En los capítulos que conforman este trabajo, me propuse analizar la relación entre los efectos de los atentados terroristas del 11 de sep- tiembre de 2001 y el funcionamiento de la democracia estadounidense. La estrategia seguida fue, en varias oportunidades, la de contrastar los acontecimientos y procesos ocurri- dos en los Estados Unidos con la experiencia de las dictaduras del Cono Sur sudamericano de los años setenta y comienzos de los ochenta; en particular con el caso argentino.

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

While to political theorists in the United States ‘community radio’ may seem a quaint holdover of the democratization movements of the 1960s, community radio has been an important tool in development contexts for decades. In this paper I investigate how community radio is conceptualized within and outside of the development frame, as a solution to development problems, as part of development projects communication strategy, and as a tool for increasing democratic political participation in development projects. I (...) want to show that community radio is an essential tool of democratization and democracy outside of the development frame. To do so, I will bring out the conceptual and structural dimensions of community radio through examples of existing community radios, both those which are independently created and those which have been created as development projects. These structural and conceptual elements provide community radio the potential to realize the goals of development practice while avoiding characteristic pitfalls. These ‘pitfalls’ of development are also pitfalls of democratization and democracy in existing democratic states, and include: depoliticization, limited participation, particularly of marginalized groups. (shrink)

An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive (...) data: the Declaration of Independence, the Articles of Confederation, The Federalist Papers, and the United States Constitution. Knowledge, fairness, human dignity, hope, unity, and security are the first principles of democracy and are regarded as the bedrock of democracy and a government framework for the people. This theory contributed to a formal model of democratic social change. It also contributes a conceptual framework that supports Solum’s semantic originalism, a theory of constitutional interpretation. The principles of democracy can revitalize democracy and provide new possibilities by protecting education as an innate human right, abolishing capital punishment, criminalizing private prisons on the stock market, and reevaluating the proportionality of prison sentences. (shrink)

Background: The United States symbolizes democracy in the new world and contributes to global prosperity. Nevertheless, incrementalism is a historically dominant national approach to public policy implementation that delays democracy and undermines human dignity. Human flourishing and national development are endangered by slow-moving democratic changes. This necessitates a social justice framework that traces the exploitation of incrementalism and the consequences of opportunity gaps. Objectives: This study aims to construct a grounded theory to address and answer the following (...) research question: Are anti-democratic concepts part of a process or strategy that hinders democratic change, and what reinforces it, if anything? Methods: Two categories emerged from a grounded theory of democratic social change. This combination of anti-democratic tenets and democratic principles led to abductive reasoning to fill the research gap. Results: The key finding was the existence of a systematic approach that led to democracy while simultaneously disempowering the same group through legal and extralegal means. Two processes hinder democracy: incrementalism and an anti-democratic demoralizing process. A constructivist social justice grounded theory was developed to analyze and evaluate public policy for barriers and facilitators of democracy. A thorough analysis and evaluation of the impact and consequences of public policy is recommended to better understand how such policies impede democracy and influence American perceptions of justice. (shrink)

Much scholarly attention has recently been devoted to ways in which artificial intelligence (AI) might weaken formal political democracy, but little attention has been devoted to the effect of AI on “cultural democracy”—that is, democratic control over the forms of life, aesthetic values, and conceptions of the good that circulate in a society. This work is the first to consider in detail the dangers that AI-driven cultural recommendations pose to cultural democracy. This Article argues that AI threatens to weaken (...) cultural democracy by undermining individuals’ direct and spontaneous engagement with a diverse range of cultural materials. It further contends that United States law, in its present form, is ill equipped to address these challenges, and suggests several strategies for better regulating culture-mediating AI. Finally, it argues that while such regulations might run afoul of contemporary First Amendment doctrine, the most normatively attractive interpretation of the First Amendment not only allows but encourages such interventions. (shrink)

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the (...) politics of peace: he presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, (...) Bourdieu’s, and Marx and Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. (...) The right to express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized (...) moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

Given the oncoming demographic changes—which are primarily driven by the growth in the Latinx community—the United States is predicted to become a minority-majority country by around 2050. This seems to suggest that electoral strategies that employ “dog-whistle” politics are destined for the dust-bin of history. Following the work of critical race theorists, such as Ian Haney-Lopez and Derrick Bell, I want to suggest that pronouncing the inevitable demise of dog-whistle politics is premature. This is because there are reasons (...) to suspect that certain segments of the Latinx community—much like the Southern and Eastern Europeans in the early part of 20th Century—might be co-opted into American whiteness. (shrink)

The thesis examines political and economic transitions in Sub-Saharan Africa (SSA) and particularly in post-communist Ethiopia and Angola between 1989-2019 by applying the interpretative scheme of transition theory. The research question investigated how the economic liberalization of centrally planned political systems affects their political liberalization and vice versa. The main hypothesis attempted to answer whether transition theory can apply as an interpretative model in order to explain post-communist developments in the SSA context. Characteristic noteworthy country (...) examples, which have experienced communism for an extended period and are now under a hybrid developmental state form - with their impressive economic development being driven mainly by the state - are Ethiopia and Angola. Ethiopia and Angola belonged among the fastest-growing economies in the world among China, India and East Asian countries with astonishing high growth rates for extended periods. In turn, their political transition presented signs of liberalization. Yet, they seem to follow the stagnated path of developmental states and hybrid regimes. Ιn order to examine the political and socio-economic parameters of these transformations, the methodology uses also a combination of qualitative and quantitative research data through a twofold comparative approach. From the political perspective two similar political systems are compared. From the economic perspective, we compare a non-resource-rich economy such as Ethiopia with a resource-rich economy such as Angola. The degree of influence of socio-economic interventions by major external actors such as China, US and the EU to democratic consolidation, and vice versa, is examined as well as the repercussions of radical and gradual reforms. The findings of the study suggest that rapid economic transitions along with gradual political reforms in Ethiopia, Angola - and broadly in SSA - inevitably cause delays in socio-economic developments such as employment, inclusiveness and poverty alleviation. Structural external transition drivers in SSA such as debt, structural adjustment programs, subsidies, humanitarian aid and trade deficits seem to hamper its economic transitions than to facilitate its progress and non-dependency. These drivers lead to a vicious circle in most of the empirical examples of SSA. The strong hybrid developmental states of Ethiopia and Angola – despite their democratic progress - present more similarities to the developmental states of China or rest East Asia than to the Central Eastern European countries. In a certain degree, there are similarities also with cases of the Commonwealth of Independent States (CIS), which are still under Russia’s significant influence. The most context-specific parameters though, which concern Sub-Saharan Africa and diversify the states of Ethiopia and Angola from the existing interpretative scheme of transition theory are their high ethnic diversity and economic dependence from their external partners as well as their sui generis leadership. These parameters pose significant constraints to the diverse ethnic groups in their struggle for power and for their access to the natural resources. (shrink)

The article critically investigates various approaches to “smart” governance, from algorithmic regulation (O’Reilly), fluid technocracy (P. Khanna), “smart states” (Noveck), nudge theory (Thaler/ Sunstein) and social physics (Alex Pentland). It specifically evaluates the cybernetic origins of these approaches and interprets them as pragmatic actualisations of earlier cybernetic models of the state (Lang, Deutsch) against the current background of surveillance capitalism. The authors argue that cybernetic thinking rests on a reductive model of participation and a limited concept of “the (...) political” (whereby the systemic focus is on adaptive behaviour, stability and self-preservation instead of antagonism and dissensus). This limitation becomes particularly articulate in the aforementioned neocybernetic models of governance, and is even intensified in the contemporary monopolistic digital infrastructure. (shrink)

Pettit (2012) presents a model of popular control over government, according to which it consists in the government being subject to those policy-making norms that everyone accepts. In this paper, I provide a formal statement of this interpretation of popular control, which illuminates its relationship to other interpretations of the idea with which it is easily conflated, and which gives rise to a theorem, similar to the famous Gibbard-Satterthwaite theorem. The theorem states that if government policy is subject to (...) popular control, as Pettit interprets it, and policy responds positively to changes in citizens' normative attitudes, then there is a single individual whose normative attitudes unilaterally determine policy. I use the model and theorem as an illustrative example to discuss the role of mathematics in normative political theory. (shrink)

John Dewey proposed soon after the atomic bombings of Hiroshima and Nagasaki that citizens of techno-industrial nations suffer from "cultural lag" (LW 15:199-200; cf. LW 4:203-28). He had in mind a sort of moral jet lag, a condition in which most of the basic alternatives we have on hand to think and talk about moral and political life, from customary moralizing to sophisticated theorizing, were developed, canned, and pickled on a shelf so long ago that they now lag far (...) behind the multi-faceted problems that our values must speak to. The failure of many countries, most visibly the United States, to effectively navigate climate change and the Covid-19 global pandemic exemplifies our moral jet lag. Our collective responses to the new normal of global disruptions are, in William James’s words in Pragmatism, “out of plumb and out of key and out of ‘whack’” (1907, 37). The American philosophical tradition that includes James and Dewey has long sought to compensate for the excesses of America’s hyper-individualism and its anti-naturalistic distrust of experimental intelligence. In this brief analysis of our morally jet lagged response to the Covid-19 pandemic, we draw heavily on two highly articulated intellectual resources for America’s moral, political, and educational recovery: Jane Addams’s social ethics and Dewey’s deeply democratic theory of moral and political deliberation. (shrink)

Chapters 17 and 18 of the TTP constitute a textual unit in which Spinoza submits the case of the ancient Hebrew state to close examination. This is not the work of a historian, at least not in any sense that we, twenty-first century readers, would recognize as such. Many of Spinoza’s claims in these chapters are highly speculative, and seem to be poorly backed by historical evidence. Other claims are broad-brush, ahistorical generalizations: for example, in a marginal note, Spinoza refers (...) to his Jewish contemporaries as if they were identical with the ancient Hebrews. Projections from Spinoza’s own experience of his Jewish and Dutch contemporaries are quite common, and the Erastian lesson that Spinoza attempts to draw from his “history” of the ancient Hebrew state is all too conspicuous. Even Spinoza’s philosophical arguments in these two chapters are not uniformly convincing, as I will attempt to show. Yet in spite of all these faults, the two chapters are a masterpiece of their own kind: a case study of the psychological foundations of politics and religion. The work that comes closest in my mind is Freud’s 1939 Der Mann Moses und die monotheistische Religion. The two works are similar not only in terms of their chronological subject matter – the Hebrews of Moses’s time – but also in their attempt to reconstruct the communal psyche of the Hebrews in order to demonstrate their respective social theories about the foundation of civilization. Needless to say, there are numerous differences between the two works, not the least of which are their distinct aims and the very different political contexts in which they were produced. We will return to this comparison with Freud’s Moses and Monotheism toward the end of the essay, but let me first stage the background for our discussion. Chapter 16 of the TTP begins a new section of the book which primarily deals with the relation between religion and the state. In this chapter Spinoza presents an outline of his political theory and his understanding of key notions such as right, power, the state of nature, the social contract, sovereignty, democracy, and justice. The title of chapter 17 announces its aim and focus: “showing that no one can transfer everything to the Supreme Power, and that this is not necessary; on the Hebrew Republic, as it was during the life of Moses, and after his death, before they elected Kings, and on its excellence; and finally, on the causes why the divine Republic [Respublica divina] could perish, and could hardly survive without rebellions” (III/201). The far less ambitious title of eighteenth chapter states that in it “certain Political doctrines are inferred from the Republic and history of the Hebrews” (III/221). Essentially, the two chapters present a surprising, ironic, and penetrating reading of the story of the divine Hebrew Republic, a reading which highlights both how much and how little was achieved by the use of the fantastic political device of attributing divine sanctification to the state and its sovereign. (shrink)

The Section 230 debate is a proxy for reevaluating constitutional fundamentals. The modern right and the modern left, both attacking Section 230, have abandoned liberalism, together with free speech, public private divide, and the politics of neutrality. Instead of believing in First Amendment value pluralism, each side of the spectrum wishes to realize their own positive normative vision for the political community which, today, is largely defined in the realm of digital culture. Each side recognizes the political other (...) as an enemy to their own utopia, wishing to control, censor, or simply become sovereign thereover. These existential politics of the “culture war” are formally circumscribed by liberal constitutionalism, including the state action doctrine. Regardless of any formal change of the First Amendment interpretation, the government will continue to exercise soft pressures on platforms, thus outsourcing censorship, and creating a novel regulatory dialectic of pressure and cooperation. The government, to become truly sovereign, realize its normative vision, and exclude the other, needs to delegate part of its sovereignty to virtual governments. The Constitution of the United States may thus be undergoing an informal amendment conducted through the private hands of internet intermediaries, which has largely gone unnoticed in the scholarly debate over Gonzalez v. Google, digital sovereignty, and platform regulation. (shrink)

Proposed theory on pluralism: Although religious pluralism and co-existence is achievable, there must always exist a dominant cultural, religious or ideological framework within which minorities reside. The theory on pluralism that I wish to propose is what I have termed as “dominationism” or “domination theory”. Domination theory would state that even though religious pluralism can and should exist in a modern society, it can only be sustained if it exists within a dominant framework. This framework may (...) have a religious, secular or atheistic slant, but it is nevertheless the dominant framework in which religious pluralism exists. Although the idea of domination of one framework and religious pluralism may seem contradictory, an example of this can be found in almost every country. For example, in the United Kingdom, we live in a pluralistic society within a religious framework slanted towards Anglicanism (Bradney, 2015). In the United States, they live in a pluralistic society within a secularistic framework (Rosentiel, 2007). In the UK’s case, Anglicanism is the framework in which religious pluralism exists and in the US, secularism is the framework in which religious pluralism also exists. In both countries, religious pluralism is readily upheld, however, both have systems or frameworks that are characterised by a dominant ideology or religion. The argument that dominationism is proposing is that religious pluralism cannot exist in and of itself as there must be a dominant framework for it to exist within. An example of where this theory is being tested is in the case of Nigeria that has an almost equal population of Christians and Muslims. In that country, secularism must be the dominant framework for the country to continue to exist as it is split along religious lines between its north and its south (Reinhart, 2019). Dominationism essentially states that whether a country is religious or secular or atheist, there will always exist a dominant framework by which a country is run and through which it identifies in the majority, whether that be religious, secular, or atheistic. Applied to a democracy, dominationism states that a democratic system is geared towards the dominant majority but in which religious pluralism is likely to still exist due to the liberal nature of the society (e.g. France and Germany) (Schieder, 2015). In an authoritarian state, dominationism is existent in the dominant minority who possess political and often military power (e.g. North Korea and China) who often don’t allow open practice of religion at all. This does not mean to say that France and Germany are anything like North Korea and China, but this comparison demonstrates the two extremes of the applicability of domination theory and how there can exist a variety of shades of dominationism between these two extremes. To illuminate the domination theory further and to make a deeper link to pluralism and interfaith interactions in relation to the domination theory, I have selected a total of eleven photos for the portfolio. (shrink)

The idea of a responsible cosmopolitan state (RCS) represents a recent attempt to reconcile the utopianism of cosmopolitan political theory and the practical constraints arising from the current realities of politics among territorial and largely self-interested states. I show in the chapter that the neorealist and/or geopolitical challenge rests on a misconception about what cosmopolitanism is meant to provide, because immediate practical advice is only a part of what normative political theory may bring to the (...) table. Besides the notion of self-interest which can be interpreted in different ways, it is mainly the action-modifying role of norms (especially international/supranational law) which may gradually change the game. Since the sustenance of state capacities is often preconditioned by events which take place beyond state borders, shared rules of conduct allow for more effective coordination in cases where collective action is required. Although the idea of a RCS primarily targets foreign policy priorities of smaller/weaker states (not-great-powers), it may turn out that collective action problems arising from empirical realities of the 21st century increasingly put great powers under pressure to accept such self-imposed constraints and comply with them. In the final part of the paper, however, I explain why this ‘cosmopolitan optimism’ needs to be aware of its own limitations, singling out the problems of internal motivation of actors in world politics and the deeper meaning of sovereignty which precludes an easy switch to the language of dispersed, pooled, or relational sovereignty. I conclude by arguing that if we are to take cosmopolitan ideals seriously, the RCS most likely represents a transitional stage on the route towards a centralised global political authority. (shrink)

Hatred of America expressed in the September 11th attack is more than matched by the hatred by Americans for Islamists expressed in the war on Afghanistan, the War against Terror and the threatened wars against the “Axis of Evil”. It is argued here that there is a pattern of self-reinforcing hatred operating in the world set in motion by the actions of the United States, particularly by George Bush Snr. and embraced and used by George Bush Jr. to (...) reinforce and further develop this pattern. To oppose this it is necessary to understand how hatred is generated, how this system operates and how Bush is exploiting it, and then to provide an alternative. It is argued this requires a new story of civilization as the quest for justice understood as true recognition to oppose to the myths based on hatred promulgated by Bush. In terms of this story, the extreme economic, social, political and military policies of Bush and the myths used to justify them should be recognized for what they are, the challenge of barbarism to civilization. (shrink)

The purpose of this article is to introduce an innovative approach to the theoretical debate of the last two centuries on how to appropriately conceptualize modern democracy. The main argument that is being put forward by the analysis is that the common reliance on the assumption of pre-modern political philosophy, that democracy is a certain type of political regime or at least a form of rule, has become insufficient to cover the influence and scope of its modern meaning (...) and practical use. Political theory faces the risk of becoming misguided and prejudiced, if the problem of re-conceptualizing democracy is not taken seriously into account. The article tends to offer new insights on the ongoing democratic debate by focusing on one simple question: can modern democracy be understood in terms of a political regime or should it be viewed as a distinct entity? The field of study relevant to our analysis of democracy ranges from Enlightenment thinkers, such as J. J. Rousseau and Voltaire, to XIX–XX century political philosophers (like A. de Tocqueville and C. Schmitt) and some contemporary theorists, like P. Manent. The article starts with explanations, why it is important to look deeper into the conceptual difficulties of modern democracy and why political philosophy and its theories on political regimes are crucial for such a task. Parts 3–5 of the analysis tend to prove that the only way to appropriately understand modern democracy is to identify and question its basic assumptions: the sovereignty of the people and social equality. The final part of the article – part 6 – offers a critique of understanding modern democracy as a political regime. The critique identifies three main theoretical problems, inherent to the discussion on modern democracy, which make it difficult to avoid contradictions when applying the name “democratic” to various political regimes. The article concludes that: First, democracy is not a political regime in a pre-modern sense of the term, which is an assumption still widely taken for granted in political theory. Democracy should be seen as a universal principle of legitimization of power, which can be applied by various regimes. Second, political philosophy faces the danger of adopting an oversimplified understanding of democracy as merely an institutional form of rule (a view perpetuated by social sciences); as well as the danger of conceptualizing democracy as a substance-free and abstract ideal, applicable to all forms of government. Both of these concepts fail to acknowledge the scope of democracy and thus should not be seen as satisfactory. Third, theoretical discussions on democracy suffer from three conceptual shortcomings, which make it impossible to speak about democracy as a political regime. The three problems are: 1. a tendency to see democracy as an ideal concept with no need of practical grounding; 2. making democracy a formal concept with no need of references to its normative nor positive substance; 3. making democracy a pseudo-religious entity by imitating structural elements of Christian religion: faith in a universal nature of humans, an all-powerful sovereign (the people), messianic mission. Lastly, the article generalizes that political philosophy has an obligation to demystify the concept of democracy in order to re-emerge discussions about the substance of different political regimes. For this purpose the concept of loyalty should be taken into account. If we want to prove that a certain state corresponds to a certain political regime, we must try to understand why its subjects maintain loyalty to a specific form of rule. Only unprejudiced political philosophy is capable of such a task, that’s why it should avoid taking the concept of democracy for granted. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to (...) communicate. Theoretical considerations, aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

In our study of U.S. counterterrorism programs, we found that anthropology needs a mode of analysis that considers security as a form distinct from insecurity, in order to capture the very heterogeneity of security objects, logics and forms of action. This article first presents a genealogy for the anthropology of security, and identifies four main approaches: violence and State terror; military, militarization, and militarism; para-state securitization; and what we submit as “security analytics.” Security analytics moves away from studying security formations, (...) and how much violence or insecurity they yield, to identifying security forms of action, whether or not they are part of the nation-state. As a framework for anthropological inquiry, it is oriented toward capturing how these forms of action work and what types of security they produce. We then illustrate this approach through our fieldwork on counterterrorism in the domains of law enforcement, biomedical research and federal-state counter extremism. In each of our cases, we use security analytics to arrive at a diagnosis of the form of action. The set of conceptual distinctions that we propose as an aid to approaching empirical situations and the study of security is, on another level, a proposal for an approach to anthropology today. We do not expect that the distinctions that aid us will suffice for every situation. Rather, we submit that this work presents a set of specific insights about contemporary U.S. security, and an example of a new approach to anthropological problems. (shrink)

The aim of this article is to provide a philosophical conceptual framework to understand the theoretical roots and political implications of the interpretations of Plato’s work in Jaeger’s Third Humanism and Krieck’s völkisch-racist pedagogy and anthropology. This article will seek to characterize, as figures of localitas, their conceptions of the individual, community, corporeality, identity, and the State that both authors developed departing from Platonic political philosophy. My main hypothesis is that Jaeger’s and Krieck’s interpretations of Platonic paideía shared (...) several core-elements based on a modern conception of State sovereignty and human will, whose fundamental ground is the subjectivist-technical metaphysics. The “production” of a human type (spiritual and/or racial) and a unitary State political community appears in both authors mediated by a theory of political education, that I define as «State typohumanism», that sought its sustenance in Plato’s political philosophy, mainly by means of a distorted understanding of the notions of týpos and ē̂thos, and that, I argue, played a key role in the intellectual legitimization of völkisch-racism. This would be broadly translated into a programmatic and literal understanding of the Platonic Republic which assumes that the inherent function of any State is to produce subjectivities based on national identities grounded on homogeneous characteristics. In these varied characterizations similar appropriations of humanitas have been expressed both in Jaeger and in Krieck. (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)

The limited access to public secondary education in rural regions of Haiti has impacted children who want to pursue their education beyond the primary level. This generic qualitative study aimed to explore the perceptions of informed Haitian educators and other educators who were knowledgeable about the lack of access to public secondary education in rural Haiti, specifically through the framework of polarities of democracy theory. Data were gathered by conducting semistructured interviews with 20 educators who were situated in both (...) Haiti and the United States. NVivo 14 was used to organize, code, and analyze the data. Thematic analysis revealed three themes: (a) the government prioritizes political and personal interests over rural residents’ education, (b) disparities need to be reduced between urban and rural areas, and (c) a revolution in education is needed to build more public secondary schools for rural residents. Public policy recommendations included investing in training rural individuals to create a database of academics who can meet local students’ educational demands. Positive social change can occur by enhancing governmental services, implementing strategies to revitalize the agricultural sector in rural regions, and promoting active participation of rural residents in shaping the design of public schools to ensure effective secondary education for their children. (shrink)

Mark Coeckelbergh starts his book with a very powerful picture based on a real incident: On the 9th of January 2020, Robert Williams was wrongfully arrested by Detroit police officers in front of his two young daughters, wife and neighbors. For 18 hours the police would not disclose the grounds for his arrest (American Civil Liberties Union 2020; Hill 2020). The decision to arrest him was primarily based on a facial detection algorithm which matched Mr. Williams’ driving license photo with (...) the picture of a man who was suspected of watch theft two years earlier. Not only did the computer ‘get it wrong’ as one of the detectives said, when Mr. Williams made them aware that the picture of the suspect obviously wasn’t resembling him, the probably unreliable algorithm very likely contributed to racial discrimination (Hill 2020). It is well documented that many available facial detection algorithms at this time had significant problems (e.g. a comparably high false positive rate) with respect to black persons, like Mr. Williams (NIST 2019). Multiple causes may exist, such as unbalanced training datasets and insufficient optimization. Coeckelbergh compares the disturbing case of Mr. Williams with a political interpretation of Franz Kafka’s The Trial, where the protagonist, Josef K., is accused of an unspecified crime by an opaque, oppressive and absurd bureaucracy: “In the 21st-century United States, Josef K. is black and is falsely accused by an algorithm, without explanation” (p. 2). (shrink)

This paper presents a preliminary analysis of the first participatory budgeting experiment in the United States, in Chicago's 49th Ward. There are two avenues of inquiry: First, does participatory budgeting result in different budgetary priorities than standard practices? Second, do projects meet normative social justice outcomes? It is clear that allowing citizens to determine municipal budget projects results in very different outcomes than standard procedures. Importantly, citizens in the 49th Ward consistently choose projects that the research literature classifies (...) as low priority. The results are mixed, however, when it comes to social justice outcomes. While there is no clear pattern in which projects are located only in affluent sections of the ward, there is evidence of geographic clustering. Select areas are awarded projects like community gardens, dog parks, and playgrounds, while others are limited to street resurfacing, sidewalk repairs, bike racks, and bike lanes. Based on our findings, we offer suggestions for future programmatic changes. (shrink)

Hannah Arendt's rich and varied political thought is more influential today than ever before, due in part to the collapse of communism and the need for ideas that move beyond the old ideologies of the Cold War. As Dana Villa shows, however, Arendt's thought is often poorly understood, both because of its complexity and because her fame has made it easy for critics to write about what she is reputed to have said rather than what she actually wrote. Villa (...) sets out to change that here, explaining clearly, carefully, and forcefully Arendt's major contributions to our understanding of politics, modernity, and the nature of political evil in our century.Villa begins by focusing on some of the most controversial aspects of Arendt's political thought. He shows that Arendt's famous idea of the banality of evil--inspired by the trial of Adolf Eichmann--does not, as some have maintained, lessen the guilt of war criminals by suggesting that they are mere cogs in a bureaucratic machine. He examines what she meant when she wrote that terror was the essence of totalitarianism, explaining that she believed Nazi and Soviet terror served above all to reinforce the totalitarian idea that humans are expendable units, subordinate to the all-determining laws of Nature or History. Villa clarifies the personal and philosophical relationship between Arendt and Heidegger, showing how her work drew on his thought while providing a firm repudiation of Heidegger's political idiocy under the Nazis. Less controversially, but as importantly, Villa also engages with Arendt's ideas about the relationship between political thought and political action. He explores her views about the roles of theatricality, philosophical reflection, and public-spiritedness in political life. And he explores what relationship, if any, Arendt saw between totalitarianism and the "great tradition" of Western political thought. Throughout, Villa shows how Arendt's ideas illuminate contemporary debates about the nature of modernity and democracy and how they deepen our understanding of philosophers ranging from Socrates and Plato to Habermas and Leo Strauss.Direct, lucid, and powerfully argued, this is a much-needed analysis of the central ideas of one of the most influential political theorists of the twentieth century. (shrink)

Background: -/- With recent attention to the organizational dynamics of contemporary Satanism, updated information on Satanic and Setian organizations is imperative for the field. Purpose: -/- The purpose of this research note is to update the literature surrounding Satanism and Setianism with new organizational and administrative information, which will help scholars studying these groups in developing new theoretical frameworks and interpretations. Methods: -/- A snowball sample interview, participant observation, and ethnographic study was conducted. In person field work was done primarily (...) in Austin, TX, and New York, NY, where occult bookstores, wicca stores, online group pages/forums, Satanic gatherings, and goth clothing shops were frequented for a portrayal of “lived Satanism.” Results: -/- Findings elaborate on the authority structures of five Satanic and Setian organizations, and a long considered defunct Satanic group called the Church of Satanic Brotherhood is uncovered. Participants also elaborate on the previous schisms within the Satanic niche. Conclusions and Implications: -/- Field note recommendations are given to future researchers working in Satanic studies. The organizational findings inform future research and theoretical innovations, including religious organization ecology (ROE) theory. (shrink)

According to a recent interpretive orthodoxy, Spinoza is a profoundly democratic theorist of state authority. I reject this orthodoxy. To be sure, for Spinoza, a political order succeeds in proportion as it harnesses the power of the people within it. However, Spinoza shows that political inclusion is only one possible strategy to this end; equally if not more useful is political exclusion, so long as it maintains what I call the depoliticised acquiescence of those excluded.

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power (...) of the Transnational Capitalist Class as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

In this article I argue that including relaxed epistemic values in the justification of democracy through a pragmatist and non-monist approach is compatible with the democratic values of self-rule and pluralism (which are often seen as incompatible with "political truth"). First, I contend that pragmatist epistemology offers a more suitable approach to politics instead of the correspondence theory of finding "the one truth". Secondly, I argue that instead of choosing between monist (purely epistemic or procedural) accounts of justification (...) of democracy we should see epistemic values as part of a hybrid interpretation. Thirdly, I argue that epistemic values in democracy should be interpreted in a non-demanding way. Fourth and corresponding to previous points, I claim weak political cognitivism is phenomenologically most plausible for the democratic participant. I then continue to show that both the values of autonomy and pluralism, which are often considered antithetical to truth-claims, can be accommodated and even enhanced by epistemic values in the justification of democracy. (shrink)

Existing social disparities in the United States are inconsistent with Lincoln’s promise of democracy; therefore, there is a need for a critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change. The result was the construction of two frameworks: the demoralization process that triggers social change, and a formal (...) grounded theory that could explain democratic social change endeavors across different domains and levels of analysis. This democratic social change grounded theory answers the research question: How do the principles of the American founding documents provide an understanding of the process of American democratic social change? (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. (...) The role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

The ethics of voting is a new field of academic research, uniting debates in ethics and public policy, democratic theory and more empirical studies of politics. A central question in this emerging field is whether or not voters should be legally required to vote. This chapter examines different arguments on behalf of compulsory voting, arguing that these do not generally succeed, although compulsory voting might be justified in certain special cases. However, adequately specifying the forms of voluntary voting that (...) are consistent with democratic norms is likely to be philosophically complex and politically controversial. (shrink)

"Biopolitics" has become a popular concept for interpreting the COVID-19 pandemic, yet the term is often used vaguely, as a buzzword, and therefore loses its specificity and relevance. This article systematically explains what the biopolitical lens offers for analyzing and normatively criticizing the politics of the coronavirus. I argue that biopolitics are politics of differentiated vulnerability that are intrinsic to capitalist modernity. The situation resulting from the COVID-19 pandemic is, therefore, less of a state of exception than it might appear; (...) COVID-19 is a continuation and intensification of the capitalist biopolitics of differentiated vulnerability. In order to critically evaluate this situation, the article proposes the concept of "democratic biopolitics" and shows how it can be used, among others, for a queer critique of the differentiated vulnerabilities that are produced by the coronavirus and its capitalist governance. In contrast to widespread interpretations of democratic biopolitics that focus on collective care in communities, this article highlights the role of the state and of the redistribution of political power and economic resources as key for biopolitical democratization. (shrink)

In this paper, I argue that many recent interpretations of John Dewey's vision of democracy distort that vision by filtering it through the prism of contemporary deliberative democratic theories. An earlier attempt to defend Dewey's theory of moral deliberation is instructive for understanding the nature and function of this filter. In James Gouinlock's essay "Dewey's Theory of Moral Deliberation," he argues that Morton White and Charles L. Stevenson's criticisms of John Dewey's ethical theory are based upon fundamental (...) misinterpretations of Dewey's theory of moral deliberation. In the spirit of Gouinlock's 1978 essay, I show how this historical debate relates to a claim of political philosophers and political theorists that is currently in vogue, namely, that Dewey's writings contain a nascent theory of deliberative democracy. Deliberative democratic theorists contend that deliberation is the group activity that transforms individual preferences and behavior into mutual understanding, agreement, and collective action. Once Dewey's vision of democracy is identified with this theory of deliberative democracy, the strategic question for Deweyans arises: If Deweyan democracy is identified too closely with deliberative democracy, will Dewey scholars risk making Dewey's democratic vision an outmoded approach to theorizing about democracy in the wake of an expired deliberative turn? One way to see our way clear of this strategic question is to remove the deliberative democracy filter and appreciate Dewey's vision of democracy as a unique and free-standing contribution to democratic theory. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases (...) significant, such discontinuities fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

Aesthetic theorists often interpret and understand works of art through the social and political context that creates and inspires the work. The recent economic recessions, and the accompanying austerity measures in many European countries, provide an interesting test case for this contextual understanding. Economists debate whether or not spending on entertainment and arts drops during times of recession and austerity. Some economists assume that spending will decline in times of austerity, but others point to evidence that spending on creative (...) arts and entertainment remains steady and even increases during a recession because of the relief and escapism that the arts provide. Tax incentives and production rights are often given to filmmakers in the United States; in hopes that such projects will enliven a local economy and provide work for a local creative community. In the context of recent austerity measures in Greece and Spain, new and creative ways for members of the arts community to bring about new projects, and fund them in ways that critique political leadership, have emerged. Following Richard Wollheim’s classic aesthetic theory of “criticism as retrieval,” we should be mindful of the cultural values that are at stake in the creativity-culture market now being created. In any case, some scholars estimate that austerity measures in many countries will last until 2020, giving us ample opportunity to be even more “creative” with both financial incentives and artistic achievements. Keywords: Austerity, Cultural Economy, Creative Class, Tax Incentives, Aesthetics, Microtheatres, Entertainment. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First (...) is the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Although successive generations of digital technology have become increasingly powerful in the past 20 years, digital democracy has yet to realize its potential for deliberative transformation. The undemocratic exploitation of massive social media systems continued this trend, but it only worsened an existing problem of modern democracies, which were already struggling to develop deliberative infrastructure independent of digital technologies. There have been many creative conceptions of civic tech, but implementation has lagged behind innovation. This article argues for implementing one such (...) vision of digital democracy through the establishment of a public corporation. Modeled on the Corporation for Public Broadcasting in the United States, this entity would foster the creation of new digital technology by providing a stable source of funding to nonprofit technologists, interest groups, civic organizations, government, researchers, private companies, and the public. Funded entities would produce and maintain software infrastructure for public benefit. The concluding sections identify what circumstances might create and sustain such an entity. (shrink)

The vertiginous rise of right-wing populism, especially in its “nationalist, xenophobic and conservative form”, and some “racist, anti-Semitic, homophobic and sexist” drifts associated with this phenomenon – whether real or perceived as such – make the mainstream media play a double role. On the one hand, the mainstream media reflect the struggle for political hegemony between different vested interests; on the other hand, they engage in the fight against right-wing populism blasting both right-wing populist candidates and their voters or (...) supporters. Many mainstream journalists ask citizens to realize a “sanitary cordon”, a “wall” or a “republican front” to block far-right populism and preserve liberal democracy. Moreover, they urge people to be wary of all attempts to “dediabolize” or “normalize” some tokens of right-wing populism. The main idea of this article is that right-wing populism is more harmless than is generally believed and, if excessive, negative media coverage doesn’t baffle but feed it. Populism is essentially a latent side effect of liberal democracy. Populism rises and becomes obtrusive only if a significant part of society perceives a regime of illiberal majoritarianism instead of one of liberal democracy. Right-wing populists are chiefly frustrated “ci-devants” who feel dispossessed of their past, identity, properties, qualities, privileges or titles. Inasmuch as the causes of collective frustration are many and varied (e.g. the real or just perceived corruption of the elites, the “system”, the deep state, the relocation of jobs, immigration, national sovereignty, national identity, communitarianism, radical Islamism, the status of some traditional institutions, some chapters of official history, etc.), there will always be right-wing populists, whether they are self-declared or covert. By adopting David G. Hackett’s thesis that the media are “agents of hegemony”, we applied the critical analysis of discourse to a set of 346 media articles in order to reveal the discursive sources of power, domination, inequality and partiality. The articles appeared in The New York Times and Le Monde during the period 2016-2017, at the time when the presidential elections took place in the United States and France. The articles were selected according to the occurrence of the keywords “Donald Trump” – “populism” and “Marine Le Pen” – “populisme” within the titles. The analysis of these articles reveals a divisive discursive structure that correspond to a real political cleavage in society. It is true that populism presents a “Manichean outlook”, in which there are only friends and foes” and no compromise is possible. It is also true that mainstream media reinforce this Manichean perspective on society and make populists feel marginalized and politically disempowered. The mainstream media may appease right-wing populism if they treat its followers as legitimate and equal political actors. For this, they have to give up the narrative structures that underscore insurmountable divergences and irreconcilable interests. In a liberal democracy, mass media should chiefly play the role of mediator. They may not aim to defeat or re-educate certain categories of citizens just because they advocate “wrong” political solutions. (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he (...) sought to uphold a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (shrink)

Over the last three years I have been fortunate to teach an unusual class, one that provides an academic background in ethical and social and political theory using the medium of comedy. I have taught the class at two schools, a private liberal arts college in western Pennsylvania and a public regional state university in southern Georgia. While the schools vary widely in a number of ways, there are characteristics that the students share: the school in Pennsylvania had (...) a large population of students raised in a middle class industrial context, and the school in Georgia had a majority of students from middle-to-lower class agricultural backgrounds. Because of recent collapses in the economy of the tool and dye industry in the Great Lakes region, and the ongoing concerns for development in rural and urban areas of the southeastern United States, both groups of students were in similarly dire economic and working conditions. All faced the distinct possibility that they would not do as well in life as their parents. Most of the students grew up with television and film and had a love of comedy when they arrived at college. -/- Entertainment and mass media contributed to the students' mindset and the lens through which they viewed and interpreted their lived experience. Comedic mass media in the form of television sitcoms and films were common choices for inexpensive entertainment, in their childhood, in their past, in their homes, and now in their college dorms and apartments. In asking students to connect their own history with cultural trends depicted in comedy in film and television, even through the history of television, gave the students a familiar venue to critically consider their own intellectual growth and development and that of American society as a whole. -/- Many of them were familiar with the internet, and enjoyed the internet as a source of information about celebrities as well as the history and episodes of their favorite television shows and films. Students are rediscovering and discovering television programs that their professors may have watched as children, with the availability of a wide range of comedy television programs available on cable, especially TVLand, Comedy Central and Nick-at-Night. -/- In this article I will elaborate on the value of comedy as a teaching tool for philosophers and professors. I will provide a number of examples, showing how comedy can provide fertile examples of ethical theory at work, and I will show how comedy can be used to clarify cultural norms and values. Finally, I will discuss the political activism and student empowerment involved in teaching Philosophy, Comedy and Film in southern Georgia. (shrink)

The political distinction between left and right remains ideologically muddled. This was not always so, but an immediate return to the pristine usage is impractical. Putting a theory of social liberty to one side, this essay defends the interpretation of left-wing as personal-choice and right-wing as property-choice. This allows an axis that is north/choice (or state-free) and south/control (or state-ruled). This Political Compass clarifies matters without being tendentious or too complicated. It shows that what is called ‘libertarianism’ (...) is north-wing. A quiz gives the reader’s Political Compass reading. (shrink)

In this paper the central ideas and history of the theory of complex systems are described. It is shown how this theory lends itself to different interpretations and, correspondingly, to different political conclusions.

Gerontology together with its subfields, such as social gerontology, geragogy, educational gerontology, political gerontology, environmental gerontology, and financial gerontology, is still a relatively new academic discipline that is currently intensively developing, expanding research fields and combining various theoretical and practical perspectives. The interdisciplinarity, transdisciplinarity, and multidisciplinarity of research on ageing and old age, despite its vast thematic, methodological and theoretical diversity, have a common denominator, which is the focus of research work on improving the quality of life of older (...) people. It is the concern for the components of quality of life such as welfare and well-being as well as focus on learning about phenomena conditioning successful ageing that has become motivators and premises hidden or visible in many texts included in the Research Topic “Perspectives and Theories of Social Innovation for Ageing Population.” The Research Topic that we are presenting to our readers is unique not only because of its size but above all because of its novelty and social involvement, visible in the content of individual chapters. The presented collection includes 17 articles prepared in total by 76 authors from the following countries: China, Finland, Germany, Ghana, Hungary, Ireland, Israel, Italy, Japan, the Netherlands, Poland, Portugal, Slovenia, Spain, Sweden, the United Kingdom, and the United States. Two journals were combined with this Research Topic: “Frontiers in Public Health” and “Frontiers in Sociology.” The presented Research Topic contains seven types of articles covering: two community case studies, eight original research articles, two perspective articles, one hypothesis and theory paper, one policy and practice review, one methods article, and two book reviews. The rationale to start work on this set of texts was the desire to continue and deepen the research analyses of the editors of this set, which concern the development of social innovations for the ageing population as well as changes of public policy on ageing. This Research Topic deals with topics covering issues such as social learning, intergenerational transmission, senior entrepreneurship, creative content creation by older adults, care services, raising the independence of older people in their living environments, dementia challenges, the image of the older generation in local social policies, new trends in qualitative research on old age, strategies for dealing with chronic diseases, the use of digital tools in health education, the silver economy/longevity economy, age-friendly environments, the diversity of structures and social services, preparation for old age, and food safety. The wide variety of submitted texts shows several selected and, according to the authors, current challenges that contemporary seniors have to face. The articles comprising this Research Topic are organized according to five themes. (shrink)