Criticism and recommendations are very much welcome. Please don't hesitate to contact me with them. -/- .

Nie Bao 聶豹 (1487–1563) was a Neo-Confucian philosopher and scholar-official of sixteenthcentury Ming China. In his Ming ru xue an 明儒學案 (Case studies of Ming Confucians), Huang Zongxi 黃宗羲 placed him in the Jiangxi (Jiangyou 江右) group of Wang Yangming followers. Nie Bao met the influential founder of the Ming School of Mind in 1526 and was inspired by his teaching of the innate knowing (liangzhi 良知). However, he differed from other followers in his quietist approach to realizing and extending (...) this knowledge. While developing his ideas over the course of two decades, as a holder of the highest civil service examination degree, Nie Bao also held a series of impactful official positions, and earned a reputation for effectiveness and integrity. However, he was also the unwitting victim of factionalism at the Ming court, which led to his imprisonment in 1548. The goal of this article is to provide a sketch of Nie Bao’s political trajectory and intellectual development from his early years until his imprisonment, as well as translation of significant passages pertaining to that trajectory and development. By the time of his imprisonment, Nie Bao had articulated the essential elements of his philosophy of returning to the root (by which he meant silence), and attaining centeredness and, with that, his unique interpretation of his teacher’s central tenet. (shrink)

Wang Yangming (1472-1529) and his School of Mind dominated the intellectual world of sixteenth-century Ming China (1368-1644), and his Confucian philosophy has since remained an essential component of East Asian philosophical discourse. Yet, the volume of publications on him in the Western-language literature has consistently paled in comparison to the volume of scholarship on classical Chinese philosophy, modern Chinese philosophy, Buddhism, and Daoism. Studying Wang Yangming: History of a Sinological Field explains the history of writing in the West about the (...) famed Ming dynasty scholar-official. From eighteenth-century French Jesuit books to English-language publications in 2020, this book provides a historical overview and summary of a literature published by scholars attempting to grapple with one of the most influential Confucians in the history of China, East Asia, and the world. (shrink)

Draft Chapter for Chinese Philosophy and Its Thinkers: From Ancient Times to the Present Day .

After being recalled to Beijing in 1510 for evaluation and reassignment in the wake of his two-year exile to Guizhou and his period of service as a magistrate, Wang Yangming was assigned to a succession of posts at the capital that kept him there through 1512. During that short time, he remained disillusioned with the Ming court and high politics and chose to put his energies into fostering a philosophical movement. He believed that by restoring the “way of master-disciple relations (...) and friendship,” he could help propagate the learning of the sages. To that end, he held jiangxue gatherings with colleagues and friends and carried on an active correspondence. In those venues, Wang Yangming engaged others with his ideas about the goal of sagehood, the obstacles to attaining it, and the methods for overcoming those obstacles. The following article reconstructs this critical period in Wang Yangming's philosophical development and the intellectual movement he sought to foster, as well as the status of his philosophy as of this point in time. -/- . (shrink)

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

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

In our recent article, together with more than 60 of our colleagues, we outlined a proposal for drug policy reform consisting of four specific yet interrelated strategies: (1) de jure decriminalization of all psychoactive substances currently deemed illicit for personal use or possession (so-called “recreational” drugs), accompanied by harm reduction policies and initiatives akin to the Portugal model; (2) expunging criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs (and releasing those serving (...) time for these offenses), while delivering retroactive ameliorative relief; (3) the ultimate legalization and careful regulation of currently illicit drugs; and (4) the delivery of a new “Marshall Plan” focused on community-building initiatives, expanded harm reduction programs, and social and health care support efforts (Earp et al. 2021). We were gratified to see so many thoughtful commentaries on our proposal, and we respond to them in part in this reply. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Der erste amerikanische Krieg von 1991 gegen Saddam Hussein war moralisch falsch. Man muss kein radikaler Pazifist sein, um zu diesem Urteil zu kommen, denn dies Urteil ergibt sich auch dann, wenn man die drei Kriegsziele ernst und beim Wort nimmt, die George Bush zur Rechtfertigung des Kriegs angeführt hat. In der Tat sind es auf den ersten Blick löbliche Ziele, Kuwait von der Besatzung durch irakische Truppen zu befreien, Saddam Husseins Militärmacht einzudämmen und für eine gerechte Weltordnung zu (...) kämpfen. Doch wenn man die Opfer in den Blick nimmt, die der Krieg kostet, ändert sich das Bild – die Kriegsopfer wiegen schwerer als der erhoffte Vorteil des Kriegs, und also war der Krieg moralisch unverantwortlich. (shrink)

The paper is written in response to those who fail to recognize the relation between a patient's mental competency and her state of pain. Some clinicians claim that a proper diagnosis can only be made in the absent of analgesia. Rather, the patient's state of pain directly affects her mental competency and thus her ability to give valid consent. Clinicians should rethink their approach to diagnosis when the patient is in pain.

We investigate an enrichment of the propositional modal language L with a "universal" modality ■ having semantics x ⊧ ■φ iff ∀y(y ⊧ φ), and a countable set of "names" - a special kind of propositional variables ranging over singleton sets of worlds. The obtained language ℒ $_{c}$ proves to have a great expressive power. It is equivalent with respect to modal definability to another enrichment ℒ(⍯) of ℒ, where ⍯ is an additional modality with the semantics x ⊧ ⍯φ (...) iff Vy(y ≠ x → y ⊧ φ). Model-theoretic characterizations of modal definability in these languages are obtained. Further we consider deductive systems in ℒ $_{c}$ . Strong completeness of the normal ℒ $_{c}$ logics is proved with respect to models in which all worlds are named. Every ℒ $_{c}$ -logic axiomatized by formulae containing only names (but not propositional variables) is proved to be strongly frame-complete. Problems concerning transfer of properties ([in]completeness, filtration, finite model property etc.) from ℒ to ℒ $_{c}$ are discussed. Finally, further perspectives for names in multimodal environment are briefly sketched. (shrink)

Contrairement à une tendance majoritaire de l’exégèse du vocabulaire de la douleur dans le Corpus hippocratique (CH), qui le réduit à trois familles de mots et qui conçoit la douleur chez les médecins hippocratiques comme un phénomène exclusivement physique, nous avons des raisons de penser qu’on peut trouver plusieurs manières de signifier la douleur dans le CH et que les médecins hippocratiques ont thématisé des éléments émotionnels dans leurs diagnostics de la douleur.

Semiotics has been making progressively inroads into marketing research over the past thirty years. Despite the amply demonstrated conceptual appeal and empirical pertinence of semiotic perspectives in various marketing research streams, spanning consumer research, brand communications, branding and consumer cultural studies, there has been a marked deficit in terms of consolidating semiotic brand-related research under a coherent disciplinary umbrella with identifiable boundaries and research agenda. -/- The Handbook of Brand Semiotics furnishes a compass for the perplexed, a set of anchors (...) for the inquisitive and a solid corpus for scholars, while highlighting the conceptual richness and methodological diversity of semiotic perspectives. -/- Written by a team of expert scholars in various semiotics and branding related fields, such as John A. Bateman, David Machin, Xavier Ruiz Collantes, Kay L. O’Halloran, Dario Mangano, George Rossolatos, Merce Oliva, Per Ledin, Gianfranco Marrone, Francesco Mangiapane, Jennie Mazur, Carlos Scolari, Ilaria Ventura, and edited by George Rossolatos, Chief Editor of the International Journal of Marketing Semiotics, the Handbook is intended as a point of reference for researchers who wish to enter the ‘House of Brand Semiotics’ and explore its marvels. -/- The Handbook of Brand Semiotics, actively geared towards an inter-disciplinary dialogue between perspectives from marketing and semiotics, features the state-of-the-art, but also offers directions for future research in key streams, such as: -/- · Analyzing and designing brand language across media · Brand image, brand symbols, brand icons vs. iconicity · The contribution of semiotics to transmedia storytelling · Narrativity and rhetorical approaches to branding · Semiotic roadmap for designing brand identity · Semiotic roadmap for designing logos and packaging · Sociosemiotic accounts of building brand identity online · Multimodality and Multimodal critical discourse analysis · Challenging the omnipotence of cognitivism in brand- related research · Semiotics and (inter)cultural branding · Brand equity semiotics Comparative readings of structuralist, Peircean and sociosemiotic approaches to brandcomms . (shrink)

H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

Ich möchte philosophische Ideen von Hilary Putnam, Crispin Wright, Donald Davidson und George Eduard Moore zusammenbringen, um hieb- und stichfest zu beweisen, dass die beste skeptische Hypothese (gegen unser Wissen um die Beschaffenheit der Aussenwelt) nicht zutreffen kann. Putnams Externalismus, Wrights zusätzlicher Appell an Disquotationsprinzipien, Davidsons wahrheitskonditionale Semantik und Moores Verweis auf seine eigenen Hände lassen sich zu einem vierzeiligen Beweis verschmelzen, dessen Konklusion besagt, dass wir nicht von Anbeginn Gehirne im Tank sein können.

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and (...) determinate rule application. Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

George Berkeley's linguistic account of sense perception is one of the most central tenets of his philosophy. It is intended as a solution to a wide range of critical issues in both metaphysics and theology. However, it is not clear from Berkeley's writings just how this ‘universal language of the Author of Nature’ is to be interpreted. This paper discusses the nature of the theory of sense perception as language, together with its metaphysical and theological motivations, then proceeds to (...) develop an account of the semantics of the perceptual language, using Berkeley's theory of reference for human language as a guide. (shrink)

Berkeley's main aim in his well-known early works was to identify and refute "the grounds of Scepticism, Atheism, and irreligion." This appears to place Berkeley within a well-established tradition of religious critics of Locke's epistemology, including, most famously, Stillingfleet. I argue that these appearances are deceiving. Berkeley is, in fact, in important respects an opponent of this tradition. According to Berkeley, Locke's earlier critics, including Stillingfleet, had misidentified the grounds of irreligion in Locke's philosophy while all the while endorsing the (...) true grounds of irreligion themselves. Locke's epistemology is innocent; matter and abstraction are to blame. (shrink)

l'occasion de son passage à Lisbonne, à la Fondation Calouste Gulbenkian, pour la conférence "Peuples Exposés", intégrée dans le cycle de conférences A Républica por vir – arte, política e pensamento para o século XXI 1 (La République à venir – art, politique et pensée pour le XXIème siècle), nous avons rencontré Georges Didi-Huberman pour l'entretien qui suit, autour de son livre Remontages du temps Subi. L'oeil de l'histoire, 2 (Éditions de Minuit, 2010).

Critics of Dewey’s metaphysics point to his dismissal of any philosophy which locates ideals in a realm beyond experience. However, Dewey’s sustained critique of dualistic philosophies is but a first step in his reconstruction and recovery of the function of the metaphysical. Detaching the discussion of values from inquiry, whether scientific, philosophical or educational, produces the same end as relegating values to a transcendent realm that is beyond ordinary human discourse. Dewey’s naturalistic metaphysics supports his progressive educational philosophy. The duty (...) of education is grounded in its service to democracy; it must help students develop the ability to express, discuss, and develop their moral reasoning through experiential and experimental learning. (shrink)

In its reaction on the terroristic attacks of September 9th, 2001, the US-government threatened Afghanistan's Taleban with war in order to force them to extradite terrorist leader Bin Laden; the Taleban said that they would not surrender to this kind of blackmail – and so, they were removed from Kabul by means of military force. The rivalling versions of this story depend crucially on notions such as "terrorism" and "blackmail". Obviously you'll gain public support for your preferrend version of the (...) story if you are able to determine how those notions are to be used. So we had better reflect about their very meaning and about the moral implications of their proper usage. To gain a deeper understanding of our notions of "blackmail" and "terrorism" I shall propose an extreme thought experiment: Cassandra's plan. Cassandra foresees that sooner or later one of the nuclear powers might take the liberty to use atomic bombs. From fright she founds an NGO for blackmailing the statesmen who are in charge of nuclear weapons; she announces in public that all ministers and leaders of any government shall be hunted down, and executed, whose soldiers drop but one atomic bomb. (Cassandra's NGO keeps killer teams in constant training so as to increase the effect of the threat; this is being financiated from private donations). In my paper I shall raise two questions (without claiming to provide definite answers). First, would we have to say that Cassandra's NGO was a terrorist organisation? Second, would it be morally wrong if Cassandra blackmailed statesmen in the way indicated? (shrink)

RÉSUMÉ: Cette dissertation met en relief quelques-unes des incidences majeures de l’herméneutique philosophique de Hans-Georg Gadamer sur la manière dont la théologie contemporaine se définit comme discipline. Après avoir éclairé la philosophie gadamérienne à la lumière de sa filiation avec Wilhelm Dilthey, Edmund Husserl et Martin Heidegger, je propose une étude des principales thèses herméneutiques de Gadamer en prenant comme fil conducteur la question de la nature de la vérité herméneutique. Suit une analyse détaillée des considérations gadamériennes de l’herméneutique théologique (...) proprement dite. Contre une lecture qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre œuvre philosophique, je soutiens la thèse de leur foncière cohérence. Je formule enfin, dans une visée prospective, quelques questions fondamentales à partir desquelles se dégagent des idées directrices pour la compréhension de soi de la théologie. ABSTRACT: This dissertation brings to attention some of the major effects of Hans-Georg Gadamer’s philosophical hermeneutics on the way contemporary theology as a discipline defines itself. After having introduced Gadamer’s philosophy in light of its filiation to Wilhelm Dilthey, Edmund Husserl and Martin Heidegger, I propose a study of his main hermeneutical theses, following the lead of the question of the nature of hermeneutical truth. Then comes a detailed analysis of Gadamer’s reflections on theological hermeneutics proper. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work I defend the thesis of their fundamental coherence. In a prospective intention I finally set out key questions that bring out guiding ideas for theology’s self-understanding. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or (...) entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

RÉSUMÉ: Cet article propose une analyse détaillée des considérations de Hans-Georg Gadamer sur l’herméneutique théologique proprement dite. Pensée dans et pour la foi chrétienne, la conception de l’herméneutique théologique qu’il met en avant se veut essentiellement une herméneutique du texte biblique. Les réflexions de Gadamer sur ce thème nous conduisent cependant tout droit dans sa théorie de la littérature. La question directrice devient celle de la nature du texte religieux (entendons : du texte biblique, reçu en son unité canonique) en (...) tant que texte éminent, dont la structure singulière est mise en relief au moyen d’une éclairante comparaison avec les textes poétique, philosophie et juridique. L’Écriture, en tant qu’elle répond à la structure textuelle de la promesse, exige du lecteur une forme particulière d’appropriation qui trouve sa réalisation exemplaire dans la prédication. Toutefois, contre une lecture (Ommen, Eberhard, etc.) qui insiste sur la discontinuité de l’herméneutique théologique de Gadamer avec sa propre oeuvre philosophique, je soutiens la thèse de leur foncière cohérence. ABSTRACT: This paper offers a detailed analysis of Hans-Georg Gadamer’s considerations on theological hermeneutics proper. Thought within and for the Christian faith, the conception of theological hermeneutics he puts forward is mainly understood as a hermeneutics of the biblical text. However, Gadamer’s reflections on this theme bring us straight to his theory of literature. The guiding question becomes that about the nature of the religious text (meaning : the biblical text, received in its canonical unity) as eminent text, which peculiar structure is thrown into relief through an enlightening comparison with the poetical, the philosophical and the legal text. The Scripture, in that it has the textual structure of a promise, requires from the reader a particular form of appropriation, which finds its exemplary fulfillment in preaching. Against a reading that emphasizes discontinuity between Gadamer’s theological hermeneutics and his own philosophical work (Ommen, Eberhard, etc.) I defend the thesis of their fundamental coherence. (shrink)

In this brief introduction, I shall rather reflect, from a biographer’s viewpoint, on the significance of Discretion for our understanding of the trajectory of Hart’s ideas and on the significance of his year at Harvard. I shall then move on to consider the intriguing question of why Hart did not subsequently publish or build on some of the key insights in the paper itself. Here I highlight the fact that, almost uniquely in Hart’s work, Discretion features a (...) notable emphasis on the significance of institutional factors in our understanding of the nature of legal decisionmaking; and I argue that Hart’s failure fully to develop this insight in the essay, or to build on it in his subsequent work, derives from the fact that such a development would have necessitated a diversion from the philosophical issues that were his core intellectual concern, and moreover would have presented certain dangers to his conception of legal positivism. I shall conclude by considering what contribution the essay makes to our overall interpretation and evaluation of Hart’s legal philosophy. (shrink)

The law presents itself as a body of meaning, open to discovery, interpretation, application, criticism, development and change. But what sort of meaning does the law possess? Legal theory provides three sorts of answers. The first portrays the law as a mode of communication through which law-makers convey certain standards or norms to the larger community. The law's meaning is that imparted by its authors. On this view, law is a vehicle, conveying a message from a speaker to an intended (...) audience. The second theory portrays the law as a mode of interpretation, whereby judges, officials, and ordinary citizens make decisions about how the law applies in various practical contexts. The law's meaning is that furnished by its interpreters. According to this theory, law is a receptacle into which decision-makers pour meaning. The third viewpoint argues that these theories, while not altogether wrong, are incomplete because they downplay or ignore the autonomous meaning that the law itself possesses. This theory suggests that the law is basically a mode of participation, whereby legislators, judges, officials, and ordinary people attune themselves to an autonomous field of legal meaning. The law's meaning is grounded in a body of social practice which is independent of both the law's authors and its interpreters and which is infused with basic values and principles that transcend the practice. On this view, law is the emblem of meaning that lies beyond it. -/- Elements of all three theories are present in H.L.A. Hart's influential work, The Concept of Law, which attempts to fuse them into a single, all-encompassing theory. Nevertheless, as we will argue here, the attempt is not successful. Any true reconciliation of the communication and interpretation theories can only take place within the framework of a fully developed participation theory. In the early stages of his work, Hart lays the foundation for such a theory. However, his failure to elaborate it in a thoroughgoing way renders the work incomplete and ultimately unbalanced. As we will see, there is something to be learned from this failure. (shrink)

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

Que les récits utopiques et contre-utopiques sont-ils censés nous apprendre que nous ne sachions déjà – que l'état du monde pourrait être meilleur, ou pire, qu'il n'est ? Qu'ont-ils à nous dire de la sanction pénale, comme concept et comme pratique, et que celle-ci nous apprend-elle en retour des limites de l'utopie comme récit et comme discours ? En mettant l'accent sur les références explicites, dans 1984, à la suppression systématique de tout ce qui pourrait ressembler à une règle, et (...) en resituant le roman dans le contexte social et colonial de l'expérience orwellienne de l'injustice pénale, cet article montre que les lectures d'Orwell inspirées de Rorty, Foucault et Deleuze, et centrées sur les notions de pouvoir, de discipline et de contrôle, manquent en partie leur objet. Ni simple « satire », ni « prophétie », ni « expérience de pensée », 1984 exprime la grammaire profonde de notre conception libérale du droit pénal, comme le dirait Wittgenstein. S'il n'est jamais question pour Orwell de dénoncer l'utopie comme intrinsèquement dangereuse, 1984 révèle toutefois qu'il est impossible d'en saisir l'élément de perfection par le droit. En ce sens, la « dernière utopie » des droits humains (S. Moyn) n'en est pas une. --- What are we supposed to learn from utopian/dystopian fiction – beyond the obvious fact that the state of the world could be better, or worse ? What can these fables tell us about criminal penalty as a concept and as practice ? Conversely, what can punishment tell us of the limits of utopia as a tale and as discourse ? By stressing 1984's explicit references to the meticulous elimination of anything vaguely resembling a rule, while putting the novel in the perspective of Orwell's social and colonial experience of penal injustice, this paper shows that interpretations of Orwell inspired by the likes of Rorty, Foucault or Deleuze, which are grounded on power, discipline or control, somehow miss their target. No mere “satire” nor “prophecy”, nor even “thought experiment”, 1984 expresses the deep-seated grammar of our liberal conception of penal law, as Wittgenstein would put it. While Orwell aims in no way to dismiss utopia as intrinsically dangerous, 1984 however shows that the element of perfection it contains cannot be grasped by law. In this respect, the “Last Utopia” of human rights (S. Moyn) is certainly not one. (shrink)

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, (...) Liberty and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal statements (...) theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

L'objectiu d'aquest article és oferir un anàlisi dels arguments principals del Tractat sobre els Principis del Coneixement Humà, de G. Berkeley. Aquests arguments -que es troben a I, §4, I, §5-7 i I, §23 de l'obra de Berkeley- tenen como a objectiu demostrar la inconcebibilitat d'un món extern de caràcter físic. Argumentaré que la validesa d'aquests tres arguments depèn del anomenat «principi de semblança». La conclusió a la que arribaré és que l'acceptació del principi de semblança -i, en conseqüència, dels (...) arguments que d'ell en depenen- es problemàtica, però que, en qualsevol cas, el principi es manté com a una bona crítica reductiva al materialisme representacionalista de John Locke, en tant que aquest no pot negar les premisses que duen a la seva justificació i que la seva defensa contra dit principi presenta un seguit de problemes als quals sembla no haver-hi resposta. (shrink)

Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une approche (...) tournée vers la pratique pourrait, de cette façon, conduire à une théorie du droit plus ouverte et, d’une certaine façon, moins idéologique ou sectaire. C’est – comme le défend cet article – le programme ou mieux la promesse que l’on trouve dans l’ouvrage principal de Hart, le Concept de droit. Cet article tente de rendre cette promesse plus transparente sans toutefois dissimuler les difficultés de sa stratégie narrative et argumentative. (shrink)

This article proposes the comparison of two methods of analysis, semiotics, and hermeneutics, to address contemporary issues in ethical and political philosophy, through the study of the phenomenon of epistemic injustice. Conceptualized by Fricker (2007), epistemic injustice is synonymous with the denial of the value of knowledge that an individual possesses because of prejudices about the social group to which he or she belongs or is affiliated. When epistemic injustice is studied in the empirical world, it poses some crucial issues (...) in terms of interpreting the meaning that the individual gives to the experience of injustice that he or she experiences. Although the interpretation of injustice is central to the understanding of the phenomenon itself, little research in ethical and political philosophy addresses these aspects, because of the failure to sufficiently mobilize analytical methods such as semiotics and hermeneutics. However, these two methods, usually used in other fields to deal with these aspects, allow us to question the treatment and the interpretative scope of the epistemic injustice by the different interlocutors involved in the interaction in which it is reconducted. The comparison of these two methods in the analysis of epistemic injustice finally allows us to argue in favor of the hermeneutic method, as defined by Gadamer and rethought by Code (2003), to enhance Gadamer's legacy through the analysis of ethical and political issues in human sciences research. (shrink)

The current image of Georg Lukács (1885-1971) is widely swayed by an interpretative standard grounded on a deep partition between his young (1910-1918),intermediate (1918-1930) and mature (1930-1971) intellectual production. Despite rejecting an undeniable discontinuity in Lukács’ philosophical evolution,especially between his pre-Marxist works (The Soul and the Forms and Theory of Romance) and the post-1918 Marxist production, I aim for a global reconsideration of Lukács’ philosophy, evaluating a greater unity in his thought. A reflection on ethical problems, specifically on the matter (...) of responsibility, emerges – and not by chance – during different turning points of Lukács’ personal life. On the poverty of Spirit (1913), Tactic and Ethic (1918) and The social responsibility of the philosopher (1960 ca.) are the three essays in which Lukács attempts in different ways to give a philosophical legitimation of some decisive biographical choices, such as his separation from Irma Seidler (1911), his adhesion to the Communist Party (1918) and his acceptance of Socialism, even after the dramatic events of Budapest in 1956. A more unitary consideration of Lukács’ thought could be reached only through a deeper reflection on the content of the ethical problem of responsibility in his thinking. Despite their differences, the essays mentioned above are united in terms of the meaning of a true responsibility,which Lukács conceives always in a direct connection – maybe in an excessively binding way ‒ between individual choice and the course of history. (shrink)

Common sense is on the one hand a certain set of processes of natural cognition – of speaking, reasoning, seeing, and so on. On the other hand common sense is a system of beliefs (of folk physics, folk psychology and so on). Over against both of these is the world of common sense, the world of objects to which the processes of natural cognition and the corresponding belief-contents standardly relate. What are the structures of this world? How does the scientific (...) treatment of this world relate to traditional and contemporary metaphysics and formal ontology? Can we embrace a thesis of common-sense realism to the effect that the world of common sense exists uniquely? Or must we adopt instead a position of cultural relativism which would assign distinct worlds of common sense to each group and epoch? The present paper draws on recent work in computer science (especially in the fields of naive and qualitative physics), in perceptual and developmental psychology, and in cognitive anthropology, in order to consider in a new light these and related questions and to draw conclusions for the methodology and philosophical foundations of the cognitive sciences. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

"Lukács 1933-1942. Irrationalism in the Age of Fascism". This essay reconstructs the philosophical and historiographical premises to Georg Lukács’ research on irrationalism conducted during the period of Nazi rule in Germany. To this end, the Author focuses chiefly on two posthumous works: How Did Fascist Philosophy Arise in Germany? (1933) and How Did Germany Become the Centre of reactionary Ideology? (1941-1942). After a brief historical contextualization, the Author illustrates the main purpose of these texts: to free German philosophy and culture (...) between the XIX and XX century from those irrationalistic elements asserted and nourished by Fascist philosophy. He then analyzes Lukács’ concept of reason in its three fundamental aspects, namely the methodological link with Marx’s historical image of the political development of Europe during the XIX century, the theoretical debt to Hegel’s critique of immediacy and the connection with some ethical points already discussed during the Goethezeit. (shrink)

Three years before the publication of L'Erotisme of George Bataille (1957), the bogotanian thinkerNicolas Gomez Davila, at instances of his brother, published his first work with the succinct and modest title ofNotes (1954). Two different philosophical traditions meet in the study of the same topic, showing that flesh, skin,sensuality, pleasure and other related themes connect each other with all dimensions of human life, and that no onereflect, in an honest and serious way about it, may relegate them or hide (...) them behind the folding screen of taboo.More than an erudition work, this will be the pretext to recognize the great input of them both to the history of theideas about the problem of eroticism. (shrink)

The last ten to fifteen years have seen the publication of numerous books and articles considering the relation between images and politics. The reasons for this development are obvious: footage of the World Trade Center attacks and photos from Abu Ghraib and Guantanamo (to give just a few examples) have clearly demonstrated that images not only respond to political events, but also play an important part in shaping them. Images have therefore been blamed for their complicity in these events (in (...) ways that literature and music, for instance, have not), and these accusations have prompted artists, philosophers and theoreticians to investigate how images can also be used to think critically about political events. This text examines two quite different, though not opposed, explorations of this last question: Georges Didi-Huberman’s 'Quand les images prennent position' (2009) — the first volume in a book series entitled 'L’Œil de l’histoire' — and Judith Butler’s 'Frames of War' (2009). In addition to these, a number of Jacques Rancière’s recent writings will be included in the discussion. (shrink)

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in (...) a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)