The Foundation for Legal Knowledge Systems (JURIX) has, sinceits foundation in 1988, become an internationally renowned forumfor Law and Artificial Intelligence in theNetherlands. This paper is based onan intellectual review of the work of JURIX requested by theorganisation as part of its 10th anniversary in December 1997 andpresented as a keynote address at the 10th anniversary conference.It has been updated to include the following two conferences. Itapplauds the overall effort but also suggests some directions forfuture development and suggests in particular:The (...) breadth of research has been commendable, butthere is a need to move towards greater integration of systems andmigration to internet based systems. (shrink)

Against the backdrop of the political intrigue in biomedicine’s ascendancy to orthodoxy, this article examines its contemporary rapprochement with Complementary Alternative Medicine (CAM), in the move toward an integrated medical regime. It also identifies and explores factors underlying the rapprochement, as well as different ethical challenges that face integrated medicine. It argues that a major approach to tackling these challenges hinges on devising just and equitable criteria for evaluating the efficacy of plural therapeutic paradigms inherent in CAM models. This is (...) attainable through a policy that encourages creating public health policy and medical personnel deliberately exposed as part of their curriculum to the philosophical and theoretical features of diverse therapeutic traditions. (shrink)

The problematique addressed by the article is the growth of a dominant discourse in early childhood education and care, which has a strong effect on policy and practice, paralleled by an increasing number of other discourses which problematise most of the values, assumptions and understandings of the former. Yet there is very little engagement between these discourses, in large part because they are situated within different paradigms—modernity in the former case, postfoundationalism in the latter. The author argues that the absence (...) of dialogue and debate impoverishes early childhood and weakens democratic practice. The article considers whether and in what conditions the concept of agonistic pluralism might provide a framework for political engagement among at least some on either side of the paradigmatic divide, and takes evaluation as one example of a subject for an agonistic politics of early childhood. (shrink)

We live in an era that normalized absurdism and abnormality. From successive devastating economic and environmental havoc, the world is now before a pandemic with a lethal footprint throughout the planet. The pandemonium became global. This paper situates the current COVID-19 pandemic within the context of an endless multi-plethora of devastating sagas pushing humanity into an unimaginable great regression. In doing so, the paper examines, how such pandemic reflects the very colors of an intentional epistemological blindness that frames Eurocentric reasoning, (...) which crippled the political economy of global capitalism deepening and accelerating a never-ending and non-stop crisis that started in 2008. The paper explores also the social construction of the current pandemic and argues for alternatives ways to think and to do education and curriculum theory alternatively to challenge Modern Western Eurocentric reasoning. In doing so, advances itinerant curriculum theory as a just approach, a just alter-curriculum ‘theory now’, one that respects the world’s pluri-epistemological diversity, and aims to walk way from utopias framed within the borders determined by coloniality towards an anti-decolonial climax, and ‘heretopia’. (shrink)

The issue of a logic foundation for African thought connects well with the question of method. Do we need new methods for African philosophy and studies? Or, are the methods of Western thought adequate for African intellectual space? These questions are not some of the easiest to answer because they lead straight to the question of whether or not a logic tradition from African intellectual space is possible. Thus in charting the course of future direction in African philosophy and studies, (...) one must be confronted with this question of logic. The author boldly takes up this challenge and becomes the first to do so in a book by introducing new concepts and formulating a new African culture-inspired system of logic called Ezumezu which he believes would ground new methods in African philosophy and studies. He develops this system to rescue African philosophy and, by extension, sundry fields in African Indigenous Knowledge Systems from the spell of Plato and the hegemony of Aristotle. African philosophers can now ground their discourses in Ezumezu logic which will distinguish their philosophy as a tradition in its own right. On the whole, the book engages with some of the lingering controversies in the idea of African logic before unveiling Ezumezu as a philosophy of logic, methodology and formal system. The book also provides fresh arguments and insights on the themes of decolonisation and Africanisation for the intellectual transformation of scholarship in Africa. It will appeal to philosophers and logicians—undergraduates and post graduate researchers—as well as those in various areas of African studies. (shrink)

This review examines two works that address the theoretical importance of Latin American political movements over the last two decades. I argue that while Boaventura de Sousa Santos raises the important issue of the political relationship between difference and unity, his work lends itself to ambiguous conclusions regarding this relationship. In particular, de Sousa Santos underestimates Marxism’s potential role as a theory and practice of political union. Nonetheless, his work provides certain insights on epistemology and political temporality that may help (...) Marxism amplify its political relevance today. Álvaro García Linera’s text represents a particular mode by which Marxism may engage with a politics of difference; however, I argue that García Linera’s work contains a tension between difference construed in autonomist, material terms and difference construed as identity. The latter, I suggest, has come to serve in Bolivia as the basis for an ultimately limited political project. (shrink)

This paper sets out a view of a General Jurisprudence that is needed to underpin the institutionalised discipline of law as it becomes more cosmopolitan in the context of “globalisation”, and considers its implications. Part I restates a position on the mission and nature of the discipline of law and of the role of jurisprudence, as its theoretical part, in contributing to the health of the discipline. Part II clarifies some questions that have been raised about this conception of General (...) Jurisprudence: (i) the implications of “globalisation”; (ii) The meaning of “General Jurisprudence” in this context; (iii) The relationship between Jurisprudence, Legal Philosophy, and social scientific approaches to law; and (iv) The significance of the idea of “non-state law”. Part III illustrates through concrete examples some implications for possible agendas and issues suggested by this model within the areas roughly characterised as analytical, normative, empirical, and critical jurisprudence, including critical analysis of the assumptions and presuppositions typically underpinning mainstream work in fields such ascomparative law, public international law, religious law, and socio-legal studies. (shrink)

The essay seeks to harness the diverse and innovative work to date of legal semiotics. It seeks to bring together the cumulative research traditions of these related areas as a preclusion to identifying fertile avenues for research.

The pace, the scale, the nature and the reach of social transformation are such that moments of destruction and moments of creation succeed each other in a frantic rhythm without leaving time or space for moments of stabilization and consolidation. This is precisely why I characterize the current period as one of transition.

This essay draws upon Gramsci’s understandings of law and of the philosophy of praxis to develop a critical analysis of international law in the constitution and potential revolutionary transformation of the contemporary global political economy. The analysis illustrates the analytical utility of Gramscian conceptions of historical bloc and hegemony in capturing the significance of international law as an effective historical force. It also extends these conceptions, theoretically, by arguing that the global political economy is undergoing a process of juridification in (...) which a commodified legal form provides the template for economic and political regulation. The commodity form theory of law is presented as the key to understanding the significance of international law under the culture of global capitalism. (shrink)

This article explores how the Portuguese legal system’s efforts to determine paternity of children born outside legal marriage, automatically initiated by the Registry Office when a birth registration does not indicate the father, reveal cultural models which reinforce the naturalisation of the differences between mothers and fathers, with significant effects on the social construction of parental roles and on expectations of family organisation and female sexual behaviour. The article relies on ethnographic data drawn from direct observation of court proceedings for (...) the determination of paternity, as well as interviews with judges and prosecuting counsels all over the country. It is argued that judicial practices in the specific context of courtroom investigations of paternity reinforce gender inequalities in two interrelated ways. On the one hand, they are strengthened in the discursive practices performed during the course of the interactions between judges, prosecuting counsels and the mother of the child, as well as the alleged father. On the other hand, the normative model of family life and the dominant ideology of women’s and men’s relationships, which emphasise women’s socially subordinate position, are revealed by the selective use of DNA testing in paternity cases, based on the judge’s evaluation of the mother’s sexual behaviour. The article argues that legal attempts to establish the paternity of children born outside marriage—though based on novel technical and supposedly objective procedures—tend, nevertheless, to reproduce the prevailing patriarchal structures. (shrink)

The concept of scale is useful in analyzing both the strengths and limitations of community food security programs that attempt to link issues of ecological sustainability with social justice. One scalar issue that is particularly important but under-theorized is the scale of social reproduction, which is often neglected in production-focused studies of globalization. FoodShare Toronto's good food box (GFB) program, engages people in the politics of their everyday lives, empowering them to make connections between consumption patterns and broader political-economic, cultural, (...) and political-ecological issues. Community food security (CFS) projects such as the GFB are currently limited in their scope and reach and have been criticized for their inability to deliver food to a larger segment of marginalized, hungry people. A central dilemma for CFS projects is how to engage the majority of urban consumers who still eat “inside the box” of the industrial food system. We argue that the concept of scale helps clarify how CFS projects must “scale out” to other localities, as well as “scale up” to address structural concerns like state capacity, industrial agriculture, and unequal distribution of wealth. This requires the state and the third sector to recognize the importance of multi-scaled food politics as well as a long-term pedagogical project promoting ecological sustainability, social responsibility, and the pleasures of eating locally. (shrink)

My starting point in this paper is the artistic structures of the Renaissance. Resorting to what I call an epistemology of blindness, I set out to identify the limits of representation in modern science. This epistemology applies to different sciences in different degrees. I argue that the degree is particularly high in the case of mainstream economics. At the end of the paper I indicate some possible ways of advancing from an epistemology of blindness toward an epistemology of seeing.

The rise of the idea of the Anthropocene is promoting multiple reflections on its meaning. As we consider entering this new geological epoch, we realize the pervasiveness of humankind’s deconstruction and reconstruction of the Earth, in both geophysical and discursive terms. As the body of the Earth is marked and reshaped, so is its idea. From a hostile territory to be subjugated and exploited through sovereign commands, the Earth is now reframed as a vulnerable domain in need of protection. The (...) mode of sovereignty, which has accompanied human and legal history and practice during modernity and its project of mastery, is no longer useful. Humanity’s control of the Earth is being reimagined and reconfigured along biopolitical coordinates of thought and action. Biopolitics shifts the focus of power, changes its modalities of interventions, and rearticulates its legitimacy on the idea of taking responsibility for the Earth, for nature. A biopolitical re-orientation of law captures the fundamental aim of caring for nature, of fostering its vital possibilities and of enhancing its productive potential. Yet, biopolitics engulfs nature in its entirety under its framework of control, where protection and subjugation, vulnerability and productivity, life and death are constantly entangled in a reciprocal and inevitable relation of indistinguishability. Sovereignty becomes thus a key modality of biopolitical intervention, when nature is recalcitrant, wild, spontaneous, unpredictable, violent, dangerous. Biopolitics, thus, remains caught in an undecidable dilemma, where in order to protect the Earth, it must subjugate it; to save it, it must condemn it. In this respect, biopolitics remains utterly modern, or as argued by Roberto Esposito, modernity has always been biopolitical, insofar as modernity has emerged as a framework for the protection of life against life’s own excesses. But how can we escape the biopolitical reframing and enframing of the Earth and its total subsumption under its matrix of control? How can we rethink the encounter between law and nature without remaining entangled in the aporetic dilemma of biopolitics? An aesthetics of wonder may offer a way. (shrink)