Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

This paper argues that by overestimating the importance of citizenship rights, the ethics of immigration turns away from the more serious problem of closed borders. Precisely, this contribution is a threefold critique of Carens’ idea that "justice requires that democratic states grant citizenship at birth to the descendants of settled immigrants" (Carens, 2013: 20). Firstly, I argue that by making 'justice' dependent on states and their attributes (birthright citizenship), this idea strengthens methodological nationalism which views humanity as naturally divided into (...) bounded nation-states. Secondly, I analyze its justification and argue that grounding (citizenship) rights on the existence of social connections is logically and morally problematic. Thirdly, I analyze its scope (granting rights to the descendants of the ‘settled’) and its method of implementation (granting citizenship rights automatically ‘at birth’). While from a less sedentarist perspective, no one can be considered ‘settled’ in advance, I will express some doubts that granting citizenship rights is always automatically a way to extend people’s rights. All in all, I argue that by its justification, scope and method of implementation, this idea moves us away from, rather than gets us closer to, an open-borders world. (shrink)

Many conservatives endorse a defence of closed borders grounded in basic liberal rights such as the basic right of association. Some conservatives also endorse libertarian principles of legitimacy. It is not clear though that this sort of defence of closed borders is somehow coherent with these libertarian ideals. I argue that conservative libertarians of this kind must reject this defence of closed borders because either it collapses into a form of statism incoherent with libertarian principles of legitimacy, or into an (...) ideal precept without appeal regarding reality in the here and now that could only be applied to changing the very nature of the societies we know. As a result, at least conservative libertarians need to find a different source of justification for closed borders. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU (...) class='Hi'>border regime. In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

In 2020, the European Union announced the award of the contract for the biometric part of the new database for border control, the Entry Exit System, to two companies: IDEMIA and Sopra Steria. Both companies had been previously involved in the development of databases for border and migration management. While there has been a growing amount of publicly available documents that show what kind of technologies are being implemented, for how much money, and by whom, there has been (...) limited engagement with digital methods in this field. Moreover, critical border and security scholarship has largely focused on qualitative and ethnographic methods. Building on a data feminist approach, we propose a transdisciplinary methodology that goes beyond binaries of qualitative/quantitative and opacity/transparency, examines power asymmetries and makes the labour of coding visible. Empirically, we build and analyse a dataset of the contracts awarded by two European Union agencies key to its border management policies – the European Agency for Large-Scale Information Systems (eu-LISA) and the European Border and Coast Guard Agency (Frontex). We supplement the digital analysis and visualisation of networks of companies with close reading of tender documents. In so doing, we show how a transdisciplinary methodology can be a device for making datafication ‘intelligible’ at the European Union borders. (shrink)

In response to the Covid pandemic the Norwegian government put in place the strictest border closures in Norwegian modern history, restricting entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these restrictions with reference to the rise of new Covid variants, and the need to limit visitors to Norway as much as possible. In this paper we critically examine both the justification given for the border closure, and explore the possible adverse effects this closure might bring (...) about. We argue that the recent closures are not morally justified, that they place an unjust burden on transnational citizens and Norwegians with close relations abroad, and that such border closures can have severe impacts for many individuals, on Norway’s international standing and on social cohesion. (shrink)

This paper resolves a paradox concerning colour constancy. On the one hand, our intuitive, pre-theoretical concept holds that colour constancy involves invariance in the perceived colours of surfaces under changes in illumination. On the other, there is a robust scientific consensus that colour constancy can persist in cerebral achromatopsia, a profound impairment in the ability to perceive colours. The first stage of the solution advocates pluralism about our colour constancy capacities. The second details the close relationship between colour constancy (...) and contrast. The third argues that achromatopsics retain a basic type of colour constancy associated with invariants in contrast processing. The fourth suggests that one person-level, conscious upshot of such processing is the visual awareness of chromatic contrasts ‘at’ the edges of surfaces, implicating the ‘colour for form’ perceptual function. This primitive type of constancy sheds new light on our most basic perceptual capacities, which mark the lower borders of representational mind. (shrink)

The Guggenheim’s spring retrospective of the seminal Swedish painter, Hilma Af Klint, has, naturally, evoked a multitude of art critics and visual culture scholars who laud her radical abstraction which, at the beginning of the 20th century, preceded Kandinsky, Malevich, Mondrian. Yet, where much attention has been given to the symbology and motifs riddling Klint’s work – bold, private, untethered and nonrepresentational as they are – there has been a modicum of nuanced thought on how, exactly, esotericism and theology fomented (...) Klint’s pedagogical projects. Jillian Steinhauer, for instance, has underscored Klint’s naturalistic watercolors; featuring flowers and lifelike drawings of women; Summer Landscape (1888) suggests Klint’s technical aptitude for rendering light. Jadranka Ryle, in a clever article titled “Reinventing the Yggdrasil,” invokes Klint’s motif of the Yggdrasil, or the holy tree of Norse mythology, as a political axle for Nordic romanticism. Ryle makes the claim that by redirecting the Yggdrasil towards androgynous abstraction, Klint’s engagement with Norse mythology subverts the nationalist and patriarchal romanticism that previously characterized the nineteenth century’s use of the Yggdrasil. Others have adroitly uncovered biographical fragments from Klint’s life, detailing how she and four friends formed De Fem (“the Five”), an exclusively female coven that met weekly, praying, meditating, and holding seances to commune with spiritual guides. Rather than poise the Swedish maverick within the cannon of abstraction qua a political praxis, feminist subject-being, or historiography – projects that have been exhaustively overwrought, to the point of rendering Klint’s work both mute and reductively technical– I would like to take this time to closely examine simply one of Klint’s paintings and foreground it as an axiomatic modernist injunction between metaphysics and epistemology. (shrink)

PARC is an "appended numeral" system of natural deduction that I learned as an undergraduate and have taught for many years. Despite its considerable pedagogical strengths, PARC appears to have never been published. The system features explicit "tracking" of premises and assumptions throughout a derivation, the collapsing of indirect proofs into conditional proofs, and a very simple set of quantificational rules without the long list of exceptions that bedevil students learning existential instantiation and universal generalization. The system can be used (...) with any Copi-style set of inference rules, so it is quite adaptable to many mainstream symbolic logic textbooks. Consequently, PARC may be especially attractive to logic teachers who find Jaskowski/Gentzen-style introduction/elimination rules to be far less "natural" than Copi-style rules. The PARC system is also keyboard-friendly in comparison to the widely adopted Jaskowski-style graphical subproof system of natural deduction, viz., Fitch diagrams and Copi "bent arrow" diagrams. (shrink)

This volume brings together a range of influential essays by distinguished philosophers and political theorists on the issue of global justice. Global justice concerns the search for ethical norms that should govern interactions between people, states, corporations and other agents acting in the global arena, as well as the design of social institutions that link them together. The volume includes articles that engage with major theoretical questions such as the applicability of the ideals of social and economic equality to the (...) global sphere, the degree of justified partiality to compatriots, and the nature and extent of the responsibilities of the affluent to address global poverty and other hardships abroad. It also features articles that bring the theoretical insights of global justice thinkers to bear on matters of practical concern to contemporary societies, such policies associated with immigration, international trade, and climate change. -/- Contents: Introduction; Part I Standards of Global Justice: (i) Assistance-Based Responsibilities to the Global Poor: Famine, affluence and mortality, Peter Singer; We don't owe them a thing! A tough-minded but soft-hearted view of aid to the faraway needy, Jan Narveson; Does distance matter morally to the duty to rescue? Frances Myrna Kamm. (ii) Contribution-Based Responsibilities to the Global Poor: 'Assisting' the global poor, Thomas Pogge; Should we stop thinking about poverty in terms of helping the poor?, Alan Patten; Poverty and the moral significance of contribution, Gerhard Øverland. (iii)Cosmopolitans, Global Egalitarians, and its Critics: The one and the many faces of cosmopolitanism, Catherine Lu; Cosmopolitan justice and equalizing opportunities, Simon Caney; The problem of global justice, Thomas Nagel; Against global egalitarianism, David Miller; Egalitarian challenges to global egalitarianism: a critique, Christian Barry and Laura Valentini. Part II Pressing Global Socioeconomic Issues: (i) Governing the Flow of People: Immigration and freedom of association, Christopher Wellman; Democratic theory and border coercion: no right to unilaterally control your own borders, Arash Abizadeh; Justice in migration: a closed borders utopia?, Lea Ypi. (ii) Climate Change: Global environment and international inequality, Henry Shue; Valuing policies in response to climate change: some ethical issues, John Broome; Saved by disaster? Abrupt climate change, political inertia, and the possibility of an intergenerational arms race, Stephen M. Gardiner; Polycentric systems for coping with collective action and global environmental change, Elinor Ostrom. (iii) International Trade: Responsibility and global labor justice, Iris Marion Young; Property rights and the resource curse, Leif Wenar; Fairness in trade I: obligations arising from trading and the pauper-labor argument, Mathias Risse; Name index. -/- See: www.ashgate.com/default.aspx?page=637&calctitle=1&pageSubject=483&sort=pubdate&forthcoming=1&title_i d=9958&edition_id=13385. (shrink)

After the outbreak of the Covid-19 pandemic, most states enacted new measures to constrain international mobility. By May 8th, 2020, more than 93% of the world’s population lived in states with special entry bans and more than three billion lived in countries whose borders were almost completely closed to non-citizens. Can such measures be justified? If so, would this undermine the open borders view? This paper examines these questions. It argues, first, that, although short-term entry bans and other similar measures (...) designed to protect public health can be justified, these bans need to be designed with a number of exemptions, in particular, for asylum seekers and refugees. Even in times of pandemic, completely closed borders are indefensible. It argues, second, that although extreme versions of the open borders position may have difficulty accepting this conclusion, other versions of the position can consistently justify special entry restrictions. (shrink)

It cannot be overstated that in recent times the gravity and complexity of irregular maritime migration have triggered concerns and debates in the academic domains of International Relations and International Law. The article examines how states’ compliance with, and enforcement of, international law and legal norms would tackle the challenges of irregular migration in the Indian Ocean region. The legislative and policy challenges regarding irregular migration can be analyzed under two segments. First, there is a lack of comprehensive discussion about (...) the sending and the receiving states’ commitments (regarding irregular migrants) to international law and legal norms. Secondly, deficit of comparative analysis to show how the littoral states comply with international law norms on migration and refugee influx. Such analysis from multiple perspectives would be helpful to get insights and make policy recommendations about how effectively international law norms could be enforced through national legislation and policy framework. (shrink)

In this article, I present and critically analyze the main ideas of the Nigerian thinker, Ifeanyi A. Menkiti, on the future of the multi-ethnic state in Africa. Menkiti appears to consider that the basic condition for the successful coexistence of the various groups occupying the states of Africa is for relations between them to rest on just principles. Justice should involve the fair and equitable division amongst peoples of the burdens and benefits of living in a common state. To realize (...) this ideal, he proposes the creation in Africa of morally neutral, managerial states. He bases his plan in part on the ideas of John Rawls. Close analysis of Menkiti’s views shows that his vision of the minimalist state is only a temporary solution, which is to lead to the peaceful dismemberment of the current post-colonial model of multi-ethnic states functioning within the old colonial borders. The basic value of Menkiti’s thought rests in his reversal of the usual perspective on African states, as he considers that maintaining territorial integrity or achieving unity should no longer be considered a paramount necessity. Published in "Hemispheres", 2010, No. 25. (shrink)

When faced with an urgent and credible threat of grave harm, we should take proportionate precautions. This maxim captures the core commitments of the “precautionary principle”. But what is it for a precaution to be “proportionate”? I construct an account of proportionality (the “ARCANE” account) that consists of five fundamental conditions (absolute rights compatibility, reasonable compensation, consistency, adequacy and non- excessiveness) and a tie-breaker (efficiency). I apply this account to two examples from the COVID-19 pandemic (border closures and school (...) closures), arguing that my account captures the key questions on which it is both feasible and important to integrate expert input with democratic input. I close by considering how we might try to manage the risk of future pandemics in a proportionate way. (shrink)

Political philosophy has seen vibrant debate over the connection, if any, between liberalism and pluralism. Some philosophers, following Isaiah Berlin, reckon a close connection between the two concepts. Others--most notably John Gray--believe that liberalism and pluralism are incompatible. In this essay, I argue that the puzzle can be solved by distinguishing the responsibilities of liberal states to their peoples from the responsibilities of liberal states to other states. There is an entailment from pluralism to liberalism, and it in turn (...) implies that while liberal states must tolerate "illiberal" lifestyles within their borders, liberal states must not tolerate illiberal states. The fact of liberal intolerance, however, does not justify unreasonably aggressive intervention by liberal states, nor does it mean that illiberal states deserve to be punished. (shrink)

"The concluding chapter, penned by C. E. Emmer, both revisits and greatly expands upon disputations within the contested territory of kitsch as term and tool in cultural turf-war arsenals. Focusing on debates surrounding two visual responses to the terrorist attacks on September 11, 2001, Dennis Madalone's 2003 music video for the patriotic anthem 'America We Stand As One' and Jenny Ryan's 'plushie' sculpture, 'Soft 9/11,' Emmer utilizes these debates to reveal the coexisting and competing attitudes towards ostensibly kitschy objects and (...) the contentiousness of deploying kitsch as a term in these debates. The buzzing activity of the internet provides much of the raw material for his arguments. Through his close reading of both the works themselves and the public response to them, Emmer once more focuses attention on the competing and overlapping attitudes towards kitsch and the way in which it and its semantic cousins remain a viable and valuable resource with which to police the borders that surround the artworld. Ultimately, his contribution further grounds a wider premise operative in this collection--namely, that a simple and rigid dichotomy of kitsch and (high) art does not and indeed cannot capture the elusive and mercurial nature of kitsch." --from the editor's introduction. (shrink)

This article asks whether states have a right to close their borders because of their right to self-determination, as proposed recently by Christopher Wellman, Michael Walzer, and others. It asks the fundamental question whether self-determination can, in even its most unrestricted form, support the exclusion of immigrants. I argue that the answer is no. To show this, I construct three different ways in which one might use the idea of self-determination to justify immigration restrictions and show that each of (...) these arguments fails. My conclusion is that the nature and value of self-determination have to do with the conditions of genuine self-government, not membership of political society. Consequently, the demand for open borders is fully consistent with respect to self-determination. (shrink)

Within the immigration debate, libertarians have typically come down in favor of open borders by defending two main ideas: i) individuals have a right to free movement; and ii) immigration restrictions are economically inefficient, so that lifting them can make everyone better off. This entry describes the rationale for open borders from a libertarian perspective (in part by analogy to the debate around minimum wage laws). Three main objections within the immigration literature are then discussed: i) the view that states (...) may restrict immigration to protect the interests (e.g. jobs) of their domestic needy; ii) the claim that restrictions are justified as a means of preserving culture; and iii) the influential argument that the right to freedom of association entails a right to exclude. These arguments are well-known, and I describe some of the compelling responses to be found in the recent literature. The essay then turns to more neglected critiques. The first concerns how liberal regimes should think about immigration from countries where the dominant norms are illiberal. The second examines the idea that political and economic institutions are sensitive to immigration policy, especially in the long run. Both of these critiques approach the topic from a non-ideal theory perspective, emphasizing the “public choice” dimensions of immigration policy. The entry closes by suggesting that this form of critique is especially important for open-borders libertarians to respond to given their general commitments to non-ideal, non-romantic theorizing in the context of government institutions and policy. (shrink)

In The Birthright Lottery, Ayelet Shachar subjects the institution of birthright citizenship to close scrutiny by applying to citizenship the historical and philosophical critique of hereditary ownership built up over four centuries of liberal and democratic theory, and proposing compelling alternatives drawn from the theory of private law to the usual modes of conveyance of membership. Nonetheless, there are some difficulties with this critique. First, the analogy between entailed property and birthright citizenship is not as illustrative as Shachar intends (...) it to be; second, the mechanism of the birthright privilege levy is insufficient for addressing structural impediments to growth; and third, the principle of ius nexi, while an important corrective to currently dominant principles of nationality, will likely have effects both unnecessary and insufficient to correct the injustices that Shachar identifies. In the end, the most significant improvements in the lives of the neediest persons on the planet are more likely advanced through conventional arguments for the lowering of barriers to the circulation of goods, labor, and capital. This shift in attention from opening borders to extending citizenship risks being a distraction from more effective means of addressing the injustices associated with global inequality.Dans son livre The Birthright Lottery, Ayelet Shachar soumet l’institution de la citoyenneté par droit de naissance à un examen rigoureux, en appliquant à la citoyenneté la critique philosophique et historique de la propriété héritée construite pendant quatre siècles de théorie démocratique libérale, et en proposant aux modes habituels d’attribution de la citoyenneté une alternative séduisante tirée de la théorie du droit privé. Néanmoins, cette critique comporte certaines difficultés. Premièrement, l’analogie entre la transmission de la propriété par l’institution de la taille et la citoyenneté par droit de naissance n’est pas aussi éclairante que le soutient Shachar ; deuxièmement, le mécanisme de la taxe sur le privilège du droit de naissance est insuffisant pour s’attaquer aux obstacles structurels à la croissance ; et troisièmement, le principe du jus nexi, bien qu’on puisse le considérer comme un important correctif du principe de nationalité actuellement dominant, aura vraisemblablement des effets à la fois non nécessaires et insuffisants pour corriger les injustices que Shachar identifie. En fin de compte, les améliorations les plus significatives dans la vie des personnes les plus démunies de la planète sont vraisemblablement mieux défendues à l’aide des arguments conventionnels en faveur d’une baisse des barrières à la circulation des biens, du travail et du capital. Ce déplacement de l’attention de l’ouverture des frontières à l’extension de la citoyenneté risque de nous distraire des moyens plus efficaces de nous attaquer aux injustices associées à l’inégalité globale. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophies versus Philosophy:In Defense of a Flexible DefinitionRein RaudIt is strange that no one has taken up Carine Defoort's clearly formulated and timely argument about the intercultural tensions in interpreting what philosophy is, although the issue deserves at least a roundtable, if not an international conference.1 I doubt that this is because there is a general consensus that the matter is now settled, and I would therefore like to (...) develop the argument a bit further and offer a few additional factors to consider. It is also obvious that the problem is not limited to the subject of Chinese philosophy alone: all traditions of thought from all over the world, but most notably the Indian, Islamic, and Japanese heritages, are affected by the positions we adopt. As in most debates about the commensurability of cultural traditions, we can find differences when we look for them, and similarities if these are what we would like to see, so the "conflict of sensitivities"2 is also a matter of attitudes. My own position is that regardless of what we prefer to call the practice of deeper thought (and 'philosophy' is a very good name), it would be extremely useful for all of its participants, whatever their origin and upbringing, to find a common denominator for them to be able to exchange ideas and mutually enrich each other on its basis. In what follows I shall try to sketch a perspective from which this could, in my opinion, be theoretically grounded.Four PositionsDefoort has identified four possible points of view on the problem of whether classical Chinese thought could or should be called 'philosophy,' which could be summarized as follows.1. Chinese classical thought is not philosophy, because it does not satisfy the conditions of philosophy as it is generally and traditionally understood in the West.2. Chinese classical thought is philosophy, because it reveals the necessary characteristics if analyzed with the help of an appropriate (Western-type) observation language.3. Chinese classical thought can be called philosophy, but only if we redefine philosophy in order to accommodate some of its nontypical or clearly deviant features.4. Chinese classical thought should not be called philosophy, because philosophy is a culturally closed Western phenomenon with a limited scope and incapable of understanding fundamentally different modes of thought. [End Page 618]If we dismiss the birthright variety of the first position, we could label it essentialist, and its weakest point is certainly that Western philosophy has not remained unchanged during the course of history. It is highly doubtful that Socrates, Diogenes, scholastics, Nietzsche, and Gareth Evans could all be members of the same set if the same strict criteria were applied to all periods and all cultural settings in the same way, and, as Defoort herself stresses,3 the fact that seventeenth-century Jesuits (the basis of whose original worldview, we should think, was much farther from the Chinese than ours) had no problem in calling Chinese thought philosophy should show us that the paradigm shift of the thing called 'philosophy' has occurred in the West and is, so to speak, our problem and not theirs.Now, it is also possible that in some circles even some prominent names in the Western tradition do not qualify as real philosophers, in the sense in which Hegel was treated by Bertrand Russell4 and Heidegger was dismissed by Alfred Ayer5 in their respective histories of philosophy (while they nevertheless felt compelled to include chapters or passages on them). A definition of philosophy that puts forward such criteria that a considerable number of thinkers would have to remain outside its borders should be labeled sectarian-and it can still be met, even if ever less often, in some analytical schools of philosophy. It is my conviction, however, that in our globalizing world any definition that would leave non-European philosophy outside the borders of 'philosophy proper' should be considered sectarian in nature. The main problem that I have with Defoort's family model6 is precisely that in it the head of the family, who makes the decisions as to who can be adopted and who cannot, is always Western, and the... (shrink)

The Texas borderlands have come to be increasingly important in the historical literature and in public opinion for the way that the region shapes national thought on race, borders, and ethnicity. With this increasing importance, it is pressing to examine the history of these issues in the region so that they may be accurately and insightfully deployed. This article contributes to the existing scholarship with a close discursive analysis of race in the booster materials, 1904-1941. The booster materials forge (...) a notion of race relations that borrows from tropes common across the West but is also informed by Jim Crow and the unique demands of the region. The booster materials forward a notion of race that is largely unique in Western boosterism, positing only two major characters, Mexicans and white Northerners. The figure of ‘the Mexican’ is drawn more as a part of nature than human society in that it shares the fundamental characteristics of the land, animals, and rivers of the region. Nature in the region is depicted as an adventitious, disorderly, and wasteful body that calls out for northern discipline. The ‘Northerners’ are figured as the ones who, through applying discipline to the natural resources of the area (land, water, and Mexicans) can bring reason, fertility, and profitable connection to the national economy. The consequences of this racial division are further explored in the article as they play out in schooling, religion, justice, beauty, leisure, and sport. (shrink)

The theory of evolution of complex and comprising of human systems and algorithm for its constructing are the synthesis of evolutionary epistemology, philosophical anthropology and concrete scientific empirical basis in modern (transdisciplinary) science. «Trans-disciplinary» in the context is interpreted as a completely new epistemological situation, which is fraught with the initiation of a civilizational crisis. Philosophy and ideology of technogenic civilization is based on the possibility of unambiguous demarcation of public value and descriptive scientific discourses (1), and the object and (...) subject of the cognitive process (2). Both of these attributes are no longer valid. For mass, everyday consciousness and institutional philosophical tradition it is intuitively obvious that having the ability to control the evolutionary process, Homo sapiens came close to the borders of their own biological and cultural identity. The spontaneous coevolutionary process of interaction between the «subject» (rational living organisms) and the «object» (material world), is the teleological trend of the movement towards the complete rationalization of the World as It Is, its merger with the World of Due. The stratification of the global evolutionary process into selective and semantic (teleological) coevolutionary and therefore ontologically inseparable components follows. With the entry of anthropogenic civilization into the stage of the information society, firsty, the post-academic phase of the historical evolution of scientific rationality began, the attributes of which are the specific methodology of scientific knowledge, scientific ethos and ontology. Bioethics as a phenomenon of intellectual culture represents a natural philosophical core of modern post- academic (human-dimensional) science, in which the ethical neutrality of scientific theory principle is inapplicable, and elements of public-axiological and scientific-descriptive discourses are integrated into a single logic construction. As result, hermeneutics precedes epistemology not only methodologically, but also meaningfully, and natural philosophy is regaining the status of the backbone of the theory of evolution – in an explicit form. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (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 book explores Iris Murdoch as a philosopher who, through her distinctive methodology, exploits the advantages of having a mind on the borders of literature and politics in her early career writings (pre-The Sovereignty of Good). By focusing on a single decade of Murdoch’s early career, Jamieson tracks connections between her views on the state of literature and politics in postwar Britain and her approach to the philosophy of mind and moral philosophy. Furthermore, this close study reveals that, far (...) from a stylistic quirk, Murdoch’s use of metaphors, analogies, and other literary devices is internal to her methodology. Finally, rather than asking what Murdoch’s views are, this work will ask “what is Murdoch trying to achieve with her writings and public lectures, and how does she go about this?” By answering the latter question, we will have a new strategy for interpreting her writings more generally. The book contributes to the growing body of scholarship focusing on Iris Murdoch’s philosophical writings, and on women in the history of analytic philosophy. (shrink)

The idea of Europe has already a long history and beyond its ethical attractiveness it became victorious in the political praxis of the 2nd half of the 20th century first of all as a motive force serving the aim of a long-term restoration of peace in the post-war Western Europe and then as a unifying principle for the whole continent after the collapse (implosion) of “really existing socialism”. A little later, in the course of the expansion of the free market (...) economy towards the previously centralized economies of Eastern Europe it soon became obvious that the idea of Europe was not everywhere interpreted the same way and that in some cases it seemed to cause more problems than the ones it should have solved. Especially the current refugee crisis that has initially emerged in the so-called developing world outside of Europe but nevertheless significantly affects the Old Continent can be seen as a major theoretical and practical challenge around the fundamental sustaining (and in itself sustainable) concept of European openness: i.e. in order to remain open in its internal function the liberally organized Europe has to close its outer borders and to decisively limit the access of many humans to its single common market, thus imposing obstacles to the generalization of prosperity and liberty that once were felt as its core values. We will try to show that apart from the immediate cultural, ideological and strategic aspects of such phenomena and the often unavoidable pitfalls of short-term decision making it is important to study and explore the necessity of the current processes. The idea of Europe became, at least partly, synonymous with the overall economical and social globalization of our times whereas such a major process cannot unfold its inherent dynamic without the constitutive role of certain crises that eventually pose existential challenges or otherwise enable the stabilization of the newly emerging system(s). (shrink)

This book argues that there is a joint in nature between seeing and thinking, perception, and cognition. Perception is constitutively iconic, nonconceptual, and nonpropositional, whereas cognition does not have these properties constitutively. The book does not appeal to “intuitions,” as is common in philosophy, but to empirical evidence, including experiments in neuroscience and psychology. The book argues that cognition affects perception, i.e., that perception is cognitively penetrable, but that this does not impugn the joint in nature. A key part of (...) the argument is that we perceive not only low-level properties like colors, shapes, and textures but also high-level properties such as faces and causation. Along the way, the book explains the difference between perception and perceptual memory, the differences between format and content, and whether perception is probabilistic despite our lack of awareness of probabilistic properties. The book argues for perceptual categories that are not concepts, that perception need not be singular, that perceptual attribution and perceptual discrimination are equally fundamental, and that basic features of the mind known as “core cognition” are not a third category in between perception and cognition. The chapter on consciousness leverages these results to argue against some of the most widely accepted theories of consciousness. Although only one chapter is about consciousness, much of the rest of the book repurposes work on consciousness to isolate the scientific basis of perception. (shrink)

We argue that philosophers are competent to facilitate public discussion concerning restrictions on human migration across political borders. We also argue that presenting public audiences with a prima facie case for open borders offers a unique opportunity to elucidate important aspects of philosophical reasoning. Finally, we share resources and a lesson plan for those keen to examine the case for open borders with students, or to facilitate public discussion on these issues.

This paper argues that the relevant unit of analysis for assessing the justice of an immigration policy is the socially-situated individual (as opposed to the individual simpliciter or the nation-state, for example). This methodological principle is demonstrated indirectly by showing how some liberal, cosmopolitan defenses of "open borders" and the alleged right of immigration fail by their own standards, owing to the implicit adoption of an inappropriate unit of analysis.

States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that (...) unauthorized migrants can permissibly evade, deceive, and use defensive force against immigration agents, that smugglers can aid migrants in crossing borders, and that citizens should disobey laws that compel them to harm immigrants. Unjust Borders is a meditation on how individuals should act in the midst of pervasive injustice. (shrink)

What are libertarian open borders advocates even advocating for? Is it, as the title to Michael Huemer’s influential essay suggests, a prima facie “right to immigrate”? Or is it, as the branding connotes, literal open borders, or a strong prima facie moral right to free movement across borders that entails a right to immigrate? In this paper, I peel apart the view that people have a strong moral right to freely cross international borders, or "open access," from the view that (...) non-citizens have a right to immigrate, which I will call "open residence." As radical as open residence is, open access is even more extreme; so whether open borders ideology commits one to open access matters to its plausibility. At times it can seem that libertarian open borders advocates, by emphasizing our prima facie right to free movement, call for open access. Nonetheless, I suggest that libertarian open borders advocates should content themselves with mere open residence, even though open residence is compatible with tight border controls and even border walls—policies which they might (rightly or wrongly) object to for independent reasons. (shrink)

** This piece was originally titled "Beyond Borders: Exploring Ubuntu as a Lived Philosophy" but was later retitled "African thought can rescue Western philosophy" by the publisher. ** -/- Western philosophy is often abstract and disconnected from the real ethical problems we face today. Emmanuel Chiwetalu Ossai and Lloyd Strickland argue that the African philosophy of ubuntu, with its emphasis on community, interconnectedness, and practical application of ethical principles, offers a compelling alternative.

The distinction between perception and cognition frames countless debates in philosophy and cognitive science. But what, if anything, does this distinction actually amount to? In this introductory article, we summarize recent work on this question. We first briefly consider the possibility that a perception-cognition border should be eliminated from our scientific ontology, and then introduce and critically examine five positive approaches to marking a perception–cognition border, framed in terms of phenomenology, revisability, modularity, format, and stimulus-dependence.

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge the (...) conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

The World Economic Forum notes that there is an economic gap between Indonesia and Malaysia every year as seen from GDP per capita. The economic disparity between the two countries caused differences in available employment opportunities. Limited employment opportunities in Indonesia cause an increase in unemployment in Indonesia. The high unemployment rate in West Kalimantan is the main cause of the migration of Indonesians to Malaysia with the aim of carrying out economic and trade activities in the Serikin Market which (...) is located in Sarawak, East Malaysia. The market only takes about 15 minutes from the Jagoi Babang. This study used primary data collected by using in-depth interview and observation techniques which was analyzed qualitatively. The study found that in general the migration patterns of Indonesian traders who traded in the Serikin Market practiced non-permanent mobility patterns. The opportunities of cross-border trade carried out by Indonesian traders are reducing unemployment, facilitating product marketing, increasing income. While the challenges faced are the inadequacy of the road infrastructure, the quality of merchandise that is not good, the unavailability of lodging for Indonesian traders in the border area of Jagoi Babang, shop rental prices are relatively expensive. Basically, this research is to provide empirical data regarding to opportunities and challenges of cross-border traders that will be able to be used for future research related to strategies in managing cross-border trade Hopefully, this research will contribute significantly to generate an effective migration policy in order to minimize transnational crimes. (shrink)

Since the 1860s, petroleum companies, through their influence on local governments, port authorities, international actors and the general public gradually became more dominant in shaping the urban form of ports and cities. Under their development and pressure, the relationships between industrial and urban areas in port cities hosting oil facilities evolved in time. The borders limiting industrial and housing territories have continuously changed with industrial places moving progressively away from urban areas. Such a changing dynamic influenced the permeability of these (...) borders. Port cities are nodes and logistic points where various flows of commodities, wealth, and knowledge gathered before further re‐distribution. These flows affected port cities by changing their spatial organization and the availabiity of space between borders. The main question here is: How did industrial and urban borders evolve through time in port cities? Through a historical analysis, the article explores the settlements of oil facilities and the influence of oil companies over local, regional, and national governments in creating borders and how it influenced the porosity of port cities. This article, through the petroleum narrative, illustrates the impacts of past borders on the contemporary urban form through the evolution of the French port city of Dunkirk, in the North of France. As a historical study, the article analyzes the changing relationships between petroleum industrial sites and housing areas in the city of Dunkirk, using aerial pictures, archival sources, and regulations of different periods. The importance of this analysis lies in knowing that former oil sites previously located on the periphery of Dunkirk, that were forgotten by the authorities are now located within the current urban tissue. This process demonstrates the importance of historical developments to understand current challenges in the urban planning of industrial port cities. (shrink)

The best arguments for a nation-state’s right to exclude unwanted outsiders actually condemn nation-level regimes of restriction. Two argumentative steps lead to this conclusion. The first points out that the best arguments for exclusion generalize: if they show that nation-states have the right to exclude, they perform the same service for a great many towns, cities, subnational states, and provinces. The second step constructs a dilemma. The right to exclude is important enough to justify the suffering of would-be immigrants, or (...) it is not. If it is, the right to exclude is very important indeed–would-be immigrants often suffer grievously. But nation-level regimes would then be a serious moral problem: they would deprive a great many municipalities of a right that matters a great deal. Turning to the dilemma’s second horn, if the right to exclude is not important enough to justify the suffering of would-be immigrants, nation-level regimes are straightforwardly immoral. Either way, we arrive at this paper’s central thesis: the best arguments for a nation-states right to exclude actually condemn nation-level regimes of exclusion. (shrink)

n Part I of this essay I take a canonical case of political theology, Schmitt’s theory of sovereignty (1985; 1922), and show how Agamben derives his account of sovereignty from an interpretation of Schmitt that relies on the interesting theological premise of an atemporal act or decision, one that is traditionally attributed to god’s act of creation, and that is only ambiguously secularized in the transcendental moment of German Idealism. In Part II I show how this reading of Schmitt can (...) be used to avoid a certain kind of negative political theology associated with deconstruction because Agamben’s reading of Schmitt explains the emergence of certain specific temporal structures associated with the sovereign political decision: the sovereign political decision cannot be represented as having a beginning, and hence recedes phenomenologically into a kind of a priori past; and the sovereign decision cannot be represented as completed, and hence it is experienced as a ‘perpetual expenditure of energy’ that lacks comprehensible relation to a goal. In Part III I defend Agamben’s interpretation of sovereignty as a transcendental act from Negri’s objection that Agamben simply equates without argument Negri’s radically democratic conception of revolutionary constituent power with Schmitt’s conception of sovereignty (1999, p. 13). My defense relies on identifying Agamben’s ‘paradox of sovereignty’ (Agamben 1998, pp. 15ff.) with a ‘paradox of democracy.’ (Mouffe 2000; Whelan 1983) In Part IV I realize a corollary of the identification of the two paradoxes, of sovereignty and democracy: that political borders are the spatial site of the application of the act of political sovereignty, and possess a kind of transcendental spatiality akin to the special temporality associated with sovereignty. I apply this understanding to the privileged special case of the US-Mexico border: the structures implicit in Agamben’s analysis explain some crucial features of this case of walling: its manifest failure to achieve, even in principle, the purpose for which it is allegedly intended; the failure of democratic polity to address those affected by the wall; the appeal to sovereign powers in the legal legitimation of border policy. I defend Agamben’s analysis against other apparently competing views, especially those of Wendy Brown (2010) and argue that the transcendental act of sovereignty comprises a kind of primary political repression that opens up the space for ideological understandings of the wall, but does not itself comprise one. In Part V I address the question whether Agamben’s derived category of ‘bare life’ can also be used in the context of the border, arguing that it can. I conclude with some critical remarks about the limits of Agamben’s view. (shrink)

In this paper, we examine the extent to which the concept of emergence can be applied to questions about the nature and moral justification of territorial borders. Although the term is used with many different senses in philosophy, the concept of “weak emergence”—advocated by, for example, Sawyer (2002, 2005) and Bedau (1997)—is especially applicable, since it forces a distinction between prediction and explanation that connects with several issues in the dis-cussion of territory. In particular, we argue, weak emergentism about borders (...) allows us to distinguish between (a) using a theory of territory to say where a border should be drawn, and (b) looking at an existing border and saying whether or not it is justified (Miller, 2012; Nine, 2012; Stilz, 2011). Many authors conflate these two factors, or identify them by claiming that having one without the other is in some sense incoherent. But on our account—given the concept of emergence—one might unproblematically be able to have (b) without (a); at the very least, the distinction between these two issues is much more significant than has often been recognised, and more importantly gives us some reason to prefer “statist” as opposed to “cultural” theories of territorial borders. We conclude with some further reflections on related matters concerning, firstly, the apparent causal powers of borders, and secondly, the different ways in which borders are physically implemented (e.g., land vs. water). (shrink)

Recent crises in Europe and beyond have renewed a longstanding debate on the status and treatment of refugees. Hannah Arendt famously questioned the limits of universalistic human rights discourse based on the widespread phenomena of statelessness and displacement that emerged during and after World War II. In this paper, we analyze recent patterns of inclusion and exclusion of refugees in Italy through the lens of Arendtian narrative and theorizing. We consider three cases of interaction between families, schools, and other public (...) institutions in light of the shifting normative framework before and during the war in Ukraine. Two major insights emerge from this analysis. From a pedagogical point of view, the most promising educational practices with refugees are those centered on enabling their agency and corresponding experiences of "natality". From an ethical-political perspective, these practices highlight a latent tension between the universalistic scope of human rights enshrined in the human rights declarations and their structural dependence on the particular norms and procedures enacted by nation states. The understanding and teaching of human rights within our political communities is inseparable from the practices that engage with refugees. In this sense, our practices of inclusion and exclusion affect the understanding of national borders as a barrier or threshold with other political communities, but also the interpretation of our own ethical-political principles. (shrink)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

According to the structured theory of propositions, if two sentences express the same proposition, then they have the same syntactic structure, with corresponding syntactic constituents expressing the same entities. A number of philosophers have recently focused attention on a powerful argument against this theory, based on a result by Bertrand Russell, which shows that the theory of structured propositions is inconsistent in higher order-logic. This paper explores a response to this argument, which involves restricting the scope of the claim that (...) propositions are structured, so that it does not hold for all propositions whatsoever, but only for those which are expressible using closed sentences of a given formal language. We call this restricted principle Closed Structure, and show that it is consistent in classical higher-order logic. As a schematic principle, the strength of Closed Structure is dependent on the chosen language. For its consistency to be philosophically significant, it also needs to be consistent in every extension of the language which the theorist of structured propositions is apt to accept. But, we go on to show, Closed Structure is in fact inconsistent in a very natural extension of the standard language of higher-order logic, which adds resources for plural talk of propositions. We conclude that this particular strategy of restricting the scope of the claim that propositions are structured is not a compelling response to the argument based on Russell’s result, though we note that for some applications, for instance to propositional attitudes, a restricted thesis in the vicinity may hold some promise. (shrink)

The segregation of image parts into foreground and background is an important aspect of the neural computation of 3D scene perception. To achieve such segregation, the brain needs information about border ownership; that is, the belongingness of a contour to a specific surface represented in the image. This article presents psychophysical data derived from 3D percepts of figure and ground that were generated by presenting 2D images composed of spatially disjoint shapes that pointed inward or outward relative to the (...) continuous boundaries that they induced along their collinear edges. The shapes in some images had the same contrast (black or white) with respect to the background gray. Other images included opposite contrasts along each induced continuous boundary. Psychophysical results demonstrate conditions under which figure-ground judgment probabilities in response to these ambiguous displays are determined by the orientation of contrasts only, not by their relative contrasts, despite the fact that many border ownership cells in cortical area V2 respond to a preferred relative contrast. Studies are also reviewed in which both polarity-specific and polarity-invariant properties obtain perceptual figure-ground grouping results. The FACADE and 3D LAMINART models are used to explain these data. Keywords: figure-ground separation, border ownership, perceptual grouping, surface filling-in, V2, V4, FACADE Theory. (shrink)

In this chapter, I revisit the issue of the explanatory gap that is supposed to open when considering identity statements between physical and mental phenomena. I show that the question asked in the original formulation of the explanatory gap was this: ʻwhy this phenomenal character, rather than any other, is attached to this physiological process?ʼ I argue that this question can be answered, because there is a natural fit between the phenomenal character of experiences and their functional roles. For example, (...) pains feel inherently unpleasant, and that explains why they cause avoidance behaviour, and the felt location and intensity of pain indicates the location and extent of damage to the body. I discuss some other possible gaps in our understanding the relationship between the mental and the physical, and conclude that the fit between functional role and phenomenal character goes a long way, though probably not the whole way, to closing the explanatory gap. (shrink)

To explain the correct libertarian approach to immigration, a thought-experiment posits a minimal-state libertarian UK and then the introduction of several relevant anti-libertarian policies with their increasingly disastrous effects. It is argued that the reverse of these imagined policies, as far as is politically possible, must be the correct way forward. This framing is intended to counter the tendency for many articles to misapply libertarian principles to the current messy situation on the mistaken assumption that a state need only stop (...) interfering without rectifying or adjusting for its previous interferences. The relevant parts of various open-border texts are then criticised in light of this and for other errors, in particular for overlooking the likely huge scale of immigration as indicated by Gallup surveys. Additional criticisms are addressed in footnotes throughout. The conclusion outlines three broad options on immigration and suggests that directionally-libertarian policies are both more libertarian and practical than having states open their borders. The readers that might be interested in this subject matter include those engaging in libertarian philosophy, economics, and political theory. (shrink)

In the seventeenth century, Newton used bis famous prism to found the physics of spectral light, thus revolutionising our thinking about colours; more than a hundred years later, Goethe protested against Newton's theory and discovered a number of new prismatic colour phenomena. Did these episodes in the history of science have any influence on the visual arts? For a decade now my visits to art museums have had an agenda: I have been looking for nineteenth-century paintings with certain spectral colour (...) (which will be described in the first half of this paper). While my search has been unsuccessful in traditional Western art, I found what I was looking for in Japa­nese art: in woodblock prints by Hokusai and Hiroshige. This is surprising; little Western science had reached Japan in their time. The second half of the paper pre­sents this riddle, which I am nowhere near solving. Even without a solution, however, a riddle can be instructive. In this case, it may help to bring into focus the fascinating exchange between two distant cultures. Much has been written on the cultural relativ­ity of colour perception, colour systematisation and colour aesthetics; I want to intro­duce a new and so far unknown case that might contribute to this debate - though the debate itself remains beyond the scope of this paper. (shrink)