This essay explores the indispensable role of silence in the construction of meaning within language, arguing that silence is not just an absence of sound but a presence that shapes and defines communication. Drawing upon Jacques Derrida's concept of différance, the essay examines how silence functions as a foundational element that allows for the deferral and differentiation of meaning. Through a detailed analysis of silence in both spoken and written language, the essay demonstrates that silence is essential for structuring (...) language, creating space for reflection, and enabling the depth and nuance that language requires to convey complex ideas. The paradox of silence as both a presence and an absence is explored, showing how silence operates as a vital force in the ongoing process of meaning-making. By integrating Derrida’s philosophical insights with empirical observations on the role of silence, the essay provides a comprehensive understanding of silence as a key component of language, one that is crucial for communication, understanding, and the expression of being. (shrink)

The choice of this topic is a curious one, perhaps, for art seems to be such a personal creation that even its appreciation may be relative and most of the time considered as subjective or reliant on impressions. Whether this idea is rightfully founded or not is reviewed in this paper: Is art’s meaning simply an impression? Does it come to exist merely because of whims and ecstasies? Is the experience of art such that it cannot but be dominated by (...) personal ideas? In answering these questions, I present a synthesis of some of the works of Jacques Maritain (1882–1973), a Thomist who has important insights concerning aesthetic experience. -/- Since the experience of art starts from its causes to the work’s appreciation by other people, the progression of this discussion is presented as follows: first, the concept of inspiration, to which artists usually attribute their creations, is assessed; then the aesthetic experience is reviewed to understand art’s qualities; and finally, the purpose and meaning of the artwork are examined. (shrink)

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant (...) by the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

Resumen: Siguiendo el hilo conductor de la pregunta sobre cómo se nos puede conceder un acceso a la poesía de Paul Celan, el artículo discute dos enfoques diferentes: por un lado, el de la experiencia hermenéutica de Hans-Georg Gadamer; por otro, el de la experiencia diseminal de Jacques Derrida. La intención de la confrontación de las posiciones opuestas respecto a la poesía de Celan no es ni examinar los supuestos y preposiciones de ambas posiciones ni impugnar la legitimidad de (...) una de ellas desde el punto de vista de la otra, sino establecer y evocar el sentido de la disensión, la significación del discernimiento entre ellas y, así, abrir un campo de posibilidad para ambas, para una hermenéutica y para una deconstrucción hoy; y a través de ello también, y sobre todo, un lugar y un tiempo para el poema de Celan, la posibilidad de escucharlo y oírlo, de convertirse en destinatario de su voz inter-(a)pelativa. Palabras clave “Du liegst”; Lenguaje hermético; Comprensión; H.G. Gadamer; J. Derrida // The Secret of the Encounter. Paul Celan’s Poetry between Hermeneutics and DeconstructionAbstract Following the guiding line of the question how an access to Paul Celan’s po-etry can be granted to us, the article discusses two different approaches: on the one hand, the hermeneutic experience of Hans-Georg Gadamer; on the other hand, the disseminating experience of Jacques Derrida. The intention of the confrontation of the opposing positions regarding Celan’s poetry is nei-ther to examine the suppositions and prepositions of both positions nor to contest the legitimacy of either of them from the viewpoint of the other, but rather to establish and evoke the sense of the dissention, the signification of the discernment between them and, thus, open up the field of possibility for both, for a hermeneutics and for a deconstruction today, and through it also, above all, a place and a time for Celan’s poem, the possibility to listen to it and to hear it, to become the addressee of its inter-(a)pellative voice. Keywords “Du liegst”; Hermetic language; Understanding; H.G. Gadamer; J. Derrida. -/- Este artículo fue traducido al español por Facundo Bey. (shrink)

The task of this dissertation is to explore in detail and on behalf of certain historical examples, Hegel's famous and haunting words about art as a thing of the past. In accordance with Hegel, I argue that a philosophical approach is indeed necessary in order to critically account for the work of Yves Klein and Joseph Beuys, two of the most important European artists around the nineteen sixties, the decade that admittedly hosted the latest art movements. In contrast to Hegel, (...) I claim that art is not a thing of the past. For, an extended concept of art, going at least back to the ancient Greek t3&d12;cn h , techne, gained prominence in the work of two major European twentieth century philosophers, Martin Heidegger and Jacques Derrida. The European artistic heritage, an important part of which was formed by the legacies of Klein and Beuys, engages us today to a reconsideration of Heidegger's and Derrida's writings with the question of art in mind. The example of these thinkers demonstrates that, in the era of absolute spirit, philosophy itself is radically transformed to a less exclusively defined practice, akin, from many points of view, to literature and poetic diction. Thinking of art and philosophy in the limits of what their conceptual designations have traditionally specified, can creatively reform our understanding of them, of their role and of their close relation, while revealing their pertinence to our times. (shrink)

It is widely held that assertions are partially governed by an epistemic norm. But what is the epistemic condition set out in the norm? Is it knowledge, truth, belief, or something else? In this paper, I defend a view similar to that of Stanley (2008), according to which the relevant epistemic condition is epistemic certainty, where epistemic certainty (but not knowledge) is context-sensitive. I start by distinguishing epistemic certainty, subjective certainty, and knowledge. Then, I explain why it's much more plausible (...) to think that "certain", rather than "know", is context-sensitive. After that, I respond to an important worry raised by Pritchard, according to which the proposed view is too strong to accommodate our current practice of assertion. I then show that the main linguistic and conversational data advanced in the recent literature in favour of the knowledge condition are best explained by the certainty view. Finally, I offer two principled considerations: the certainty view is the only one compatible with three independently plausible claims and it fits very well with the common thought that knowledge does not entail certainty. (shrink)

Both Philip and Andrew are philosophy students whose interests converge around the philosophy of technology broadly understood. Philip's interest is specifically aimed toward the ethics of Transhumanism and depictions of Transhumanism in works of fiction. On the other hand, Andrew finds himself more focused on religious behavior in the technological world. While the two perspectives might not seem that close, there is certain to be an overlap in Andrew and Philip's shared understanding of how technological phenomena play a crucial role (...) concerning religion and society. (shrink)

This chapter engages with Roger Cotterrell's characterisation of the trust as 'ideological.' However, rather than agreeing with Cotterrell that the trust disguises the true ownership of the beneficiary, it shows that the family trust subverts this idea of a one-sided ownership relation altogether by effecting a reversal in the hierarchical distinction between persons and things. Under the appearance of wealth, beneficial owners are serving the very things they own by ensuring their protection and continuous reproduction.

This article aims to shed light on the possible influence of the Kabbalah on Spinoza. To do this, I will analyze the role that the Kabbalist theoretical model may have had on the development of Spinozist philosophy, in order to understand both their convergences and their divergences. I will then clarify Spinoza's relationship to this theory, especially the Lurianic Kabbalah, and emphasize the importance of the notion of Tsimtsum (contraction of the Divine light).

In this essay Derrida reflects, for the first time at length, on secularization as a historical process. Whereas his earlier writings on religion focus on Jewish and Christian authors who blur the boundaries of religious belonging, this essay directly questions the categories of religion and secularization. Against this background, Derrida revisits the work of Kant, Voltaire, Nietzsche, and Heidegger, and he reflects on his own engagement with messianism, negative theology, and the khôra.

A certain number of cases suggest that our willingness to ascribe “knowledge” can be influenced by practical factors. For revisionary proposals, they indicate that the truth‐values of “knowledge” ascriptions vary with practical factors. For conservative proposals, on the contrary, nothing surprising is happening. Standard pragmatic approaches appeal to pragmatic implicatures and psychological approaches to the idea that belief formation is influenced by practical factors. Conservative proposals have not yet offered a fully satisfactory explanation, though. In this article, I introduce and (...) defend a third conservative proposal which I call “Refined Invariantism”. The two main claims of this proposal are that (1) we should distinguish between high stakes cases in which the subject does not believe (that he knows) the target proposition and those in which he believes (that he knows) the target proposition and that (2) we should adopt a psychological treatment for the first kind of case and a pragmatic treatment based on the epistemic standards for appropriate assertion and action for the second kind of case. I argue that this new combined approach avoids the main pitfalls of its two conservative rivals and that it gives new life to the generality objection levelled against revisionary views. (shrink)

Spinoza, le spinozisme et les fondements de la sécularisation est un ouvrage dédié à la mémoire d’Emmanuel Levinas, dont l’auteur a été l’élève durant plusieurs années. Il vise, à travers une analyse d’ordre philosophique, historique, épistémologique et théologique, à mettre au jour les conditions d’émergence interrelatées du spinozisme et de la sécularisation. Pour ce faire, il souligne, entre autres, l’importance des polémiques anti-maimonidiennes, des débats sur les attributs divins, la substance, l’infini, du marranisme et de la Kabbale sur la formation (...) du spinozisme, ainsi que son rapport à la pensée contemporaine. Il mène une recherche interdisciplinaire devant permettre d’éclairer l’origine des difficultés théoriques que ce système philosophique présente. (shrink)

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of (...) the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

La question des rapports du spinozisme à l’axiologie a fait l’objet de nombreux débats. Certains commentateurs considèrent Spinoza comme étant profondément immoraliste, alors que pour d’autres, il maintient l'ensemble des valeurs humaines. Spinoza a cherché à dépasser l’utilitarisme propre au conatus de chacun, afin de fonder un altruisme rationnel. Il souligne que le bien auquel l’homme aspire lorsqu’il suit la vertu, il le désirera aussi pour tous les autres hommes. Cependant, les moyens mis en œuvre pour démontrer cette thèse semblent (...) problématiques. Cet article analyse la logique de la coopération interhumaine élaborée par Spinoza, ainsi que son idéal de l’homme libre, montrant, qu'en fait, il n'a pas réussi à surmonter la nature profondément égoïste du conatus. -/- The question of the relationship between Spinozism and axiology has been the subject of much debate. Some commentators consider Spinoza to be profoundly immoralist, while for others he upholds the set of human values. Spinoza sought to go beyond the utilitarianism proper to the conatus of each person, in order to establish a rational altruism. He emphasizes that the good to which man aspires when he follows virtue, he will also desire for all other men. However, the means used to demonstrate this thesis seem problematic. This article analyzes Spinoza's logic of interhuman cooperation, as well as his ideal of the free man, showing that, in fact, he failed to overcome the profoundly egoistic nature of conatus. -/- . (shrink)

The question of Spinozist determinism and necessitarianism have been extensively studied by commentators, while the relationship between the notions of divine will and free will still requires elaborate studies. Our article seeks to contribute to such research, by clarifying the analyses of these questions by authors that Spinoza has confronted: Maimonides, as well as other Jewish philosophers, and Leibniz who criticized Spinozist determinism. We will study the consequences of these analyses on two examples that Spinoza gave to refute free will, (...) namely the dream and the situation of Buridan's ass. -/- Résumé: La question du déterminisme spinoziste et du nécessitarisme a été largement étu-diée par les commentateurs, tandis que la relation entre les notions de volonté divine et de libre arbitre nécessite encore des études plus élaborées. Notre article cherche à contribuer à ces recherches, en clarifiant les analyses de ces questions par des auteurs auxquels Spinoza s’est confronté : Maïmonide, ainsi que d’autres philosophes juifs, et Leibniz qui a lui-même critiqué le déterminisme spinoziste. Nous étudierons les conséquences de ces analyses sur deux exemples que Spinoza a donnés pour réfuter le libre arbitre, à savoir le rêve et la situa-tion de l’âne de Buridan. (shrink)

The aim of this article is to bring to light some of the factors that allowed the emergence of secularization, and to understand to what extent and in what ways these factors contributed to the formation of the main lines of Spinozism. I will first examine the issues of secularization, emphasizing the importance of the transformations in the status of the Hebrew language during the Renaissance. I will then analyze the role that the Tractatus theologico-politicus may have had in European (...) culture. Finally, I will clarify Spinoza’s relationship to deism and atheism, specifying the nature of the controversies related to his religious attitude. (shrink)

Many philosophers agree that there is an epistemic norm governing action. However, they disagree on what this norm is. It has been observed that the word ‘know’ is prominent in ordinary epistemic evaluations of actions. Any opponent of the knowledge norm must provide an explanation of this fact. Gerken has recently proposed the most developed explanation. It invokes the hypothesis that, in normal contexts, knowledge-level warrant is frequently necessary and very frequently sufficient (Normal Coincidence), so that knowledge-based assessments would be (...) a good heuristic for practical reasoning and epistemic evaluations of action. In this paper, I raise three problems for this approach. First, I argue that Normal Coincidence is ad hoc: it relies on an unsupported frequency hypothesis that we should expect to be false given the warrant account that Gerken also endorses. Second, I argue that, in any case, Normal Coincidence is insufficient to support the hypothesis that knowledge-based evaluation of action constitutes a good heuristic. Third, I consider three other hypotheses close to Normal Coincidence apparently more likely to support the heuristic hypothesis, but I argue that they seem even more ad hoc than Normal Coincidence. (shrink)

The paper presents the notion of “Spirit of Nature” in Henry More and describes its position within More’s philosophical system. Through a thorough analysis, it tries to show in what respects it can be considered a scientific object and in what respects it cannot. In the second part of this paper, More’s “Spirit of Nature” is compared to Newton’s various attempts at presenting a metaphysical cause of the force of gravity, using the similarities between the two to see this notorious (...) problem of Newton scholarship in a new light. One thus sees that if Newton drew from Stoic and Neo-Platonic theories of aether or soul of the world, we need to fully acknowledge the fact that these substances were traditionally of a non-dualistic, half-corporeal, half-spiritual nature. Both More’s “Spirit of Nature” and Newton’s aether can thus be understood as different attempts at incorporating such a pneumatic theory into the framework of modern physics, as it was then being formed. (shrink)

En este artículo abordo críticamente la aseveración de David Papineau según la cual la evidencia fisiológica acumulada es suficiente para adoptar razonablemente el Principio del Cierre Causal de lo Físico y la vía negativa, viz. entender físico como no mental, como solución al dilema de Hempel. Comenzaremos restando fuerza a tal afirmación revisando el trabajo de W. Penfield y J. Eccles, dos importantes neurocientíficos y declarados dualistas. No obstante, luego nos centraremos en el trabajo de B. Libet en el que (...) se demostraría que los movimientos voluntarios están realmente determinados por causas enteramente fisiológicas, lo cual constituiría una pieza fundamental de evidencia a favor de Papineau. Nuestro análisis mostrará que no se siguen tales conclusiones. Esto tendrá consecuencias negativas para el Cierre Causal de lo Físico y con ello para el Argumento Causal para el Fisicalismo del cual el mencionado principio es premisa clave. (shrink)

During the Second World War, more than 60,000 Jewish members of the American, British and French armed forces became prisoners of war in Germany. Against all expectations, these prisoners were treated in accordance with the 1929 Geneva Convention, and the majority made it home alive. This article seeks to explain this most astonishing circumstance. It begins by collating the references to the experiences of Western Jewish POWs from the historical literature to provide a hitherto-unseen overview of their treatment in captivity. (...) It then asks what made their protection from persecution possible. To this end, it explores Germany’s wider motivations for its selective application of the Geneva Convention and highlights the role that military identity played in making its application seem necessary for all POWs from the Western front, including Jewish POWs. (shrink)

Pascal Engel défend explicitement le purisme (ou l’intellectualisme). Selon la version générale de cette thèse, les facteurs qui déterminent si une croyance est justifiée, ou si elle est une connaissance, ne concernent que la vérité. Ils sont totalement indépendants des désirs ou des préférences du sujet, ainsi que des conséquences pratiques potentielles du fait de posséder ces croyances. Dans son article « Pragmatic Encroachment and Epistemic Value » (2009), P. Engel concède que des facteurs pratiques peuvent déterminer la quantité de (...) données (ou la justification) dont on a besoin pour savoir ou croire, tout en maintenant que cela n’affecte pas le purisme épistémique (dans sa version évidentialiste) sur les notions de donnée ou de degré de justification. Mais cela ne revient-il pas tout simplement à concéder l’impurisme épistémique au moins à propos de la connaissance ou de la justification simpliciter des croyances ? Dans cet article, j’examine en détails la position de P. Engel. Je montre que, correctement comprise, elle est intégralement puriste. En considérant le principe connaissance-action, je soulève néanmoins un dilemme pour son approche, jetant ainsi un doute sur le potentiel qu’elle aurait à fournir une réponse puriste satisfaisante à l’argument fondamental motivant l’impurisme épistémique. (shrink)

ABSTRACT Offsetting is a very ineffective way to do good. Offsetting your lifetime emissions may increase aggregated life expectancy by at most seven years, while giving the amount it costs to offset your lifetime emissions to a malaria charity saves in expectation the life of at least one child. Is there any moral reason to offset rather than giving to some charity that does good so much more effectively? There might be such a reason if your offsetting compensated or somehow (...) benefitted the victims of your emission, since that could mean that you would satisfy the duty not to harm others by emitting and offsetting. But that is typically not true. If your emission harms some person and your offsetting benefits some person, then these are most likely different people. Hence, I conclude, we have a stronger reason to give to effective charities than we have to offset our emissions. (shrink)

Chapitre méthodologique d'un livre co-écrit par Éliane Pons et J.-J. Pinto. Ce dernier, pour raisons professionnelles, n'avait indiqué son nom que dans cette partie intitulée "Esquisse d'une psychanalyse scientifique" (allusion respectueuse au titre de Freud "Esquisse d'une psychologie scientifique"), où se trouve expliquée en détail la méthode originale d'analyse de discours inventée et enseignée par lui : l'Analyse des Logiques Subjectives© (A.L.S.©).

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...) the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

Logic and psychology overlap in judgment, inference and proof. The problems raised by this commonality are notoriously difficult, both from a historical and from a philosophical point of view. Sundholm has for a long time addressed these issues. His beautiful piece of work [A Century of Inference: 1837-1936] begins by summarizing the main difficulty in the usual provocative manner of the author: one can start, he says, by the act of knowledge to go to the object, as the Idealist does; (...) one can also start by the object to go to the act, in the Realist mood; never the two shall meet. He is himself inclined to accept the first perspective as the right one and he has eventually developed an original version of antirealism which starts, not from considerations about the publicity of meaning, in the manner of Dummett, but from an epistemic standpoint, trying to search in a non-Fregean tradition of analysis of judgement and cognate notions a way of founding constructivist semantics. The present paper ploughes the same field. We concentrate on the significance, for Sundholm’s program, of the perspective that has been opened by Twardowski in his important essay on acts and products (1912. (shrink)

This article provides a property analysis of electronic money, showing that the issuance of electronic money cannot involve a trust. The analysis is also applicable to other digital assets that may be said to involve a trust, and as such provides a timely contribution to current discussions on the legal nature and categorisation of digital assets both in the UK and internationally.

Within a liberal, ‘law of things’ understanding of property, the donative trust is seen as a species of gift. Control over trust property passes from the hands of settlors to beneficiaries, from owners to owners. Trust property, like all other property, is silent and passive, its fate determined by its owners. This article questions this understanding of the trust by showing how beneath the facade of ownership, the trust inverts the relation between owner and owned, person and thing. It analyses (...) the relation that trustees, beneficiaries and settlors have to the trust property and argues that the role of each of these parties can be shown to consist in furthering the interests of the trust property rather than their own. It claims that this protects things from their owners at the same time as it ensures these owners’ ongoing care towards the things they own. This raises questions about the trust’s status within the institution of private property, justified as it is by the human autonomy it is said to enable. (shrink)

This article takes as its subject matter the juridico-political space of the prisoner of war (POW) camp. It sets out to determine the nature of this space by looking at the experience of war captivity by Jewish members of the Western forces in World War II, focusing on the experience of Emmanuel Levinas, who spent 5 years in German war captivity. On the basis of a historical analysis of the conditions in which Levinas spent his time in captivity, it argues (...) that the POW camp was a space of indifference that was determined by the legal exclusion of prisoners from both war and persecution. Held behind the stage of world events, prisoners were neither able to exercise their legal agency nor released from law into a realm of extra-legal violence. Through a close reading of Levinas’s early concept of the ‘there is’ [il y a], the article seeks to establish the impact on prisoners of prolonged confinement in such a space. It sets out how prisoners’ subjectivity dissolved in the absence of meaningful relations with others and identifies the POW camp as a space in which existence was reduced to indeterminate, impersonal being. (shrink)

Spinoza, le spinozisme et les fondements de la sécularisation est un ouvrage dédié à la mémoire d’Emmanuel Levinas, dont l’auteur a été l’élève durant plusieurs années. Il vise, à travers une analyse d’ordre philosophique, historique, épistémologique et théologique, à mettre au jour les conditions d’émergence interrelatées du spinozisme et de la sécularisation. Il présente une recherche interdisciplinaire devant permettre d’éclairer l’origine des difficultés théoriques que ce système philosophique présente. Ce volume est le premier d’une pentalogie consacrée à Spinoza et au (...) Spinozisme, dont les autres paraîtront dans la même collection. Spinoza, Spinozism and the Foundations of Secularization is a book dedicated to the memory of Emmanuel Levinas, whose author was a student for several years. It aims, through a philosophical, historical, epistemological and theological analysis, to bring to light the interrelated conditions of emergence of Spinozism and secularization. It presents interdisciplinary research to shed light on the origin of the theoretical difficulties that this philosophical system presents. This volume is the first of a pentalogy devoted to Spinoza and Spinozism, the others of which will appear in the same collection. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (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.

Many philosophers think that we should use a lottery to decide who gets a good to which two persons have an equal claim but which only one person can get. Some philosophers think that we should save identified persons from harm even at the expense of saving a somewhat greater number of statistical persons from the same harm. I defend a principled way of justifying both judgements, namely, by appealing to the decreasing marginal moral value of survival chances. I identify (...) four desiderata that, I contend, any such justification should satisfy, and explain how my account meets these desiderata, unlike some previous accounts. (shrink)

Bolzano was the first to establish an explicit distinction between the deductive methods that allow us to recognise the certainty of a given truth and those that provide its objective ground. His conception of the relation between what we, in this paper, call "subjective consequence", i.e., the relation from epistemic reason to consequence and "objective consequence", i.e., grounding however allows for an interpretation according to which Bolzano advocates an "explicativist" conception of proof: proofs par excellence are those that reflect the (...) objective order of grounding. In this paper, we expose the problems involved by such a conception and argue in favour of a more rigorous demarcation between the ontological and the epistemological concern in the elaboration of a theory of demonstration. (shrink)

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)

With the coronavirus pandemic and the Omicron variant once again forcing countries into lockdown, this essay seeks to outline a Foucauldian critique of various legal measures taken by the Danish government to cope with COVID-19 during the first year and a half of the pandemic. The essay takes a critical look at the extra-legal measures employed by the Danish government, as the Danish politicians attempted to halt the spread of the, now almost forgotten, Cluster 5 COVID-19 variant. This situation will (...) serve as a critical point from where to start using Foucault’s writings on life and biopolitics in order to expose various legally problematic governmental decisions that became visible during the handling of COVID-19 in general and the Cluster 5 mutation in particular. Reframing the pandemic within Foucault’s concept of biopolitics, this essay concludes that the state of exception has led to an increase in biopolitical logic, where some lives have come to matter more than others. As a critical counterpoint to this logic, the conclusion suggests that the notion of biocommunism could provide a suitable reconfiguration of communism. A reconfiguration that could mitigate some of the issues related to biopolitics is uncovered earlier in the essay. (shrink)

Bartha and DesRoches (Synthese 199(3–4):8701–8740, 2021) and Steel and Bartha (Risk Analysis 43(2):260–268, 2023) argue that we should understand the precautionary principle as the injunction to maximise lexical utilities. They show that the lexical utility model has important pragmatic advantages. Moreover, the model has the theoretical advantage of satisfying all axioms of expected utility theory except continuity. In this paper I raise a trilemma for any attempt at modelling the precautionary principle with lexical utilities: it permits choice cycles or leads (...) to paralysis or implies that the smallest value difference that is possible in a context has extreme axiological implications. (shrink)

Catastrophic risk raises questions that are not only of practical importance, but also of great philosophical interest, such as how to define catastrophe and what distinguishes catastrophic outcomes from non-catastrophic ones. Catastrophic risk also raises questions about how to rationally respond to such risks. How to rationally respond arguably partly depends on the severity of the uncertainty, for instance, whether quantitative probabilistic information is available, or whether only comparative likelihood information is available, or neither type of information. Finally, catastrophic risk (...) raises important ethical questions about what to do when catastrophe avoidance conflicts with equity promotion. (shrink)

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

This paper advances a theory of disease as domino dysfunction. It is often argued that diseases are biological dysfunctions. However, a theory of disease as biological dysfunction is complicated by some plausible cases of dysfunction, which seem clearly non-pathological. I argue that pathological conditions are not just dysfunctions but domino dysfunctions, and that domino dysfunctions can be distinguished on principled biological grounds from non-pathological dysfunctions. I then show how this theory can make sense of the problem cases; they are not (...) diseases because they are not domino dysfunctions. (shrink)

Notes prises par Jacques Lagrange lors du cours d'anthropologie donné par Michel Foucault en 1954-1955 à l'École Normale Supérieure.

Standard epistemic logic actually formalizes folk-psychology. The problem of logical omniscience shows that this logic is not adequate in a cognitivist setting. In order to describe realistic information-processing believers, we need both an ontology of particulars and a hyper-intensional taxonomy of representations. From this point of view, sub-structural logics, which do not overlook the syntaxic details of the processing of information, are an interesting alternative to possible worlds semantics.

Considerations of dynamic inconsistency have figured prominently in debates over the rationality of preferences that violate the separability conditions characteristic of expected utility theory. These debates have mostly focused on risk- and ambiguity averse preferences, but analogous considerations apply to preferences for fairness. We revisit these debates in the context of a specific hypothesis regarding the violations of separability by such preferences, namely that they are potentially both explained and rationalised by attitudes to the chances of goods that motivate a (...) preference for equality in the distribution of chances across people and possible events. Our main aim is to argue that, first, when these violations of static separability are motivated by such attitudes to chances, then they need not result in dynamically inconsistent behaviour. Second, and more generally, considerations of dynamic consistency do not, we argue, undermine the rationality of such attitudes towards the distribution of chances, despite the fact that such attitudes give rise to violations of the static separability assumptions of expected utility theory. (shrink)

The relationship between “Towards a Critique of Violence” (1921) and the work of Franz Kafka has been well established by several critical studies devoted to Walter Benjamin. However, it is striking that Benjamin himself, already well acquainted with the work of the Czech writer in 1921, never made any comment to Kafka’s work in this essay, and, more broadly, in any of the related texts that make up the project on the ‘Critique of Violence’. In this article, we analyze a (...) set of notions (Entstellung, Entsühnung, Zurechstellen) that allow us to establish a mediated relationship between this essay and the articles and letters that Benjamin devoted to Kafka in the 1930s. This relationship takes us back to the only piece in which Benjamin carries out an autonomous treatment of the “category of justice” (1916) in which he identifies -as it will happen eighteen years later, in the essay on Kafka (1934)- the locus of justice in the “non-violence”, thus untying the knot that binds in a perhaps indiscernible way in the Jewish tradition the notions of “messianism” and “violence”. (shrink)

Neoclassical economists use expected utility theory to explain, predict, and prescribe choices under risk, that is, choices where the decision-maker knows---or at least deems suitable to act as if she knew---the relevant probabilities. Expected utility theory has been subject to both empirical and conceptual criticism. This chapter reviews expected utility theory and the main criticism it has faced. It ends with a brief discussion of subjective expected utility theory, which is the theory neoclassical economists use to explain, predict, and prescribe (...) choices under uncertainty, that is, choices where the decision-maker cannot act on the basis of objective probabilities but must instead consult her own subjective probabilities. (shrink)

What does it mean to act politically? This paper contributes an answer to this question by looking at the role that necessity plays in the political theory of Carl Schmitt. It argues that necessity, whether in the form of existential danger or absolute values, does not affect the sovereign decision, which must be free from normative determinations if it is to be a decision in Schmitt’s sense at all. The paper then provides a reading of Schmitt in line with Weber’s (...) ethics of responsibility, according to which the political actor decides not arbitrarily and irresponsibly, but actively assumes responsibility for the decisions he takes. (shrink)

According to the orthodox treatment of risk preferences in decision theory, they are to be explained in terms of the agent's desires about concrete outcomes. The orthodoxy has been criticised both for conflating two types of attitudes and for committing agents to attitudes that do not seem rationally required. To avoid these problems, it has been suggested that an agent's attitudes to risk should be captured by a risk function that is independent of her utility and probability functions. The main (...) problem with that approach is that it suggests that attitudes to risk are wholly distinct from people's (non-instrumental) desires. To overcome this problem, we develop a framework where an agent's utility function is defined over chance propositions (i.e., propositions describing objective probability distributions) as well as ordinary (non-chance) ones, and argue that one should explain different risk attitudes in terms of different forms of the utility function over such propositions. (shrink)