The aim of this book is to explain economic dualism in the history of modern Europe. The emergence of the manorial-serf economy in the Bohemia, Poland, and Hungary in the 16th and the 17th centuries was the result of a cumulative impact of various circumstantial factors. The weakness of cities in Central Europe disturbed the social balance – so characteristic for Western-European societies – between burghers and the nobility. The political dominance of the nobility hampered the development (...) of cities and limited the influence of burghers, paving the way to the rise of serfdom and manorial farms. These processes were accompanied by increased demand for agricultural products in Western Europe. (shrink)

Three concrete instances of modern and contemporary art development in the former Soviet bloc are addressed in the study. Comparing three particular cases of post-socialist countries (Czechoslovakia, Poland and Lithuania), three distinctive situations are identified in order to establish a link between modern and contemporary art and the emergence of canonized stories of their development. Although these concrete cases turned out to represent a certain range of situations-models that have taken place, the study indicates a variety of omissions and unrecognized (...) vital moments in the currently prevailing canons, which puts the connection of the shifting point of 1989 and the transition from modern to contemporary art into a new light. (shrink)

Book synopsis This book is devoted to the condition of the university under the pressures of globalization, with particular reference to Central Europe. It is intended as a companion volume for all those who combine their academic and disciplinary research with wider interests in the functioning of higher education institutions under the new pressures affecting Central Europe. Drawing on its interdisciplinary nature and the wide range of scholars involved, it intends to outline a useful map of (...) new, often challenging, areas, topics and concerns to be taken into account in rethinking the function of the university today. -/- Contents Contents: Philip G. Altbach: Academic Freedom: International Realities and Challenges - Richard Rorty: Does Academic Freedom Have Philosophical Presuppositions? - Stanley N. Katz: Can Liberal Education Cope? - Marek Kwiek: The State, the Market, and Higher Education. Challenges for the New Century - Roger Deacon/Ben Parker: The Schooling of Citizens, or the Civilizing of Society? - Tadeusz Buksinski: The University and Learning in a Situation of Depression - Martin Jay: The Menace of Consilience: Keeping the Disciplines Unreconciled - Voldemar Tomusk: Towards a Model of Higher Education Reform in Central and East Europe - Wolf Lepenies: Im Osten viel Neues. Wissenschafts- und Kulturpolitik für Europa - Zbigniew Drozdowicz: Academic Accreditation: a Polish Case Study - Marek Kwiek: The Nation-State, Globalization and the Modern Institution of the University. (shrink)

When future historians chronicle the twentieth century, they will see phenomenology as one of the preeminent social and ethical philosophies of its age. The phenomenological movement not only produced systematic reflection on common moral concerns such as distinguishing right from wrong and explaining the status of values; it also called on philosophy to renew European societies facing crisis, an aim that inspired thinkers in interwar Europe as well as later communist bloc dissidents. Despite this legacy, phenomenology continues to be (...) largely discounted as esoteric and solipsistic, the last gasp of a Cartesian dream to base knowledge on the isolated rational mind. Intellectual histories tend to cite Husserl's epistemological influence on philosophies like existentialism and deconstruction without considering his social or ethical imprint. And while a few recent scholars have begun to note phenomenology's wider ethical resonance, especially in French social thought, its image as stubbornly academic continues to hold sway. _The Far Reaches_ challenges that image by tracing the first history of phenomenological ethics and social thought in Central Europe, from its founders Franz Brentano and Edmund Husserl through its reception in East Central Europe by dissident thinkers such as Jan Patocka, Karol Wojtyla, and Václav Havel. (shrink)

The paper links higher education reforms and welfare states reforms in postcommunist Central European countries. It links current higher education debates and public sector debates, stressing the importance of communist-era legacies in both areas. It refers to existing typologies of both higher education governance and welfare state regimes and concludes that the lack of the inclusion of Central Europe in any of them is a serious theoretical drawback in comparative social research. The region should still, after more (...) than two decades of transition and heavy international policy advising, be viewed as a “laboratory of social experimentation”. It is still too risky to suggest generalizations about how Central European higher education and welfare systems fit existing typologies. Consequently, the “transition” period is by no means over: it is over in terms of politics and economics but not in terms of social arrangements. Both higher education and welfare states should be viewed as “work in progress”: permanently under reform pressures, and with unclear future. (shrink)

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium (...) sized communities of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the 2010s – Re-politicising of the public sphere, (...) removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy (...) 29 // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

This article discusses the various dimensions of East Central Europe's closure with the communist past, and then assesses the impact of transitional justice measures in the closure with communism. Special attention is paid to the so called 'lustration', which in the view of the author performs important functions in transitions to democratic regimes, related to the reconstruction of a moral and rational community, and to the closure with the communist past. The article shows that the failures and controversies (...) surrounding 'lustration' were due to its radical potential of reconstruction of a moral–rational democratic community, and also to specific socio–political factors of the post–communist ECE. What specific features of ECE post–communist transitions and of lustration conducted to the recurrence of debates related to the communist past is a question that has not been addressed heretofore, despite a fairly well–developed literature on post–communist administrative justice. (shrink)

The most important voices concerning the changes now occurring in Central and Eastem Europe are those that come from within, for those voices are informed not only by indifferent data and objective reports, but by personal hopes, fears, desires and needs. Without careful consideration of what such voices say, judgment can only be sterile. Furthermore, policy decisions made without the benefit of the intemal perspective are likely to be flawed, and ineffectual. Policies won’t work if they do not (...) take into account the point of view of those who are supposed to be affected by them. There nevertheless remains an important role for outsiders to play in the discussion of the impact of political change on the future of philosophical thought, especially if the outside perspective can serve as a test of the internal view. (shrink)

Publication ethics is an important aspect of both the research and publication enterprises. It is particularly important in the field of biomedical science because published data may directly affect human health. In this article, we examine publication ethics policies in biomedical journals published in Central and Eastern Europe. We were interested in possible differences between East European countries that are members of the European Union (Eastern EU) and South-East European countries (South-East Europe) that are not members of (...) the European Union.The most common ethical issues addressed by all journals in the region were redundant publication, peer review process, and copyright or licensing details. Image manipulation, editors’ conflicts of interest and registration of clinical trialswere the least common ethical policies. Three aspects were significantly morecommon in journals published outside the EU: statements on the endorsement of international editorial standards, contributorship policy, and image manipulation.On the other hand, copyright or licensing information were more prevalent in journals published in the Eastern EU. The existence of significant differences amongbiomedical journals’ ethical policies calls for further research and active measuresto harmonize policies across journals. On the other hand, copyright or licensing information were more prevalent in journals published in the Eastern EU. The existence of significant differences among biomedical journals’ ethical policies calls for further research and active measures to harmonize policies across journals. (shrink)

The chapter aims to introduce an integrated approach to concepts of smart cities and age-friendly cities and communities. Although these ideas are widely promoted by the European Union and the World Health Organisation, they are perceived as separate. Meanwhile, these concepts are closely intermingled in theory and practise concerning the promotion of healthy and active ageing, a universal design, usability and accessibility of age-friendly environments, reducing of the digital divide and robotic divide, and reducing of older adults’ social isolation. The (...) conclusion underlines the need for participatory creation of ambient assisted living technologies and applications with older adults and the need for advocacy to promote AAL in the context of the silver economy especially in the Central and Eastern Europe. (shrink)

At the invitation of the Commission for World Mission and Evangelism (CWME) of the World Council of Churches (WCC) in collaboration with different associations involved in mission and ecumenical studies, the Regional Center for Central and Eastern Europe convened at the Faculty of Orthodox Theology of the Babes-Bolyai University, Cluj-Napoca, Romania, through its Center for Mission and Nomocanonical Studies (CMNS, in collaboration with the Central and Eastern European Association for Mission Studies (CEEAMS). Its aim was to reflect (...) on how the International Missionary Council (IMC) has influenced mission theology and practice in Central and Eastern Europe, taking into account different contextual realities. (shrink)

Populism in Central-Eastern Europe and South-Eastern Europe has been framed through theoretical ideas and expectations based on West European experience. However, the region’s experience of populist politics has diverged from that of Western Europe in important ways. In older West European democracies, the most typical vehicle for populism are, for the moment, new or previously marginal illiberal challenger parties which confront an essentially liberal, non-populist mainstream. In Central-Eastern Europe and South-Eastern Europe, it is (...) the “mainstream” which is or has become populist. Therefore, it is important to elaborate which of these universal indicators of populism can be applied to the countries of Central and Eastern Europe and Western Balkans, and what kind of particularities will crystallize as a consequence of the socialist background. The main aim of the conference is to gather scholars that are researching different aspects and manifestations of populism in the region. This conference is organized in the framework of POPREBEL project, which has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 822682. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

There are many advantages and disadvantages to central locations. These have shown themselves in the long course of European history. In times of peace, there are important economic and cultural advantages (to illustrate: the present area of the Czech Republic was the richest country in Europe between the two World Wars). There are cross-currents of trade and culture in central Europe of great advantage. For, cultural cross-currents represent a potential benefit in comprehension and cultural growth. But (...) under threat of large-scale conflict, these locations have proved extremely dangerous. Historically, Germany and Austria may be regarded as having had two chief models of their relationships to Europe. In the Holy Roman Empire, Germany was at the center of an aspiring “universalistic” European cosmopolitanism. (In some ways similar to the present situation of the European Union.) Austria maintained a great multi¬cultural empire, until it was destroyed in the First Word War. Generally, middle-European powers have promoted the integration of European diversity, when peace and stability have been plausible objectives. But when European diversity has declined toward ethnic or national conflict, Germany has drawn away from Europe and into itself, seeking inner unity and distinctness to protect it against possible combinations of enemies. This is true of central Europe generally, in degree, but interest often centers on Germany. Generally, central Europe is a cultural pressure cooker. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by the (...) European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

György Alajos Szerdahely, the first professor of aesthetics in Pest, publishes his Aesthetica in 1778, a work, written in Latin, that not only engages with the eclectic university aesthetics of late-18th-century Germany and Central Europe, but also marks the beginning of the Hungarian aesthetic tradition. Szerdahely proposes aesthetics as the doctrine of taste, a philosophical discipline that can polish our manners and social conduct through a sensual-affective Bildung offered by art experiences. Highlighting his sources in both British criticism (...) and German aesthetics, the paper traces the development of Szerdahely's concept of beauty from beauty as form (uniformity amidst variety) to beauty in motion (sensibility). Initially, Szerdahely argues for unity and variety as the two main constituents of a beautiful object, evoking disinterested contemplation, but he then turns to sensibility as the third necessary condition of beauty: an object becomes aesthetically beautiful only if it has the power to strike the senses (Lux) and stir the affections (Vivacitas), enlivening the whole embodied person. The paper argues that this third principle of sensibility proves to be more emphatic than the first two, leading to (1) the aesthetic conception of beauty as an experiential quality; but more interestingly to (2) the incorporation of the element of self-preservation and self-love into aesthetic experience. The reason for the latter development lies in Szerdahely’s anthropological argument, which traces back every affection to the instantaneous apprehension of good or evil concerning ourselves, implying desire (Adpetitus) or aversion (Auersi) in our reactions. (shrink)

Analytic philosophers have until recently been reluctant to pursue historical investigations into the Central European roots of their own philosophical tradition. The most recent book by Michael Dummett, however, entitled Origins of Analytic Philosophy, shows how fruitful such investigations can be, not only as a means of coming to see familiar philosophical problems in a new light, but also as a means of clarifying what, precisely, ‘analytic philosophy’ might mean. As Dummett points out, the newly fashionable habit of referring (...) to analytic philosophy as ‘Anglo-American’ leads to a ‘grave historical distortion’. If, he says, we take into account the historical context in which analytic philosophy developed, then such philosophy ‘could at least as well be called "Anglo-Austrian"’ (p. 7). We here show the implications of this assertion for a more adequate understanding of the relations between analytic and Continental philosophy. (shrink)

The problem of trickster leadership is discussed in this chapter in the context of the Romanian experience of modernity. This experience has emerged as a Post-Byzantine condition; it was strongly marked by the forty years of communist regimes and was loaded with a high amount of duplicity and ambivalence. The chapter argues that the communist type of trickster leadership in Romania was the outcome of a clash between two types of corruption: a domestic one and a global one. The idea (...) of ‘forms without substance’, coined in 1868 by the historian Titu Maiorescu, is shown to be indicative of the exilic condition in which Romanians remained caught even after their country became independent. The description of this paradoxical condition is followed by a review of the main eras of Romania as a modern state, arguing that this condition has led to an accumulation of disharmony and the absurd in the social fabric of the people. (shrink)

Thirty-five papers by outstanding specialists of philosophy of law and comparative law from Western Europe, Central Europe, Eastern Europe, as well as from Northern America and Japan, dedicated to the Hungarian philosopher of law and comparatist Csaba Varga.

The central postulation made in this essay is that the current plight of the Uighur Muslims in the Xinjiang province of China is two-pronged in its cause. The first involves a deeply-rooted historical rejection, or at least suspicion, of any religion that is not Chinese in origin and secondly involves a concerted effort on behalf of the Chinese Communist Party to gain greater control over a people group whom it sees as representing a threat to its authority and dominance (...) in the province of Xinjiang. To justify the validity of this statement, this essay will be divided into three distinct parts; the first two parts will explore the historical background and present day context of Islam in China with the aim of clarifying the Chinese worldview on foreign religions and people groups. These will act as important contributions to culminate into the third part which will focus on the current occurrence of sinofication/sinicisation in the Xinjiang province (Ruwitch, 2018) to the detriment of the human rights, religious and cultural liberties, and the very existence of the Uighur Muslim ethnic group (Rahman, 2005). The essay will provide a historical context by explaining the timeline of the presence of Islam across different parts of China where it experienced the most activity and adherence. This particularly includes the southwestern ports where it was brought into the country by Arab traders as well as in the westernmost reaches as a result of being part of the outer edges of different Islamic empires that held territory across Central Asia. The idea that China is suspicious of foreign people, foreign religions, and that the Communist Party considers any group with outside connections to a wider community (such as Christians or the Muslims) to be a threat to the stability of their rule is central to our discussion (NowThis World, 2016). However, we shouldn’t mistake China as being alone in this kind of xenophobia for the evidence of this worldview is pertinent on the continent of Europe currently with significant undertones of its presence in the vote for Brexit in the United Kingdom (Rzepnikowska, 2018) as well as in the rise of the far right in continental Europe (Immerzeel & Muis, 2017; Lazaridis, 2016). Aversion to foreignness is therefore widespread, but it is the way in which an organisation deals with foreignness that is indicative of its approach to diversity and its respect for human rights. The third and final part will act as the climax for the essay as a thorough analysis is conducted on the current affairs of the Communist Party in the Xinjiang province resulting in the plight of the Uighur Muslims. The processes involved in the sinofication of the province will be highlighted with the aim of understanding the range of reasons as to why the Communist Party may be acting in this way by drawing on the current Chinese economic and political landscape. The essay will close by considering the future of the Uighur Muslims and the intentions of the Communist Party for the entire Xinjiang province by analysing the most recent news escaping from the region and as a means to understand the distinction between Islam and Muslims. (shrink)

The economic crisis in Europe exposes the European Union’s political fragility. How a polity made of very different states can live up to the motto “Europe united in diversity” is difficult to envisage in practice. In this paper I attempt an “exegesis”—a critical explanation or interpretation of a series of published pieces (“the Series”) which explores, first, if European unity is desirable at all. Second, it presents a new methodology—analogical hermeneutics—used throughout the Series to approach the problem of (...) unity. Third, it conceptualises the source of unity as political identity. Fourth, it advances that the vehicle to share such identity is an analogical language: the political culture of human rights. Fifth, it submits the conditions under which such political culture could ground political identity through an open public sphere. Finally, it presents a way in which solidarity can grow as the increasingly diverse citizens of the European Union interact with each other. Even though the economic crisis can be solved by means of sound economic strategy (which is not the main object of my work), any successful economic strategy requires—as a precondition—a certain degree of political unity (the central concern of my research). (shrink)

In this article I analyse one of the most important claims of the neoliberal policy prescriptions for Central and East European states in the early 1990s, that 'communist' property should be privatised. My claim is that this neoliberal policy prescription was based on a number of false assumptions about what it was 'communist' property, and a number of false assumptions about communist law. As a result of these assumptions, the post-communist process of privatisation was plagued by a host of (...) unintended and negative consequences. Nevertheless, based on these false assumptions, the neoliberal ideology was capable to portray the privatisation as 'rights based' and essentially a democratic process. I debunk these pretenses by showing that the reality of 'communist property' was totally different than that assumed by neoliberal policies. The distinctiveness of communist arrangements of property resided not in absence of private property, which was tolerated under communism, but in the organisation of property as an administrative matter, based on unwritten operational rules. Moreover, the communist corporate law was more or less the similar with the 'western corporate' law, so a simple change of formal law would not lead to the transformation of communist property into private property. If a transformation was desired, what needed to be changed was the operational rules accordingly to which the communist property operated. However, this was a level of 'reform' totally ignored by the neoliberal policies, with the result that post privatisation these operational rules continued to apply. The result was the great enrichment of the former communist managers who were able to benefit 'privatisation' at the expense of the public, in a process which was not 'right based' or 'democratic.'. (shrink)

This chapter examines: (1) the Black Notebooks in the context of Heidegger's political engagement on behalf of the National Socialist regime and his ambivalence toward some but not all of its political beliefs and tactics; (2) his limited "critique" of vulgar National Socialism and its biologically based racism for the sake of his own ethnocentric vision of the historical uniqueness of the German people and Germany's central role in Europe as a contested site situated between West and East, (...) technological modernity and the Asiatic. Heidegger did not break with radical right-wing Germanist thought, as some scholars have argued. He at most placed National Socialism within his narrative of the history of being, metaphysics, and technology, and thereby relativized it without addressing either its uniqueness or its totalitarian structures and practices. Heidegger formulated his own metaphysical and ontological version of Antisemitism during the National Socialist period. This vision was deeply connected with his understanding of the "history of being" and was intensified during and immediately after the Second World War. Heidegger could perceive no difference between the Shoah and the Allied bombing, defeat, and occupation of Germany. Heidegger's post-war philosophy (of home, history and technology) is deeply shaped by, and remained complicit with, his thinking during this period. (shrink)

At the close of Philosophy and the Mirror of Nature Richard Rorty lays out a contrast between what he calls 'systematic' and 'edifying' philosophical anthropologies. Whereas the systematic philosopher aims to speak for the ages, the edifying philosopher addresses herself to issues of her day, often by way of shattering conventional idols. Rorty sees these two approaches as mutually exclusive. The aim of this paper is to defend a conception of philosophy as both systematic and edifying in the relevant senses. (...) I first respond to Rorty's argument that Wilfrid Sellars' account of picturing, as an isomorphic relation between the world and states of the central nervous system, involves an illicit 'mind as mirror' metaphor. I then lay out some of the philosophical anthropology that motivates Sellars' account of picturing, and I connect this anthropology to philosophical and scientific work undertaken in Europe and America in the nineteenth and early twentieth centuries. On this basis I argue that we are left with a (systematic) project handed down to us by earlier generations, and that in taking up this project we are in the (edifying) business of creating new ways of thinking about ourselves as part of the natural world. (shrink)

The early modern period (roughly, 1600–1800 ce) in Europe brought tremendous changes in intellectual, political, and cultural life. It was a period in which philosophical debates were inevitably bound up with questions about the nature and sources of religious truth. A chronological examination of some of the period’s major thinkers highlights two issues that were central to the development of philosophy of religion in the period. The first concerns the relations between God, the soul, and the body; the (...) other concerns the relationship between human reason and divine revelation. (shrink)

This essay examines theoretical arguments surrounding the use of post-colonial theory as a way to fill in the epistemological lacuna in the studies of post-socialism. It reviews the various streams of this theoretical development and employs Edward Said’s notion of “traveling theory” to demonstrate that theoretical claims made by proponents and opponents of this particular comparative perspective are historically, socially, and geographically situated, although not fixed. Disciplinary, national, and institutional affiliations, instead of theoretical justifications, are identified as important factors in (...) the propensity to accept or resist the introduction of post-colonial perspective on Central and Eastern Europe and the former Soviet Union. The essay concludes by acknowledging the potential usefulness as well as the limits of post-colonialism in the conceptualization of the post- socialist space. (shrink)

The paper presents the history of Italian scholars and research centres that contributed to the emergence of the analytic philosophy of language in Italy in the second half of the twentieth century. After a brief description of the work completed in the fifties, I describe the formation of a network of people interested in those contents and methods, trace the origins to the influence of different centres of research in the US and Europe and shortly describe the main events, (...) seminars, conferences and meetings linked to different universities and research groups. These early efforts created a background from which students and junior scholars could evolve and develop original research in that area. The central idea is that the work on the philosophy of language we made in Italy is part of a wider attempt at reconnecting networks of interactions among philosophers in Europe that were alive before the Nazi period. (shrink)

Gottfried Wilhelm Leibniz (1646–1716) was a universal genius, making original contributions to law, mathematics, philosophy, politics, languages, and many areas of science, including what we would now call physics, biology, chemistry, and geology. By profession he was a court counselor, librarian, and historian, and thus much of his intellectual activity had to be fit around his professional duties. Leibniz’s fame and reputation among his contemporaries rested largely on his innovations in the field of mathematics, in particular his discovery of the (...) calculus in 1675. Another of his enduring mathematical contributions was his invention of binary arithmetic, though the significance of this was not recognized until the 20th century. These days, a good proportion of scholarly interest in Leibniz is focused on his philosophy. Among his signature philosophical doctrines are the pre-established harmony, the theory of monads, and the claim that ours is the best of all possible worlds, which forms the central plank of his theodicy. For Leibniz, philosophy was not the discovery of deep truths of interest only to other philosophers, but a practical discipline with the means to increase happiness and well-being. Philosophical truths, he believed, revealed the beauty and rational order of the universe, and the justice and wisdom of its creator, and accordingly could inspire contentment and peace of mind. Leibniz’s other intellectual projects were likewise geared toward the improvement of the human condition. He lobbied tirelessly for the establishment of scientific societies, devised measures to improve public health, and was actively engaged in projects to unite the churches and so end the religious strife that marred the Europe of his day. He was also engaged in politics for much of his career, and often took on a diplomatic role, sometimes officially and other times not. In the political sphere, Leibniz did not wield true power but was a man with influence, obtained in no small part by his cultivation of relationships with leaders and sovereigns both inside and outside Germany. The sheer range of Leibniz’s interests, projects, and activities can make him a difficult figure to study, and the vast quantity of his writings only compounds the problem (around fifty thousand of his writings survive). Nevertheless, even a sampling of Leibniz’s work is enough to get a sense of his vision, originality, and intellectual depth, and good secondary literature will only enhance this. The items in this bibliography were chosen with this in mind. (shrink)

I. Introduction Sex has been thought to reveal the most profound truths about individuals, laying bare their deepest desires and fears to their partners and themselves. In ‘Carnal Knowledge,’ Wendy Doniger states that this view is to be found in the texts of ancient India, in the Hebrew Bible, in Renaissance England and Europe, as well as in contemporary culture, including Hollywood films.1 Indeed, according to Josef Pieper, the original, Hebrew, meaning of `carnal knowledge’ was `immediate togetherness, intimate presence.’ (...) 10 But equally prevalent in both ancient and contemporary culture is the view that sex generates the deepest illusions, hiding people’s true selves behind layers of deception, blindness, deception, or self-deception.2 Tthere is, however, no contradiction in holding both that sexual deception and illusion blindness are widespread, and that sex reveals some profound truths about us. Indeed, if deception or illusion blindness about our sexual desires and fantasies is widespread, one likely explanation is surely that many of us implicitly or explicitly believe that our desires and fantasies say something important about us – or at least that we believe that others believe that they do. There is little reason to hide from ourselves or others that which we regard as unimportant. But while such blindness to or pretence about one’s own or partner’s sexual needs and desires saves one from embarrassment or from the effort to understand and satisfy one’s partner or oneself, it also subverts a central value of any fulfilling personal.. (shrink)

History can be understood as involving a problematic interplay between the long-term legacy of human evolution, still tempered into the human body today, and the shorter-term heritage of civilization from its beginnings to the present. Each of us lives in a tension between our indigenous bodies and our civilized selves, between the philosophy of the earth and that which I characterize as “the philosophy of escape from the earth.” The standard story of civilization is one of linear upward progress, a (...) story that I contest with an alternative philosophy of history, picturing history instead as a set of concentric circles. I have devised a new philosophy of history with a three-part approach to understanding human development, taking civilization not as a linear advance of progress, but rather as a progress in precision, paradoxically counteracted by a regression in mind: history as a contraction of mind. I describe three stages in the contraction of mind: 1) animate mind as the evolved outlook of foraging life; 2) anthropocentric mind as representing the contracting transformation of consciousness produced by agriculturally-based civilization; 3) mechanico-centric mind as representing a further contraction from human-centered to a machine-centered consciousness, produced by the rise of modern civilization and the mechanical scientific worldview. Hence, this progressive contraction is marked by a turn from original practical and reverential attunement to the living earth in hunting and gathering societies, or animate mind, to a narrower focus of anthropocentric mind beginning with the development of early civilizations, where the human element became central and the wild devalued. And it moves to an even more narrow focus of mechanico-centric mind, expanding out of late medieval Europe and the development of modern science, where the machine became model of the ultimate, the objectivist filter through which the world is to be understood and made to fit. Far from controlling nature, humans have been consuming it in an unsustainable Malthusian-like trajectory whose limits are being reached in our time. (shrink)

Richard Wright gave a series of lectures in Europe from 1950 to 1956, collected in the following year in the volume, White Man, Listen! One dominant theme in all four essays is that expanding the moral imagination is centrally important in repairing our racism-benighted globe. What makes Wright’s version of this claim unique is his forthright admission that expanding the moral imagination necessarily involves pain and suffering. The best place to hear Wright in regard to the necessary pain of (...) expanding the moral imagination, I would argue, is his poetry collection, This Other World: Projections in the Haiku Manner. To wit, for Wright the necessary pain of expanding one’s moral imagination is the loneliness that results from delegating to others—in the etymological sense of “deputizing or committing”—one’s whiteness qua privilege or social capital. In conclusion, lonely delegation constitutes an imperative template from Wright regarding the painful expansion of our own moral imagination, in the service of social justice for economically oppressed communities of color across the globe. (shrink)

Throughout history, Eurasia has been central to relations between Europe and Asia. It has been the crossroads of civilizations, contributing to the cultural and ethnic hybridity of the region. However, after the fall of the Ottoman Empire and later the Soviet Union in the twentieth century, Eurasia lost its geostrategic importance in the US-led liberal world order. In the 1920s, a group of Russian emigres described the cultural and ethnic ties among the communities living across the vast Eurasian (...) steppes as Eurasianism. Eurasianists divide the world into two opposing forces with Eurasianism including Russia and the European states favoring integration with it and Atlanticism including the US and European countries supporting an American-led Atlantic order. Today, Russia is an important revisionist power in Eurasia, with huge stakes in the global order and the capability to help forge new relationships in the region. (shrink)

The intersection between virtue and care ethics is underexplored in contemporary moral philosophy. This thesis approaches care ethics from a neo-Aristotelian virtue ethical perspective, comparing the two frameworks and drawing on recent work on care to develop a theory thereof. It is split into seven substantive chapters serving three major argumentative purposes, namely the establishment of significant intertheoretical agreement, the compilation and analysis of extant and new distinctions between the two theories, and the synthesis of care ethical insights with neo-Aristotelianism (...) to generate a virtue ethical theory of care. In the first two chapters, I outline virtue ethics and care ethics, and argue for considerable agreement over central premises. Chapter 2 summarises the foundational commitments of care ethics, focusing particularly on their relational ontology and its links to the other ethical claims care ethicists universally ascribe to, namely particularism, partialism, the moral salience of emotions, and the rejection of hard public/private distinctions. Chapter 3 lays out the central concepts in neo-Aristotelian virtue ethics, including eudaimonism, virtue, and character traits, and drawing a number of comparisons between virtue and care ethics specifically with regard to relational ontology and the meta-ethical commitments it underpins. In addition to doing the necessary expository work for the remainder of the thesis, Chapters 2 and 3 also argue that care ethics and virtue ethics have much more in common than is typically acknowledged – the first major contribution of this thesis to the literature. Chapters 2 and 3 to provide at least a prima facie justification for pursuit of the questions I confront in the remainder of the thesis. In Chapter 4, I ask what differentiates these two ethical theories. I survey some of the differences which philosophers in either camp have identified and offer some of my own. I suggest that several of those differences either rest on misunderstandings of one ethic or the other, or that in erecting a divide between virtue and care ethics they also disunify ethics of care. I do, however, identify two differences which seem defensible. Specifically, they are that virtue ethics seems to lack an account of care, which I define minimally as a response or responsiveness to need, and that virtue and care ethics organise their meta-ethical and normative concepts differently. This chapter thus presents a second contribution to the literature: a study of the differences between virtue ethics and care ethics. It also serves to set the trajectory for the remaining chapters, where I respond to the claim that virtue ethics lack an account of care. I spend the remainder of the thesis constructing what I take to be a satisfying foundation for a virtue ethical theory of care. In Chapter 5, I offer three initially viable means of incorporating care into virtue ethics, all of which treat care as a virtue. These are the analogical approach, according to which care is analogous to an existing virtue; the additive approach, according to which care is a novel virtue; and the bundling approach, according to which care is a bundle of virtues. I also offer and evaluate reasons to reject the claim that care is a virtue, concluding that the claim is indeed a viable one so long as the concept of care is sufficiently thick, and I contend that analogical approaches, and particularly analogies with charity, outperform the others. Chapter 5 therefore serves two ends. First, it proffers a novel meta-analysis of concepts of care as a virtue, and thus makes a third contribution to the literature. In doing so, it makes an inroad into the second: the development of a neo-Aristotelian theory of care. Chapter 6 continues this project. I attempt to show how care can be construed as an act-type and a practice. I argue in this chapter that practices are a subcategory of actions, and that care qualifies as an Anscombean act-type which aims at the meeting of needs relating to the care-recipient’s flourishing. I go on to consider the implications of this account for ethics which deploy care as a moral concept, maintaining that it not only offers a better account of consequences than theories of care which include success criteria, but also that it affords us interesting insights into the distinction between ‘caring about’ and ‘caring for’ which allow us to make sense of certain tenets of neo-Aristotelianism. This represents a contribution to both discourses, since neither care nor virtue ethicists working at the intersection of their respective normative theories have delved very deeply into the philosophy of action. Chapter 7 discusses caring relations, suggesting that a virtue ethical theory of caring relations can lean on the work care ethicists have done, and adding some necessary refinements, such as a distinction between ideal and non-ideal caring relations, and a theory of caring relations as reasons for action. This final chapter also draws these three concepts of care together by arguing that virtuous caregivers who are invested in the flourishing of those for whom they care are also sensitive to the relations those care-recipients bear to their institutional environment. I argue that because they are caring participants in caring relations, virtuous agents are characteristically motivated by states of need and dependency to engage in certain sorts of conventionally political practices. In other words, the virtue or virtues of caring characteristically manifest in certain sorts of political or social practices, relating specifically to those areas of moral life. This allows us to build upon recent work in feminist virtue ethics of the sort offered by Tessman and Friedman. I also offer a novel analysis of migration, suggesting that the account of care presenting here is analytically useful both when it comes to historical cases of migration such as the underground railroads and escapes from Nazi-occupied Europe, but also for contemporary issues such as the migrations occurring in the Southern United States and in much of Europe. I thus conclude not only that virtue ethicists ought to incorporate care into their normative framework, and that the theory of care presented here is a coherent one, but that this leads us naturally into applied topics such as virtue politics. I conclude the thesis by considering some its implications and by identifying some further avenues for research. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

This book focuses on issues in epistemology, semantics and logic with Quine’s views always setting the themes, even if Quine does not always remain quite at center stage. Gochet, Professor at Liège and Secretary to the Editorial Board of Logique et Analyse is a prominent of Quine’s views in Europe. The author does not aim to take up the whole of Quine’s philosophy here. Rather, the aim is to “focus on a few central themes...and to treat them thoroughly.” (...) Continental Europe not only recognizes Quine’s importance, then, but it is prepared to talk back: a point which has become increasingly evident in the wake of several recent works on Quine by W.K. Essler (1975), J. Largeault (1980) and Henri Lauener (1982). Gochet has made an earlier contribution to this in the form of his Quine en Perspective (1978) and its German translation (1984). But the present volume is not a further translation of the earlier work. Rather, the author “tried to avoid overlap.”. (shrink)

This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...) measure. Second, it presents the academic law of value as a socially necessary impact/time. Third, it conceptualizes a figure of capital that operates in the contemporary global higher education system. Fourth, it describes the conditions of operation of merchant capital within higher education and explores the close links of global university rankings, metadata providers, and the academic publishing industry. As a fifth and final point, the analysis turns to Central Eastern Europe and the case study of Poland to demonstrate that, to function properly, the academic law of value needs to be imposed by political means, that is, through policy reforms that establish and legitimize the sets of parameters and criteria for the evaluation of academic labor. In conclusion, the argument suggests that the domination of merchant capital over academic labor, resulting in the latter's ongoing and uncontrolled acceleration, cannot be overcome without addressing not so much the issue of private property but, first and foremost, the politically and socially defined metrics. (shrink)

Background: The internationalization of clinical studies requires a shared understanding of the fundamental ethical values guiding clinical studies. It is important that these values are not only embraced at the legal level but also adopted by clinicians themselves during clinical studies. Objective: Our goal is to provide an insight on how clinicians in Germany and Poland perceive and identify the different ethical issues regarding informed consent in clinical studies. Methods: To gain an understanding of how clinicians view clinical studies in (...) the countries they work in, we carried out semi-structured problem-centered interviews per telephone in Poland (n = 6) and Germany (n = 6). Our interviewees concentrated on three main topics: an appraisal of the normative framework, challenges in the information process and the protection of all participants in clinical studies. Results: Clinicians generally supported the normative framework, even though they considered it quite complex. In the two study countries, a widely noted dilemma in the information process was whether to overburden participants with extensive information or risking leaving out important facts. Clinicians were ready to exclude larger population groups from participating in clinical studies when the information process could not be carried out with standard procedures or when their inclusion was ethically sensitive. Conclusion: Clinicians need to gain a better understanding of the consequences of excluding larger population groups form participating in clinical studies. They should seek assistance in improving the information process for the inclusion of underrepresented groups in clinical studies. (shrink)

In his book, Romaphobia: The Last Acceptable form of Racism, Aidan McGarry gives a powerful analysis of anti-Roma racism in Europe. His aims in the book are to highlight the plight of European Roma and to anal- yse the underlying causes of their persecution. The quandary, as McGarry sees it, is that Roma persecution in Europe has persisted unabated for over six hundred years. As soon as Roma appeared in Europe in the late fourteenth century they were (...) traded as slaves, or targeted by laws calling for assimilation or death. Roma were targeted for mass extermination during the Holocaust, and even now, they face widespread persecution across Europe. Italian interior minister Matteo Salvini, for instance, insists on compiling a “Gypsy Registry” and cleansing Italian neighbour- hoods of Roma camps. The French government targets Roma settlements for demolition and, in defiance of European laws, deports around twenty thousand Roma to other countries every year. Targeted murders of Roma in Hungary, Slovakia, and the Ukraine are encouraged, and ignored. Tabloid newspapers in the UK drum up anti-Roma sentiment. Indeed, the Daily Mail even cite former UK opposition leader Jeremy Corbin’s past attempts to protect Roma from eviction in London as a reason for his unsuitability to become Prime Minister—in modern Britain, compassion for Gypsies is a sign of questionable character. For McGarry, then, this persistence is central to the puzzle of Romaphobia—why does this form of racism remain unchallenged and acceptable? (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global civil (...) society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

The main problem of how to transform a centrally planned market into a market economy has emerged as one of the most influential and challenging issues in modern times. Nowadays, post-Soviet republics and nations of Central and Eastern Europe are in a transformation process and seek to capture claimed efficiency and advantages of market mechanisms for their economies. This is a very complex issue, because a rapid transition from socialism to a market economy is an unprecedented phenomenon and (...) requires fundamental restructuring of a nation’s economic, political, social and legal institutions as well as its physical infrastructure. (shrink)

This book focuses on issues in epistemology, semantics and logic with Quine’s views always setting the themes, even if Quine does not always remain quite at center stage. Gochet, Professor at Liège and Secretary to the Editorial Board of Logique et Analyse is a prominent of Quine’s views in Europe. The author does not aim to take up the whole of Quine’s philosophy here. Rather, the aim is to “focus on a few central themes...and to treat them thoroughly.” (...) Continental Europe not only recognizes Quine’s importance, then, but it is prepared to talk back: a point which has become increasingly evident in the wake of several recent works on Quine by W.K. Essler (1975), J. Largeault (1980) and Henri Lauener (1982). Gochet has made an earlier contribution to this in the form of his Quine en Perspective (1978) and its German translation (1984). But the present volume is not a further translation of the earlier work. Rather, the author “tried to avoid overlap.”. (shrink)

This essay argues that a new technique of ordering and producing space emerged in the sixteenth century, whereby the Américas were taken as a heterotopic laboratory for the space of the grid. As the ordered grid of space lightened the physical fortification of heavy walls traditionally found in medieval Europe, it implanted new methods of ordering the behavior of the human body and soul. In this way, the grid gave rise to disciplinary techniques of controlling and producing human subjectivity. (...) The global problematic of space as it emerges after 1492 is a central thematic of decolonial philosophy and critiques of coloniality. Many accounts of decolonial philosophy emphasize the ontological nihilation of the periphery, the European production of the other as non-being in an empty space beyond the line. This article supplements this view by arguing that we need an account of the production and ordering of this space that goes beyond simple negation and emptiness. The coloniality of power, thus, has a disciplinary dimension that involves the ordering and production of subjects and spaces in the Américas, while Foucauldian disciplinary power is entangled with the coloniality of power. (shrink)

The article analyzes Petro Kudriavtsev’s historical philosophical conception in the context of basic tendencies and reference points of development of historical philosophical science in Europe in 19th – the beginning of 20th cent. For this purpose, the place and significance of reception of European philosophy in the P. Kudriavtsev’s historic philosophical works are identified. Furthermore, the article discusses the complex of philosophical and historical ideas that appeared to be productive for development of Kudriavtsev’s original historical philosophical conception. The latter (...) is proved to be formulated in the process of deep creative interpretation of European historical philosophical studies achievements (Hegel, Wilhelm Windelband, Kuno Fisсher), such as ethics and philosophical constructions of the European thought (Kant, Theodor Lipps, Friedrih Paulsen, Joseph Petzold, Ernst Mach, Herbert Spencer, Auguste Comte). The author finds out the particularity of the P. Kudriavtsev’s original approach to understanding of historical philosophical process, based on comprehension of rationalism and empiricism (positivism), two opposite models of historical philosophical knowledge. Besides, the author argues for the similarity in approach to the history of philosophy between P. Kudriavtsev and the representatives of historical-philosophical tradition after Hegel (Wilhelm Windelband, Kuno Fisсher). Reconstruction of P. Kudriavtsev’s historical philosophical conception allows the author to conclude, on the one hand, that conception reflected one of the central problems in Western European philosophy on the edge of 19 th – 20 th centuries – the problem of values. On the other hand, the conception was aimed to oppose the relativistic and nihilistic tendencies, which dominated in Modern European philosophy. (shrink)

This article inquires into the clinical figure of paranoia and its constitutive role in the articulation of the nation-state discourse in Europe, uncovering a central tension between a principle of integrity and a dualist spatial configuration. A conceptual distinction between ‘border’ (finis) and ‘frontier’ (limes) will help to expose the political effects of such a tension, unveiling the way in which a solid and striated organisation of space has been mobilised in the topographic antagonism of the nation, sustaining (...) the phantasm of a self-enclosed, self-sufficient finitude. (shrink)

In the contemporary era, English language performs a crucial role in global transformation and exchange. Diversification and modification of the language has not only diminished the age-old occidental/oriental dichotomies but has caused a complete erasure of the cartographical divisions of nation-state across the world. This language through a continuous process of colonial and marketing exchanges has become the primary source of universal contact. The acceptance and impact of English varies from nation to nation. English may have been introduced as a (...) formal communicative procedure in Europe, but in the continents of Africa, Asia, America or Australia the language was introduced as a powerful colonial discourse and it is still flourishing as a neo-imperialistic discourse in several countries. This paper highlights the function of English in post-independent India, imploring the gradual transcendence of the language from mere colonialism to globalism. The language has been re-explored and rediscovered as an anti-colonial weapon to escape from the colonial shadow and establish universally distinct language identity. Most fascinating aspect about India is that English has been mimicked and molded on the basis of distinctive language communities spread across different states. Indianized version of English is not a centrally complete concept, but exists through its regional differences. Shedding its capitalist and colonialist identity, today English has emerged as a successful anti-colonial weapon in India to encounter all forms of imperialism or neo-imperialism. (shrink)

We provide to readers the 11th volume of the "Czech-Polish-Slovak Studies in Andragogy and Social Gerontology" series. We are delighted to announce that the presented study is the result of the work of scientists from seven countries: Austria, China, Ghana, Hungary, Japan, Poland, and Russia. This international collection of texts is part of the global discourse on the determinants of adult education and the functioning of people in late adulthood. The 11th volume is a collection of research results that show (...) both the positive and negative dimensions of ageing through the prism of research experience from various geographical and cultural areas. The researchers invited to the presented volume tried to illustrate the issues assigned to the following topics: ageing with dignity; retirement age; assumptions and conditions resulting from living in the home; the relationship between challenges concerning life expectancy and needs; care and ageing services; and foundations and potential changes in pension systems. The research results presented in this volume have a common denominator, which is caring for the quality of life of the older people regardless of their place of residence. Thus, the study "Between Successful and Unsuccessful Ageing: Selected Aspects and Contexts" brings new insights from scientists who scrupulously characterize the complexity of processes that affect the positive and negative conditions of functioning in old age, which is a mosaic of various nuances. Inviting readers to familiarize themselves with the content of the monograph, we would like to thank the reviewers who contributed to the improvement of the quality of the texts and open new fields for participation in further joint publishing projects. (shrink)

When discussing the safety of research subjects, including their exploitation and vulnerability as well as failures in clinical research, recent commentators have focused mostly on countries with low or middle-income economies. High-income countries are seen as relatively safe and well-regulated. This article presents irregularities in clinical trials in an EU member state, Poland, which were revealed by the Supreme Audit Office of Poland (the NIK). Despite adopting many European Union regulations, including European Commission directives concerning Good Clinical Practice, these irregularities (...) occurred. Causes as well as potential solutions to make clinical trials more ethical and safer are discussed. (shrink)