beautiful. Appropriate``suffering with'''' another can help to maintainand restore the dignity of the relationshipsinvolved, even as it preserves and enhances thedignity of patient and caregiver alike. (shrink)

Having been recognised as a “resource-intensive” economy, the People’s Republic of China has been experiencing major implications in terms of ecological environment degradation, which continuously harms the health of the Chinese people and the productivity of China’s economy. Among the political efforts set forth by the Chinese central authorities, the claim of promoting a “National Ecological Accounting and Auditing Scheme” has been drawing nationwide attention. Through a series of critical discourse analysis on relevant written texts produced by the central authorities, (...) mainstream media and the Chinese academics, this paper sets out to analyse the historical evolution of the institutional context in relation to the establishment of such a scheme, and further, to decipher the ideological underpinnings that have shaped this context. The findings indicate that the signification of NEAAS goes far beyond the environment protection, in that, this scheme constitutes a fundamental institutional reform that the Communist Party of China seeks to conduct. (shrink)

This paper considers whether, and if so how, the modelling of joint action in social philosophy – principally in the work of Margaret Gilbert and Michael Bratman – might assist in understanding and applying the concept of concerted practices in European competition law. More specifically, the paper focuses on a well-known difficulty in the application of that concept, namely, distinguishing between concerted practice and rational or intelligent adaptation in oligopolistic markets. The paper argues that although Bratman's model of joint action (...) is more psychologically plausible and phenomenologically resonant, its less demanding character also makes it less useful than Gilbert's in our understanding of the legal concept of concerted practice and in dealing with the above difficulty. The paper proceeds in two parts: first, a discussion of the concept of concerted practices in European competition law; and second, a discussion of Gilbert and' Bratman's models of joint action, including a comparative assessment of their ability to provide an evidentiary target and an evidentiary platform for conceited practices. (shrink)

This paper considers some of the curatorial devices used in exhibitions at the South End Museum in Gqeberha. The South End Museum, which opened on 3 March 2001, is modelled in several respects on the District Six Museum in Cape Town: it, too, is an urban-based, self-defined 'community museum' constituted around the histories of the apartheid Group Areas Act and the implementation of forced removals. Like many post-1994 museums in South Africa, the South End Museum relies on photographs for their (...) displays, whilst also making use of maps, a mural and reenactment. The paper considers the ways in which these different displays touch, recall, reflect and activate one another. Keeping in mind that the notion of 'community' in South Africa bears the burden of being raced by its apartheid and colonial pasts, and abiding by the spectrality that is constitutive of the image, the paper grapples with the haunted space of 'community museums' in the Eastern Cape. While the South End Museum deploys some of the same curatorial devices as the District Six Museum, and deals with related histories of forced removal, South End, it is argued, brings the relation between race, indigeneity and 'ruin' within 'community museums' into fleeting focus. (shrink)

The Dutch microbiologist/biochemist Albert Jan Kluyver was an early proponent of the idea of biochemical unity, and how that concept might be demonstrated through the careful study of microbial life. The fundamental relatedness of living systems is an obvious correlate of the theory of evolution, and modern attempts to construct phylogenetic schemes support this relatedness through comparison of genomes. The approach of Kluyver and his scientific descendants predated the tools of modern molecular biology by decades. Kluyver himself is poorly recognized (...) today, yet his influence at the time was profound. Through lens of today however, it has been argued that the focus by Kluyver and others to create taxonomic and phylogenetic schemes using morphology and biochemistry distorted and hindered progress of the discipline of microbiology, because of a perception that the older approaches focused too much on a reductionist worldview. This essay argues that in contrast the careful characterization of fundamental microbial metabolism and physiology by Kluyver made many of the advances of the latter part of the twentieth century possible, by offering a framework which in many respects anticipated our current view of phylogeny, and by directly and indirectly training a generation of scientists who became leaders in the explosive growth of biotechnology. (shrink)

This paper explores a grey area of psychiatric practice and, as with other challenging practices, the law is called upon to navigate conflicting legal issues. In particular, this paper explores the covert administration of medication: the concealment of medication in food or drink so that it will be consumed undetected. Rights-based approaches support nuanced understanding of the practices. Few policies, protocols or guidelines govern the practice in Ontario's psychiatric settings. While covert medication is understood to have “something to do” with (...) rights, there is confusion about how those rights play out on the ground. Institutional silences underlie and reinforce the practice. Most pressing, the covert administration of medication warrants an overt discussion, including of its impact on the rights-experience of persons in psychiatric settings. (shrink)

A comprehensive and practical study tool, introducing Kant's thought and key works and exploring his continuing influence.

This paper proposes an analysis of the European Constitution from the perspective of its conditions of possibility. The focus is on the conditions that subtend the European constitution, the conditions, the premises that make the European Constitution possible. In the present context of discourse “possibility” is understood in the sense of Kantian critique. But here critique is based on Reasonableness rather than on Reason—in fact a thesis orienting this essay is that the human being to survive and to survive well (...) must quickly change from a rational animal into a reasonable animal. Is the European constitution possible? Where must we search for the necessary conditions that support the European constitution (1) in common historical and cultural traditions, in common practices, in common social behaviours or (2) merely in a shared decision, an accord, a contract, a convention? There exists a third possibility: the idea that Europe has no future without a European constitution founded on awareness that all European Nations participate in a common destiny, which in the era of globalization is the destiny the whole world, indeed of life over the whole planet. Such participation must be based on the logic of otherness and reasonableness of which the human being alone as a semiotic animal is capable. As a semiotic animal, that is, an animal capable of metasemiosis, reflection and critical consciousness, the human being is responsible for all of life over the planet. (shrink)

This paper illustrates the main features of Luigi Ferrajoli’s theoretical approach to law, as they are developed in his Principia Juris . These include his opposition to the traditional perspective of natural law; his anti-cognitivist orientation; and, finally, his fundamentally normative approach. Among the numerous problems discussed in Ferrajoli’s compendious book, the paper focuses on his definition of constitutional democracy. In particular, the paper discusses the way in which Ferrajoli defines the complementarity between democracy and rights; Ferrajoli’s own criticism of (...) T. H. Marshall’s idea of citizenship; and the importance that the distinction between ‘decidable’ and ‘non-decidable’ rights have in Ferrajoli’s own system. Other issues of interests that are briefly discussed include the constitutionalisation of private law, and the defence of different kinds of liberty-rights. (shrink)