Throughout its history the European integration process has not undermined but rather strengthened the autonomy of Member States vis-à-vis wider societal interests in relation to political economy, labour markets and social provisions. Both the ‘golden age nation state’ of the 1960s as well as the considerable transformations of Member State political economies over the past decades, and especially after the euro-crisis, was to a considerable degree orchestrated through transnational, most notably European, arrangements. In both cases the primary objective has been (...) to strengthened state capacities of public power and law against the encroachment of private interests into the state. In spite of this continuity considerable changes can however be observed in the substantial economic policies advanced due to the switch from a Keynesian to a monetarist economic paradigm. It is suggested that the debate on constitutional imbalances between the EU’s economic and social constitutions should be seen in this light. (shrink)

In 2004 Jürgen Habermas and Joseph Ratzinger participated in a debate on the ‘pre-political moral foundations of the free-state’. Their contributions showed broad agreement on the role of religion in today’s Western secular state and on areas of collaboration and mutual enrichment between Modernity and Christianity in Europe and the West. They diverged regarding the need or not of a common cultural background prior to the existence of the polity. Their diverging point becomes all the more fascinating to the (...) extent that the matter requires wider empirical, analytical and normative research before it can be settled. Nevertheless, the implications that derive from one or the other possibility are very different in terms, for instance, of immigration and citizenship policies. This is already clear in Europe and is becoming more evident in general in Western democracies. (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)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! (...) Immediately after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

This chapter examines the relation between citizenship and orientalism under the new conditions of indebtedness resulting from austerity. Taking its departure from a condition of precarity under debt economy, the crisis of Europe is described as the anxiety produced by a reversal of those paradigms that have sustained the image of Europe so far. This reversal coincides with a return in Europe of that which for a long time was ejected outside in order for Europe itself (...) to be constituted as a unified symbolic reality. The chapter illustrates how this new economy has exposed a certain ‘disorienting’ effect of austerity, contributing to rekindling the ambiguities of Europe and therefore reconfiguring the image of the European self against its others. It concludes that this reconfiguration forms the background against which a new relationship between citizenship and orientalism in contemporary Europe should be examined. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution (...) that might immediately be thought of as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

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

In the past decade, policy-makers in science have been concerned with harmonizing research integrity standards across Europe. These standards are encapsulated in the European Code of Conduct for Research Integrity. Yet, almost every European country today has its own national-level code of conduct for research integrity. In this study we document in detail how national-level codes diverge on almost all aspects concerning research integrity – except for what constitutes egregious misconduct. Besides allowing for potentially unfair responses to joint misconduct (...) by international collaborations, we argue that the divergences raise questions about the envisaged self-regulatory function of the codes of conduct. (shrink)

The aim of this article is to show how both Jan Patočka and Jürgen Habermas, starting from a reinterpretation of the idea of «lifeworld», engaged a critique of modern civilisation, aiming (with different outcomes) at a redefinition of the concept of political community. In order to achieve this goal, I firstly focus on Patočka’s understanding of modern rational civilisation and its attempt to fix the fracture between «life» and «world». At this stage, I take also advantage of Hans Blumenberg’s distinction (...) between these two terms, in order to better clarify Patočka’s stance on this problem. Secondly, I analyse Habermas’ ideas of lifeworld and system, and their uncoupling in modern societies, as well as the reemergence of this issue in Habermas’ recent works on the European economic and political crisis. Finally, I focus on the very different ways in which Patočka and Habermas tackled the ideas of conflict and crisis in contemporary world, also in view of a possible path out of this crisis through a re-constitution of Europe. (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect (...) no change in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

At a moment when a new crisis threatens Europe—a crisis including, among other factors, COVID-19, a faltering economy, immigration and Brexit—the European Union (EU) motto of ‘Europe united in diversity’ would appear progressively less attainable. This paper submits that the European ideal is still both desirable and possible through fostering of political unity at the constitutional (regime) level by using the notions of analogical state and analogical culture, and at the community level by enabling public sphere secularity and (...) relational interculturalism. These concepts envisage the EU in a more flexible manner, in favour of policies enabling further European integration. (shrink)

This book investigates the consecutive shifts between three types of intermediary institutions in the European context: Corporatist, Neo-corporatist and Governance institutions. It develops a new conceptual framework for understanding the function and position of intermediary institutions in society, as well as a vocabulary capable of explaining the causes and consequences of these shifts for politics, economy and society at large. The book is designed to fill a gap in three rather distinct, yet also overlapping bodies of literature: European Political Economy, (...) European Integration and governance studies, and socio-legal studies in the European context. -/- Reviews: - Anne Guisset: Transfer: European Review of Labour and Research, 22, 3, 427-429, 2016. -/- - Ian Bruff, Capital & Class, 40, 3, 555 – 57, 2016. -/- . (shrink)

At a moment when a new crisis threatens Europe—a crisis containing, among other ingredients, COVID-19, a faltering economy, immigration and Brexit—the European Union (EU)’s motto ‘Europe united in diversity’ would appear progressively less attainable. This paper submits that the European ideal is still both desirable and possible through the fostering of political unity at the constitutional (regime) level by using the notions of analogical state and analogical culture, and at the community level by the enablement of public sphere (...) secularity and relational interculturalism. These concepts share the intuition that the EU should be envisaged in a more flexible manner, and carry several policy implications for the future of European integration. (shrink)

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

The rise of constitutional self-government in early modern Europe, I argue, owes much to a nationalist liberation narrative pioneered by French Huguenot François Hotman in Francogallia (1573). In response to appeals by absolutist thinkers to Ro- man law, which put the power of the king beyond legal or constitutional restraint, Hotman wove together tales of the heroism of ancient Gauls and Franks wresting their native liberties back from the Romans with a theory of constitutionally limited government grounded in the (...) common law of France. This type of narrative was adapted by Dutch and English thinkers who sought to defend constitutionalism in their respective countries. Through this examination of early modern liberation narratives, I argue we can gain insight on the relationship between nationalism and resistance to autocratic governments and the formation of regimes consistent with the principles of constitutional self-government. (shrink)

Political integration has been part of the European project from its very beginnings. As far back as the early seventies there was concern in Brussels that an ingredient was missing in the political integration process. ‘Output legitimacy’ – the permissive consensus citizens grant to a government that is ‘delivering’, even if they do not participate in setting its goals – could not sustain unification indefinitely. Such a lacking ingredient – or ‘soul’ – has been labelled ‘European identity’ (EI) in an (...) abundant and growing academic literature. According to Aristotle, ‘polity’ is a specific ‘constitution’ (regime or politeia) of a ‘city’ (or polis): a (‘political’) community composed of ‘citizens’ (politai). No polis can exist unless the politai come together to form it and sustain it. But what will gather and keep them united? Citizens can be very diverse regarding their language, history, religion or economic activity. In absence of a motivation, diversity of itself will make each member of a community go their own way. What kind of bond is required among very diverse European citizens to keep their polis (the EU) – their political community – together? In this paper I analyse several responses – culture, deliberation, welfare, power, multiplicity. Then I attempt a synthesis suggesting that the answers might be referring to different aspects of a single notion – rather than exhaustive explanations of it. Finally I mention three issues regarding the concept of EI that require further study. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

ā no bhadrāḥ kratavo yantu viśvato ' Let good thoughts come from all around; inspired by this timeless epic of Rigveda. India has presented an excellent model of Multiculturalism to the world. The multiculturalist model of the West, as established by contemporary thinkers like Will kymlicka, is based on the separate political existence of different cultural classes. However, India's cultural nationalism has shown how diverse cultures can co-exist with a common socio-political thought over the centuries. Sakas, Huns, Kushans, Turks, Afghan, (...) Iranians, and Mughals all got absorbed in sanatan Indian culture. Not only this , it also gave place to the different cultures to come, and made the model, of coexistence alive. In the name of nationalities like French, Spanish, Portuguese, Polish, and German, Europe got divided into many nation states, but in India Gujarati, Marathi,, Telugu Oriya, Bengali, Punjabi, Assamese, Tamil, Kannada, Malayalam nationalities were not divided into nation states. Instead coexistence has been made for thousands of years. India has maintained multiculturalism not only at the socio-cultural level but also at the political level. Through federal structure, universal suffrage, constitutionally guaranteed civil rights, with other constitutional, institutions and provisions, multiculturalism is being addressed at the political level for population of 13 million people. Thus, in India, multiculturalism is not only a political tool for diversity but also a socio-political concept. Therefore, Indian multiculturalism presents a comprehensive, effective and more sustainable model which have to be discussed. (shrink)

‘Romanticism’ is one of the more hotly contested terms in the history of ideas. There is a singular lack of consensus as to its meaning, unity, and historical extension, and many attempts to fix the category of romanticism very quickly become blurry. As a result, the great historian of ideas, Arthur Lovejoy, famously concludes that: ‘the word ‘romantic’ has come to mean so many things that, by itself, it means nothing. It has ceased to perform the function of a verbal (...) sign’ But his pessimistic advice has not stopped scholars from trying to define romanticism. If anything, it has brought renewed vigour to the determination with which critics try to pinpoint the term. There are several approaches to take, for those who attempt to do so. One class of critics tries to enumerate the features shared by the authors and texts generally considered romantic. An alternative approach would try to identify the fundamental unity that informs romanticism and gives rise to the empirical commonalities. But what would this essential feature be? Both of these approaches take an external perspective on romanticism, seeing it as the object of inquiry. An alternative approach, which we will pursue, looks at romantic subjects, and romanticism as a self-constituting category, rather than merely as an externally imposed one. In other words, we will take as basic neither an (empirical) array of candidate properties constituting romanticism, nor a supposed underlying (rationalist) essence from which properties can be derived, but rather we will focus on how the romantics themselves took up the idea of romanticism and transformed it into a self-conscious movement. We will treat the question of romanticism with respect to England, but above all Germany. Although romantic movements arose and flourished elsewhere in Europe (and in France in particular), German and English romanticism were uniquely theoretically sophisticated and philosophically nuanced. (shrink)

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

This paper is an attempt to argue that there existed a very prominent view of signs and signification in late sixteenth- and seventeenth-century Europe which can help us to understand several puzzling aspects of baroque culture. This view, called here "pansemioticism," constituted a fundamental part of the baroque conception of the world. After sketching the content and importance of pansemioticism, I will show how it can help us to understand the (from a modern perspective) rather puzzling concept of the (...) polymath, or polyhistor, which constituted the ideal of the baroque scientist. In this context I will also discuss a seventeenth century phenomenon essentially connected with polyhistorism, namely that of the early modem polyhistorical collections, the Wunderkamnmern. Since such a study needs a clearly determined focal point, we will concentrate on the last three quarters of the seventeenth century and will mainly discuss works by German authors of the time. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.3 (2000) 453-471 [Access article in PDF] Liberty, Authority, and Trust in Burke's Idea of Empire Richard Bourke When Edmund Burke first embarked upon a parliamentary career, British political life was in the process of adapting to a series of critical reorientations in both the dynamics of party affiliation and the direction of imperial policy. During the period of the Seven Years' War, (...) a reconstituted militia became a focus for patriotic enthusiasm, uniting national sentiment against France and effectively eradicating the remnants of Jacobite rhetoric and aspiration. Traditional opposition between Tory and Whig became irrelevant, while Court and Country jointly came to the support of the Pitt-Newcastle ministry. However, in due course the Old Corps disintegrated as George III succeeded to the throne with the promise of an end to factional strife and the beginning of a patriotic alliance in government. But while competing ideologies and interests on the domestic political scene were undergoing comprehensive realignment, the pursuit of a blue-water policy in tandem with strategic continental campaigns brought Britain's struggle against France into North America, the Caribbean, and India. Trade continued to expand into Asia and West Africa, but the principles of commercial advantage were continually brought into open conflict with the exigencies of war. The division of power in Europe became embroiled in a substantial redivision of empire, and by 1763 British territorial expansion had reached its zenith.When Burke was appointed private secretary to the Marquis of Rockingham, with the national debt standing at an all time high and the demands of imperial defense unlikely to diminish, the politics of empire called for urgent attention from all sections of the political establishment. In particular the Rockinghamites, adopting a posture of aloofness from venality and petty interest, were obliged to advance policies for imperial government on the solid basis of political principle. 1 Coming into parliament as a member for Wendover in the wake of [End Page 453] Grenville's Stamp Act, at a time when the East India Company was assuming control of the revenue in Bengal, Burke set about formulating a doctrine of imperial sovereignty which would be serviceable to the party either in power or in opposition and which would be adequate to the complex reality of detached and extensive empire. The immediate reception of that inquiry, both in Britain and on the Continent, into the fraught world of post-Revolutionary political debate has had the long-term effect of distorting the order of emphasis in terms of which his career as a whole ought properly to be understood.The vigorous elaboration, in opposition to the Jacobin experiment in France, of the conditions under which moderate government could be exercised within the context of an absolute sovereignty was expressed in terms which had originally been invoked as part of a sustained attempt to reconcile civility with empire. As we shall see, that attempt involved a process of delicate coordination by means of which the interests of freedom would be brought into harmony with the demands of public power. In that sense the effort to make liberty and authority mutually responsible can be said to constitute the core ambition of Burke's political rhetoric. In this context responsibility defines the optimally beneficial relation between government and people on the one hand and national sovereignty and the extended empire on the other. This article outlines the practical and theoretical exploration of those relations within the frame of Burke's intervention in the world of eighteenth-century political discourse.Burke was of course well placed in 1765 to evolve a theory of imperial government that was at once ideologically compelling and politically viable. In his capacity as secretary to William Gerard Hamilton in the early 1760s he had already examined the corruption of legitimate empire as represented by the introduction of penal legislation into Ireland after 1694. The Tracts Relating to Popery Laws set out to convict the Irish Parliament in Dublin of flagrant misrule. A subordinate legislature within the empire is charged with having employed... (shrink)

In this article, I provide a historical and bibliographical exploration of the handwritten, dictated commentaries (dictata) of Johannes de Raey (1620/1622–1702) on the texts of René Descartes (1596–1650), shedding light on their structure, development, and on their relations with the academic commentaries of Johannes Clauberg (1622–1665) and Christoph Wittich (1625–1687). The study of these commentaries, which are extant as class notes, is important because they conveyed one of the first systematic teachings of Descartes’s ideas and constituted a vehicle for their (...) further dissemination across northern Europe. (shrink)

The essay investigates the question of Europe and philosophy, and its other side, which is not elsewhere but rather consists in the concrete gesture of inscribing here a division between an inside and an outside. I will explore its philosophical and political beginnings and oblivion, which condition the realization of Europe in a paradoxical separation, with an indebtedness to another side, by which it engenders its own orientation. From its inception "per differentiam" from the East, Europe becomes (...) this very project of techno-scientific-rationalization, of unrelenting assimilation, which presumes to manage and organize in its horizon of realization any new event in its history, any intrusion. But this same project or constitutive relationship with the other side puts Europe and philosophy, as borderlands, into question. (shrink)

The present paper argues that the Venezuelan-Chilean philosopher Andrés Bello constitutes an important but heretofore neglected prefiguration of Richard Rorty. I argue for this thesis by articulating first an Inter-American philosophical narrative (based on previous work by Alex Stehn and Carlos Sanchez) that enables me to highlight certain common characteristics in philosophical projects that flourished across the Americas. Having done this, I show that Rorty’s anti-representationalism and anti-foundationalism are prefigured in Bello’s most important philosophical treatise, Filosofía del Entendimiento, to the (...) extent that Bello recognizes the problems posed by the ocular metaphors that are systematically used by Early modern philosophers such as Descartes or Locke, and suggests their elimination and replacement by other metaphors. Finally, I conclude that, if my arguments are correct, the intellectual geography of neo-pragmatism needs to be expanded beyond traditional geographies such as Europe and the US. (shrink)

Citizenship is the cornerstone of a democratic polity. It has three dimensions: legal, civic and affiliative. Citizens constitute the polity's demos, which often coincides with a nation. European Union (EU) citizenship was introduced to enhance ‘European identity’ (Europeans’ sense of belonging to their political community). Yet such citizenship faces at least two problems. First: Is there a European demos? If so, what is the status of peoples (nations, demoi) in the Member States? The original European project aimed at ‘an ever (...) closer union among the peoples of Europe.’ Second: Citizens are members of a political community; to what kind of polity do EU citizens belong? Does the EU substitute Member States, assume them or coexist alongside them? After an analytical exposition of the demos and telos problems, I will argue for a normative self‐understanding of the EU polity and citizenship, neither in national nor in federal but in analogical terms. (shrink)

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

In this paper I analyse and critically assess Jacques Derrida’s political reading of Nietzsche. Derrida’s reading of Nietzsche’s multiple styles and their ramifications for how we read philosophical texts is well known. But Derrida also maintained that Nietzsche’s addresses to an unknown future readership evidenced a democratic aspect to Nietzsche’s work. Derrida’s is a heretofore unexamined interpretation, and in this paper I aim to show that his emphasis on the democratic style of Nietzsche’s writing raises different questions about the kind (...) of political values that support Nietzsche’s critique of modernity. I argue that Derrida’s reading merits discussion, particularly in virtue of its intriguing account of what it means to experience the future democratically. However, I think Derrida’s reading has its own exegetical and philosophical problems. In sections one and two I explain why Derrida thought that Nietzsche’s hopes for the future of Europe constitute a democratic comportment; in section three I show how this reading of Nietzsche can be defended against a philosophical objection to its plausibility; and in section four I suggest exegetical reasons for questioning Derrida’s interpretation. I will end by drawing on Nietzsche’s work to raise an objection to the political quietism of democracy to come. (shrink)

Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government (...) was dispelled, and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

Comparative political thought has long been defined by a major project to widen the horizons of Western thought by attending to non-European and non-western speculative traditions. This chapter explores not only the implications and potentialities of such a move, but also its possible flows. It addresses some of the limits determining the idea of ‘non-Western’ thought across comparative projects, pointing to the internal tensions, accidental assumptions and integral betrayals through which the Western tradition has constituted itself. Our approach here is (...) to expose the contingent roots of the ‘Western referent’ in its problematic association with the idea of Europe, highlighting the way in which ‘orientation’ and ‘Orientalisation’ have helped to consolidate the normative ideal supplied by these two terms. We then proceed to examine a ‘minor tradition’ lying behind the unifying image of the Western canon, where an insight provided by Spinoza’s philosophy supports a critical transition from ‘comparative’ to ‘world’ thought. Functioning not as the synthetic sum of totalising local traditions but the constituent space of a nomadic thinking, ‘world’ thought embodies and valorises difference and production, opening up new possibilities for a synesthetic thought. (shrink)

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they took these insights seriously? To (...) answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

The foremost aim of this paper is to realize the fourth part of the Aufbau. This part, which provides an actual phenomenalistic constitution system, is interpretable from a Kantian perspective (§§1-4). But Carnap plotted to overcome Kant’s old style of philosophy as well. We review this aspect of his constitution, focusing on space (§§7-13) and time (§§5-6), especially.

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit (...) occurs. This process begins by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

Against the concept that objects are defined by their self-contained essence – “thing-in-themselves” – Husserl and Foucault claim they are defined by intersubjectivity or social institutions. I argue that biological and even physical (complex) systems can constitute the unity and meaning of objects.

he Handbook constitutes a global resource for the fast growing interdisciplinary research and policy communities addressing the challenge of driving innovation towards socially desirable outcomes. This book brings together well-known authors from the US, Europe, Asia and South-Africa who develop conceptual, ethical and regional perspectives on responsible innovation as well as exploring the prospects for further implementation of responsible innovation in emerging technological practices ranging from agriculture and medicine, to nanotechnology and robotics. The emphasis is on the socio-economic and (...) normative dimensions of innovation including issues of social risk and sustainability. (shrink)

In searching for the origin of Europe and the cultural region/continent that we call “Europe”, at first glance we have to consider at least a double view: on the one hand the geographical understanding which indicates a region or a continent. On the other a certain form of identity and culture described and defined as European. Rodolphe Gasché taking hint from Husserl’s passage ‘Europe is not to be construed simply as a geographical and political entity’ states that (...) a rigorous engagement with what we understand by “Europe” requires that we acknowledge it as involving ‘something else as well’. With regard to the many bequests of Europe, founded in ancient Greece, in this essay I will attempt to elucidate some essential features of its cultural identity such as science and philosophy, and reflect upon several specific aspects: on the origin of Europe, on its roots and heritage, on the concept of culture, and especially on the foundation of sciences (Geometry), which contains a large part of European spirit and civilization. In particular I will address some European historical moments with reference to Husserl, Heidegger, the concept of Thaumazein… In the second part of the essay, I will shift my interest to Ancient Greece in order to access to the value of the Esprit de géométrie as defined in Proclus on the Commentary on the First Book of Euclid’s. (shrink)

One of the most pressing philosophical problems in early modern Europe concerned how the soul and body could form a unity, or, as many understood it, how these two substances could work together. It was widely believed that there were three (and only three) hypotheses regarding the union of soul and body: (1) physical influence, (2) occasionalism, and (3) pre-established harmony. However, in 1763, a fourth hypothesis was put forward by the French thinker André-Pierre Le Guay de Prémontval (1716–1764). (...) Prémontval’s hypothesis, given the grand name of “psychocracy” (i.e., the dominion or the rule of the soul), held that there was a real influence between soul and body, but that this was an immaterial kind of influence as opposed to the physical kind that had been entertained heretofore. Prémontval’s hypothesis is the focus of this paper. I shall begin by sketching out the details of Prémontval’s hypothesis (Section 1), then proceed to consider its claims to constitute a true fourth hypothesis distinct from the other three (Section 2), before closing by briefly considering two objections and the responses either that Prémontval himself made or that may be made on his behalf (Section 3). (shrink)

Hermann Weyl was one of the most important figures involved in the early elaboration of the general theory of relativity and its fundamentally geometrical spacetime picture of the world. Weyl’s development of “pure infinitesimal geometry” out of relativity theory was the basis of his remarkable attempt at unifying gravitation and electromagnetism. Many interpreters have focused primarily on Weyl’s philosophical influences, especially the influence of Husserl’s transcendental phenomenology, as the motivation for these efforts. In this article, I argue both that these (...) efforts are most naturally understood as an outgrowth of the distinctive mathematical-physical tradition in Göttingen and also that phenomenology has little to no constructive role to play in them. (shrink)

Even with Brexit, the European Union will remain a market of more than 450 million people and a prominent promoter of Western values shared by Australia. Given that the EU has been Australia’s largest investor and economic partner for the past 25 years, it is pertinent to reflect on what an EU without Britain might look like.

The question whether AI systems have agency is gaining increasing importance in discussions of responsibility for AI behavior. This paper argues that an approach to artificial agency needs to be teleological, and consider the role of human goals in particular if it is to adequately address the issue of responsibility. I will defend the view that while AI systems can be viewed as autonomous in the sense of identifying or pursuing goals, they rely on human goals and other values incorporated (...) into their design, and are, as such, dependent on human agents. As a consequence, AI systems cannot be held morally responsible, and responsibility attributions should take into account normative and social aspects involved in the design and deployment of the said AI. My argument falls in line with approaches critical of attributing moral agency to artificial agents, but draws from the philosophy of action, highlighting further philosophical underpinnings of current debates on artificial agency. (shrink)

Is a bank note identical with the piece of paper of which it consists? On the one hand, John Searle, in his reply to Barry Smith, suggests that they are “one and the same object” that is a social or non-social object only under certain descriptions. On the other hand, Lynne Rudder Baker puts forward the claim that bank note and paper are distinct entities that are bound together by the relation of material constitution. I suggest two possible analyses (...) for Searle’s description relativity claim, the Alternative Subject Analysis and the Predicate Modification Analysis. On both accounts his identity claim gets into serious trouble. While Baker’s definition of material constitution deals well with the bank note example, it fails to account for the constitution of bearerless social entities and groups. I point out five respects in which social constitution can differ from Baker’s account of material constitution and discuss compositional, institutional and interactional constitution as additional varieties of social constitution. (shrink)

In this paper, I will argue with Ernst Cassirer that anticipation plays an essential part in the constitution of time, as seen from a transcendental perspective. Time is, as any transcendental concept, regarded as basically relational and subjective and only in a derivative way objective and indifferent to us. This entails that memory is prior to history, and that anticipation is prior to prediction. In this paper, I will give some examples in order to argue for this point. Furthermore, (...) I will also argue, again with Cassirer and contra Henri Bergson, that time should be seen as a functional unity, and not as a collection of three different things-in-themselves (past, present and future). (shrink)

Because climate change can be seen as the blind spot of contemporary philosophy of technology, while the destructive side effects of technological progress are no longer deniable, this article reflects on the role of technologies in the constitution of the (post)Anthropocene world. Our first hypothesis is that humanity is not the primary agent involved in world-production, but concrete technologies. Our second hypothesis is that technological inventions at an ontic level have an ontological impact and constitutes world. As we object (...) to classical philosophers of technology like Ihde and Heidegger, we will sketch the progressive contribution of our conceptuality to understand the role of technology in the Anthropocene world. Our third hypothesis is that technology has emancipatory potential and in this respect, can inaugurate a post-Anthropocene World. We consider these three hypotheses to develop a philosophical account of the ontology of technology beyond an abstract and deterministic understanding. This concept enables us to philosophically reflect on the role of technology in the Anthropocene World in general, and its contribution to the transition to the post-Anthropocene World in particular. (shrink)

Deliberation issues in decision, and so might be taken as a paradigmatic volitional activity. Character, on the other hand, may appear pre-volitional: the dispositions that constitute it provide the background against which decisions are made. Bernard Williams offers an intriguing picture of how the two may be connected via the concept of practical necessities, which are at once constitutive of character and deliverances of deliberation. Necessities are thus the glue binding character and the will, allowing us to take responsibility for (...) our characters. Intriguing though the picture may be, it did not receive a thorough elaboration in Williams’s work. My aim here is to work out and defend what I take to be the most valuable aspect of Williams’s view of agency: its model of the way character and the will can jointly determine agency through mutual constitution. However, I argue that Williams’s attempt to use this model to ground his attack on Kantian morality does not succeed, because the primacy Williams accords to character over the will cannot yield the appropriate kind of normative authority, even from the perspective of the agent. I urge that we retain Williams’s model of the interaction between character and the will, modified to allow the will an authority that is not derived from the necessity of character. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When (...) thus juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

Austin's distinction between locutionary and illocutionary acts has offered a fruitful way of focussing the relation between language and communication. In particular, by adopting the distinction we attend to linguistic and communicative subjects as actors, not just processors or conduits of information. Yet in many attempts to explicate the constitution of illocutionary acts the subject as actor is subsumed within the role of linguistic rules or conventions. I propose an account of illocutionary acts in which rules or conventions are (...) secondary to what I call communicative skills. These skills are taken as the primary component of communicative competence. They are derived from the principle that linguistic communication is not ultimately a linguistic matter, but relates instead to the way a communicator uses language. This principle is found in the work of Donald Davidson, but Davidson has tended to concentrate on semantics, and leaves the details of linguistic communication for pragmatics. The aim of this paper is to defend the general principle and supply some pragmatic details. (shrink)

I introduce the phenomenon of "littleness" to French phenomenology which opens a way toward preparing for the the manifestation of the person, the saturated phenomenon par excellence.

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)