PRECIADO, P. B. Dysphoria mundi. El sonido del mundo derrumbándose. 560 p. Espanha: Editorial Anagrama, 2022.

Este artigo investiga as diferentes concepções de “Sujeito” de acordo com o corpus teórico do filósofo Paul B. Preciado. As categorias analisadas são: os processos subjetivos e técnicos de sujeição social e servidão maquínica na era farmacopornográfica; o sujeito Playboy e petrosexorracial; a Multidão, seus múltiplos devires e as micropolíticas de resistência à opressão; a metamorfose dos sujeitos em agentes revolucionários e os simbiontes políticos, postulados por Preciado em seu mais recente livro publicado, Dysphoria mundi. Como Preciado articula (...) todas estas concepções, considerando ainda as linhas de fuga da submissão, isto é, o horizonte filosófico de resistência onto-epístemo-política, metamorfose e até a possível superação da dominação capitalística? Os procedimentos metodológicos foram baseados na pesquisa bibliográfica (livros, artigos e crônicas), de modo a evidenciar o contraste, as semelhanças, diferenças e interstícios entre a teoria de Preciado e as suas principais referências. Os resultados obtidos indicam uma linearidade consistente entre-categorias, os desafios em materializar as teorias revolucionárias na realidade cotidiana, bem como estratégias práticas que contribuem para a organização ontopolítica proposta por Preciado. (shrink)

Gender dysphoria is typically construed as a medical concept. This understanding of gender dysphoria reflects how cisgender people interpret trans experience. This essay proposes an alternative concept of gender dysphoria for critical theory: on this account, gender dysphoria is alienation from cisgender forms of life. If the medicalized concept of gender dysphoria tacitly takes for granted, identifies with, and thereby reinforces cisgender patriarchal society, a critical theory of gender dysphoria instead approaches the issue from (...) the perspective of trans people, their lived experiences and social situation, to offer a critique of society. While the medicalized concept of gender dysphoria refers to a “distress” caused by living in the “wrong-body,” the critical concept of gender dysphoria refers to an alienation as a result of living in the “wrong (cisgender patriarchal) society.” The critical concept of gender dysphoria may become a tool capable of describing the necessary facets of trans experience necessary to form a political coalition. The paper concludes by claiming that trans subjects are the gendered analogue of Marx’s concept of the proletariat. (shrink)

The original book chapter does not have an abstract. However, I have written an abstract for this repository: Religious life encompasses a wide diversity of situations for which the emotional tone is on a continuum from extreme euphoria to extreme dysphoria. In this book chapter, we propose the novel hypothesis that euphoria and dysphoria have distinctly separate functional consequences for religious evolution and survivability. This is due to the differential cognitive states that are created in euphoric and dysphoric (...) situations. Based on readings from religious studies and cognitive psychology, we propose that euphoria in religion is conducive to social bonding and situations needing lateral thinking and creativity; whereas dysphoria in religion is conducive to situations where precision and analogical reasoning are necessary. (shrink)

Dysphoria is a complex phenomenon which must be defi ned in the framework of different forms of affections. It belongs to the broader field of emotions, which are characterized by some essential features: i.e. movement, passiveness, tran-sitoriness, and reference to the others. All these four essential features of emotion are specifi cally altered in depression, whose phenomenology is presented in a clinical case. In discussing dysphoria, a first distinction is made between par-ticular and global affections. The fi rst (...) type encompasses emotions and feelings, while the second one includes humor, mood and temper. Dysphoria belongs to one of these global affective states: the humor, which has to do with the spatial dimension of existence. In dysphoria the patient experiences the world as oppressive and invasive of his/her intimacy; the others are lived as persons demanding answers or actions he/she is not able to fulfill. Finally, the phenomenology of dysphoria is analyzed through the four essential features described above and examples are given. (shrink)

Aus dem Inhalt Vorrede 7 Ontologie der Substanz 12 Die Letztbegründung der Welt 24 Metaphysik und Transzendenz 40 Das Nichts 54 Zur Erkenntnistheorie 65 Möglichkeit und Kausalität 102 Subjekt, Determination, Freiheit 120 Bewusstsein - Unbewusstes 148 Gesellschaft und Sein 157 Versuch über Sartre 165 Philosophie der Geschichte 182 -/- .

In different versions, from Heraclitus to Plato and from Plotinus to the Romantic poets, many thinkers have put forward the idea that the universe has a soul, the so called anima mundi. If the soul of a human being can be thought as the totality of the traits which form character and personality, that of the universe too can be imagined as a complex of distinct traits and dispositions which can be recognised in the phenomenal world. Then, we may (...) ask ourselves:are there events which suggest the idea of the existence of the soul of the world? In what sense do they differ from other events which drift away into nothing? How do they move us? Can they be captured by a photography? I reflect on these questions intertwining philosophy, travel tales, poetry and photography studies. Molti filosofi hanno sostenuto che l’universo ha un’anima, la cosiddetta anima mundi. Di questa idea sono state proposte diverse versioni a partire dalle cosmologie orientali e dal pensiero di Eraclito e Platone. Se l’anima di un essere umano puo' essere pensata come la totalita' dei tratti che formano la sua personalita', allora anche quella dell’universo puo' essere immaginata come un complesso di tratti distintivi e disposizioni rintracciabili nel mondo dei fenomeni. Ci possiamo allora chiedere: quali sono gli eventi che suggeriscono l’esistenza dell’anima del mondo o rivelano alcuni dei suoi tratti? In che senso differiscono da altri eventi che si perdono nel flusso indistinto e ininterrotto del tempo? Come ci emozionano? Possono essere catturati da una fotografia? Sciortino riflette su queste domande intrecciando filosofia, racconto di viaggio, poesia e critica della fotografia. Ne emerge un avvincente racconto, corredato da bellissime fotografie, di come la bellezza raggiunge i nostri cuori, muove la nostra immaginazione e ci rivela l’essenza delle cose. (shrink)

Florence Ashley has argued that requiring patients with gender dysphoria to undergo an assessment and referral from a mental health professional before undergoing hormone replacement therapy is unethical and may represent an unconscious hostility towards transgender people. We respond, first, by showing that Ashley has conflated the self-reporting of symptoms with self-diagnosis, and that this is not consistent with the standard model of informed consent to medical treatment. Second, we note that the model of informed consent involved in cosmetic (...) surgery resembles the model Ashley defends, and that psychological assessment and referral is recognised as an important aspect of such a model. Third, we suggest that the increased prevalence of psychiatric morbidity in the transgender population arguably supports the requirement of assessment and referral from a mental health professional prior to undergoing HRT. (shrink)

In this paper I review how the notion of gender is understood in psychiatry, specifically in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). First, I examine the contraposition between sex and gender, and argue that it is still retained by DSM-5, even though with some caveats. Second, I claim that, even if genderqueer people are not pathologized and gender pluralism is the background assumption, some diagnostic criteria still conceal a residue of gender dualism and (...) essentialism. Third, I consider gender dysphoria, which is characterized by an incongruence between one’s experienced or expressed gender and one’s assigned gender; since this condition pertains to distress and disability, not to the incongruence per se, it does not pathologize transgender people. Still, I contend that it should be removed from DSM-5 for theoretical reasons. (shrink)

In this paper, I examine recent phenomenological research on both depressive and manic episodes, with the intention of showing how phenomenologically oriented studies can help us overcome the apparently paradoxical nature of mixed states. First, I argue that some of the symptoms included in the diagnostic criteria for depressive and manic episodes in the DSM-5 are not actually essential features of these episodes. Second, I reconsider the category of major depressive disorder (MDD) from the perspective of phenomenological psychopathology, arguing that (...) severe depressive episodes should not be characterized by any particular moods (such as sadness, hopelessness, or guilt), and should instead be characterized by a diminished capacity for finding ourselves situated in and attuned to the world at all. In other words, the affective dimension of depression should be characterized as a change in the way we have moods, not as a change from one kind of mood to another. Third, I turn to mania, arguing that manic episodes, taken as the opposite of depressive episodes, should be characterized not by any particular moods (such as euphoria, grandiosity, or even irritability), but should instead be characterized by an enhanced or heightened capacity for finding ourselves situated in and attuned to the world. In other words, the affective dimension of mania, like the affective dimension of depression, should be understood as a change in the way we have moods, not as a change from one kind of mood to another. Fourth, I return to the phenomenon of mixed states and argue that the affective dimension of depression and mania, when conceived along the phenomenological lines I set forth in the previous sections, dissolves the paradox of mixed states by showing that the essential characteristics of depression and mania cannot and do not coincide. Many cases of mixed states are diagnosed because moods that we take to be essential features of either depression or mania arise within the context of what is considered to be the opposite kind of episode (e.g. dysphoria, typically associated with depression, often arises in what is otherwise considered a manic state). However, if we conceive of the affective dimension of depression as a decrease in the degree to which one is situated in and attune to the world through moods, and the affective dimension of mania as an increase in the degree to which one is situated in and attuned to the world through moods, then the particular mood one finds oneself in is simply irrelevant to the diagnosis of either depression or mania. As a result, the manifestation of any particular moods in what otherwise seems to be a pure manic or depressive episode does not constitute a mixed state. (shrink)

That a standard of medical care must outline services that benefit the patient is relatively uncontroversial. However, one must determine how the practices outlined in a medical standard of care should benefit the patient. I will argue that practices outlined in a standard of medical care must not detract from the patient’s well-functioning and that clinicians can refuse to provide services that do. This paper, therefore, will advance the following two claims: (1) a standard of medical care must not cause (...) dysfunction, and (2) if a physician is medically rational to not provide some service which fails to meet the above condition (i.e. fails to be a standard of medical care), then she may refuse to do so. I then apply my thesis to the prescription of puberty blockers to children with gender dysphoria. (shrink)

Talk of gender identity is at the core of heated current philosophical and political debates. Yet, it is unclear what it means to have one. I examine several ways of understanding this concept in light of core aims of trans writers and activists. Most importantly, the concept should make good trans people’s understanding of their own gender identities and help understand why misgendering is a serious harm and why it is permissible to require information about people’s gender identities in public (...) life. I conclude that none of the available accounts meets these essential criteria, on the assumption that the gender norms of femininity and masculinity are unjustified. But we can, and should, pursue the feminist project without “gender identity”. Such feminism can include trans people because it is possible to account for the specific harm of misgendering without assuming a claim to the recognition of our gender identities. I conclude that we should eliminate the concept of “gender identity.” To understand the phenomena that are putatively captured by “gender identity,” we are better off employing other concepts, such as “sexual dysphoria,” (assigned or aspirational) “gender roles,” and (internalised or endorsed) “gender norms”. These concepts can usefully replace “gender identity” in an individual evaluation of each of the trans people’s claims to inclusion into particular spaces. (shrink)

Biological sex should be “acknowledged” and “accepted”—but which responses to gender dysphoria might this preclude? Trans-identified people may factually acknowledge their biological sex and regard transition as purely palliative. While generally some level of self-deception and even a high level of nonlying deception of others are sometimes justified, biological sex is important, and there is a nontrivial onus against even palliative, nonsexually motivated cross-dressing. The onus is higher against co-opting the body, even in a minor and/or reversible way, to (...) make a false communication concerning one’s sex. Hardest to defend is the destruction of sexual–reproductive functions and causally downstream functions such as lactation: due to the transcendent nature of sexual–reproductive functions, an appeal to the “principle of totality” here is misplaced. This is not to say that social, and milder medical, transition is absolutely excluded even for severe unmanageable dysphoria, nor that subsequent to any transition, detransition is necessarily required. (shrink)

Philosophical and empirical research on bodily awareness has mostly focused so far on bodily disorders – such as anorexia nervosa, somatoparaphrenia, or xenomelia (body integrity dysphoria) – and bodily illusions induced in an experimental setting – such as the rubber hand illusion, or the thermal grid illusion. Studying these conditions can be illuminating to investigate a broad range of issues about the nature, function, and etiology of bodily experience. However, a number of psychoactive compounds can also induce a remarkably (...) wide variety of bodily effects that have received little attention despite their relevance to these issues. Some of these effects are similar to those associated with bodily disorders or experimental bodily illusions, while others appear to be unique. The purpose of this chapter is to provide an overview of these lesser known bodily effects of psychoactive compounds, and outline some ways in which they can bear on recent debates regarding bodily awareness and bodily ownership. (shrink)

According to some philosophers, gender is a social role or pattern of behavior in a social context. I argue that these accounts have problematic implications for transgender. I suggest that gender is a complex behavioral disposition, or cluster of dispositions. Furthermore, since gender norms are culturally relative, one’s gender is partially constituted by extrinsic factors. I argue that this has advantages over thinking of gender as behavior, and has the added advantage of accommodating the possibility of an appearance/reality dissonance with (...) respect to one’s gender. (shrink)

Why has modern American conservatism committed itself to gender binaries? Examining why this new categorizing unsettles conservatives (and how they have reacted against teacher unions and transgender influencers), this paper turns to Nietzschean analysis. It finds that the unsettling of heteronormative gender norms resulted in a pivot by conservatism to perpetuate a new gender identity politics in which nonbinary and especially transgender people are scapegoated. Imagining a nihilistic interpretation of gender, conservatives have made “transgender” a signifier of amorality and barbarism, (...) envisioning themselves as warriors of normalcy. Conservative activists have named their frontier “radical gender ideology” while contesting the legitimacy of diagnosed gender dysphoria, revising its pathology, and alleging clinical gender transitioning is a financial ploy. As a result, bodies have become sites of contestation between doctors, trans activists, and groups that advocate against gender-affirming care. This paper traces the conservative movement from resentment to opposition on three fronts – pathology, pronouns, and restrooms. (shrink)

In this paper, the author spells out St. Bonaventure's magisterial teaching on the possibility of an eternal world, found in his 'Commentaria in II Sententiarum', d. 1, p. 1, a. 1, q. 2. The entirety of this 'quaestio' is treated at length in order to delineate its structure and indicate its reliance on both theological and philosophical premises. Hence, the twofold dependency of St. Bonaventure's position on Scripture and on arguments against an actual infinity is made clear. The author concludes (...) with a Thomistic response to the Seraphic Doctor's position, based solely on the Angelic Doctor's late treatise 'De aeternitate mundi', in which St. Thomas endeavors to place the eternal world question on purely philosophical grounds and also doubts the plausibility of arguments against the possiblity of an actual infinity. (shrink)

My concern in this paper is how to reconcile a central tension in Hannah Arendt’s thinking, one that – if left unresolved – may make us reluctant to endorse her political theory. Arendt was profoundly and painfully aware of the horrors of political evil; in fact, she is almost unparalleled in 20 th century thought in her concern for the consequences of mass political violence, the victims of political atrocities, and the most vulnerable in political society – the stateless, the (...) pariahs, the outcasts. At least, this is the case in her discussions of concrete, historical political situations. Yet in her philosophical writings, she continues to argue that the political realm ultimately redeems human existence, and furthermore, that politics should remain distinct and autonomous from moral evaluation. Political action must be evaluated according to “greatness,” not goodness or any other explicitly moral or even ethical standard. She goes so far as to suggest that politics and morality may be deeply hostile to one another, and can only be reconciled in situations of extreme emergency. This can leave many feeling both perplexed and deeply uncomfortable with the theory of human action that Arendt proposes. Drawing on her notions of political conscience, judgment and - in particular - her account of forgiveness, in this paper I argue that Arendt offers an ethics of plurality, in which what is good is developed from what is most politically important: amor mundi, or love of our shared political world. (shrink)

Gender-affirming healthcare interventions are medical or surgical interventions that aim to allow trans and non-binary people to better affirm their gender identity. It has been argued that rights to GAH must be grounded in either a right to be cured of or mitigate an illness—gender dysphoria—or in harm prevention, given the high rates of depression and suicide among trans and non-binary people. However, these grounds of a right to GAH conflict with the prevalent view among theorists, institutions and activists (...) that trans and non-binary people do not have a mental illness and that one can be trans and entitled to GAH without being depressed or suicidal. This paper challenges the orthodoxy that a right to GAH must be grounded in either of these ways and instead argues for a right to GAH grounded in a right to live and act with integrity. The standard view, which this paper explains, is that our rights to live and act with integrity ground a right to religious accommodation in many cases such as a right to not be denied social security due to one’s refusal to work a job on a holy day. This paper argues that if our rights to live and act with integrity can ground prima facie rights to religious accommodation, our rights to live and act with integrity ground prima facie rights to GAH. There are no data in this work. (shrink)

Florence Ashley has responded to our response to ‘Gatekeeping hormone replacement therapy for transgender patients is dehumanising.’ Ashley criticises some of our objections to their view that patients seeking hormone replacement therapy (HRT) for gender dysphoria should not have to undergo a prior psychological assessment. Here we clarify our objections, most importantly that concerning the parity between cosmetic surgery and the sort of intervention Ashley has in mind. Firstly, we show Ashley’s criticism of our comparison is insubstantial. We then (...) examine their comments regarding the analogy between abortion and HRT, and the language of informed consent. We also scrutinize the data upon which Ashley relies to defend the claim that informed consent without assessment always yields positive outcomes, finding this conclusion to be overstated. Finally, even if Ashley’s arguments were vindicated, the claim that the gatekeeping of HRT is motivated by hostility towards transgender people remains unsupported. (shrink)

An examination of Sex and Gender under the most recent scientific discoveries in the areas of neuroscience, endocrinology, biology, psychology, medicine, and linguistics. Presented as part of the Conference "Gender: Ideology or Science?" at the "Accademia Tiberina," Rome, Italy, November 25, 2022.

Ted Sider has shown that my indeterminism argument for comparativist theories of quantity also applies to Mundy's absolutist theory. This is because Mundy's theory posits only "pure" relations, i.e. relations between values of the same quantity (between masses and other masses, or distances and other distances). It is straightforward to solve the problem by positing additional mixed relations.

This Thesis is analyzing the transformation of Kant's argumentation on space from "Von dem ersten Grunde des Unterschiedes der Gegenden im Raume" (1768), "De mundi sensibilis atque intelligibilis forma et principiis" (1770), and "Kritik der reinen Vernunft" (1781/87).

O propósito deste artigo é analisar a expressão que assegura a presença de partes da cosmologia de Empédocles no Ocidente latino nos séculos XII-XIII, qual seja, creatio mundi, esta que é a tradução do termo κοσμοποιία. A análise centra-se, por um lado, em três traduções latinas da Física II, 4, 196a 20-24, de Aristóteles, texto no qual aparece o termo κοσμοποιία e, por outro lado, em partes da obra de Tomás de Aquino na qual o autor discute a cosmologia (...) de Empédocles. Para tanto, o texto é composto de três partes. Na primeira apresento o problema suscitado pela tradução de κοσμοποιία como creatio mundi e como factura mundi respectivamente. Na segunda, por seu turno, exponho os termos que viabilizam uma certa visão de conjunto da cosmologia de Empédocles no século XIII. Enfim, na terceira parte, apresento brevemente o sentido da noção de mundo e sua possível configuração para Empédocles. (shrink)

This study deals with Dominicus Gundissalinus’s discussion on metaphysics as philosophical discipline. Gundissalinus’s translation and re-elaboration of al-Fārābī’s Iḥṣā’ al-ʿulūm furnish him, in the De scientiis, a specific and detailed procedure for metaphysical analysis articulated in two different stages, an ascending and a descending one. This very same procedure is presented by Gundissalinus also in his De divisione philosophiae, where the increased number of sources –in particular, Avicenna– does not prevent Gundissalinus to quote the entire passage on the methods of (...) metaphysical science from the Iḥṣā’ al-ʿulūm, with some slight changes in his Latin translation. The analytical procedure herein proposed becomes an effective ‘metaphysical programme’ with regards to Gundissalinus’s onto-cosmological writing, the De processione mundi. The comparative analysis of this treatise with the procedure received by al-Fārābī shows Gundissalinus’s effort to follow and apply this metaphysical programme to his own reflection, in a whole different context from al-Fārābī’s and presenting doctrines quite opposed to the theoretical ground on which al-Fārābī’s epistemology is based, like ibn Gabirol’s universal hylomorphism. Nevertheless, thanks to the application of the ‘metaphysical programme’, one can effectively claim that Gundissalinus’s metaphysics is, at least in the author’s intentions, a well-defined metaphysical system. In appendix to this article the three Latin versions of al-Fārābī’s discussion on metaphysics are reported, e.g., Gundissalinus’s quotations in De scientiis and De divisione philosophiae, and Gerard of Cremona’s translation in his De scientiis. (shrink)

O presente trabalho pretende delinear a noção de Panpsiquismo no projeto filosófico de Gustav Theodor Fechner, especialmente a partir da análise do livro Über die Seelenfrage, de 1861. Para isso, o artigo repõe em linhas gerais a questão das relações entre seu projeto filosófico e a Psicofísica, uma vez que as interpretações clássicas sobre Fechner geralmente enxergam essas duas competências como separadas. Em segundo lugar, o artigo situa questões históricas sobre Fechner e a Psicologia (e sobre filosofia e ciência), bem (...) como a importância da Naturphilosophie em seu projeto. Finalmente, passa-se à análise dos argumentos de Fechner em defesa do Panpsiquismo e analisam-se novamente as relações entre essa visão e a Psicofísica. *** *** *** *** *** *** *** The present work analyses the concept of Panpsychism considering Gustav Theodor Fechner's philosophical project, especially fo- cusing on his 1861 book Über die Seelenfrage. To accomplish this purpose, the article firstly out- lines the links between his philosophical project and Psychophysics, considering that several classic interpretations of Fechner’s writings often considers these two subjects as separate. Secondly, the article situates some historical questions on Fechner and Psychol- ogy, as well as his perspectives on philosophy and science, and including his interpretation of Naturphilosophie. Finally, the article analyses Fechner’s arguments defending Panpsychism and looks again at the relationships between this view and Psychophysics. (shrink)

Philosophy in the West divides into three parts: Analytic Philosophy (AP), Continental Philosophy (CP), and History of Philosophy (HP). But all three parts are in a bad way. AP is sceptical about the claim that philosophy can be a science, and hence is uninterested in the real world. CP is never pursued in a properly theoretical way, and its practice is tailor-made for particular political and ethical conclusions. HP is mostly developed on a regionalist basis: what is studied is determined (...) by the nation or culture to which a philosopher belongs, rather than by the objective value of that philosopher’s work. Progress in philosophy can only be attained by avoiding these pitfalls. (shrink)

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

Herein, I review the moment in my life when I awoke from the dream of self to find being as part of the living world. It was a sudden, momentous event that is difficult to explain since transcending the self ultimately requires transcending the language structures of which the self consists. Since awakening to the world took place beyond the enclosure of self-speech, it also took place outside our symbolic construction of time. It is strange to place this event and (...) its aftermath as happening long ago in my lifetime, for it is forever present; it surrounds me all the time just as the world seems to do. This fact puts into question the reality of my daily journey from dawn to dusk with all the mundane tasks I must complete (like writing of that which cannot be captured in writing). My linear march to aging and death inexorably continues, yet it seems somehow unreal, the biggest joke of all. Still, I here review the events leading up to my time out of mind and then review the serious repercussions when I was drawn back into the ego-self only to find I did not have the conceptual tools or the maturity to understand what had happened. (shrink)

How one transcends the self depends on the self that experiences it. Is it instigated or sought, does it happen by accident, or by an act of Grace? Is it common or rare? Is it brought on by the ingestion of psychedelic agents or by meditation or by being overcome by fear or merely by caring more about the welfare of others than oneself? Is it transcendence to experience a shift of perspective or dissolution of the self? In the pages (...) that follow, each of these paths is explored in nine ways, each unique unto itself. None of them deal with absolute self-transcendence, which should be no surprise, for, as I’ve indicated, there would no longer a self or person to record or communicate the event. Many of them deal the transcendence of self-consciousness, my own included, but only two describe the ingestion of mind-altering psychedelics to catalyze the event. One sees self-construction from the ground-up, as it were, as a form of transcending a previous self that has disintegrated. One looks to acts of kindness to sidestep the illusion of self-consciousness. Two, at least, look to creative experience in the arts as a way to connect with universal spontaneity, but in very different ways. The others refer to what might be called spiritual experiences that, though thirsted for or sought, arrive unexpectedly, almost like a gift. (shrink)

This review essay introduces Brian Treanor’s Melancholic Joy in dialogue with themes in Nietzsche’s thought. The book invites this comparison in its penultimate section, which distinguishes briefly its own account from the tenets of Dionysiac pessimism. Finding that section fertile, but tantalizingly short, I parse in greater detail relevant points of convergence and divergence. The first section, “After Nietzsche,” follows Nietzsche’s development out of the first naïveté of ascetic idealism and into the wanderer’s night of biting suspicion. It likens Nietzsche’s (...) leonine eschewal of metaphysics and morals to Treanor’s sober engagement with the fruits of the physics and philosophy that have ripened in between. The second section, “Second Innocence,” contrasts Nietzsche’s vision of childlike innocence after nihilism, a renaissance beyond good and evil, with Treanor’s vital response to an updated nihilism: a love of world that refuses to deny the many realities of evil, and that responds by embracing the many mundane realities of joy. (shrink)