At the time of the disintegration of “actually existing socialism” in the 1990s, it appeared that the inexorable flux of globalization was going to consume the nation-state. However, recent years have witnessed the increasing role of the states in both the Global North and South. The relationship between the state and capital is a frequently traversed subject, but what needs further illumination is the persistence of “many states” and its relation to capitalism as both a national and (...) global formation. While globalization of capital suggests a movement from multiplicity toward a dehistoricized abstraction, a global state has never been actualized. This implies that, unlike capital, the state cannot be dehistoricized or dedifferentiated; therefore, the only way to think about the state is to observe concrete, multiple states. In view of this difference and drawing on Nicos Poulantzas’s and Kōjin Karatani’s inquiries into the states system, this article examines the multi-state system as an internal and external limit to Marxist thought. (shrink)

The theoretical underpinnings of public international law have taken the sovereign status of the nation-state for granted since the beginning of the modern era. After centuries of evolution in legal and political thought, the state's definition as a bounded territorial unit has been strictly codified. The legal development of the nation-state was an ideological project informed by extra-legal considerations. Additionally, the ever-narrowing scope of the juridical idea of sovereignty functioned as a boundary mechanism instrumental in (...) colonising Africa and other regions. While international law claims universal liberalism today, the current system based on sovereign nation-states represents not social inclusion but fierce and dangerous exclusion. -/- The central thesis of this book is that the development of legal sovereignty was, rather than part of the modernist progress narrative, a historically contingent evolutionary regression. While other social systems such as economics and science became globalised, politics and law counterintuitively became more territorialised. It is argued that the nation-state today is not only anachronistic but is dangerously ill-equipped for facing international problems such as the climate crisis or global pandemics. Finally, it also leaves African states and many other formerly-colonised territories at a particular disadvantage by regulating their political practices into a predefined mould. (shrink)

Mehmet Karabela draws upon Carl Schmitt’s analysis more explicitly to interrogate and understand how Islamic and Western scholars have conceptualized an “apolitical” Islam that could then be politicized. He applies Schmitt’s friend/enemy distinction as characteristic of the political to the study of Islam and shows how Islam has always been political and religious at the same time in this context. Liberalism posits a separate realm of religion and politics that it charges Islam and other political religions wrongly mix, but (...) there is no intrinsic separation of politics from religion in a post-secular context, and we have many lessons to learn of and from Islam. Rather than the modern nation-state, which is the locus for Schmitt, the polity of Islam is more situated on the Muslim community, which is less determinate and defined. Every community, particularly every religious community, is potentially political in the Schmittian context. (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 article inquires into the clinical figure of paranoia and its constitutive role in the articulation of the nation-state discourse in Europe, uncovering a central tension between a principle of integrity and a dualist spatial configuration. A conceptual distinction between ‘border’ (finis) and ‘frontier’ (limes) will help to expose the political effects of such a tension, unveiling the way in which a solid and striated organisation of space has been mobilised in the topographic antagonism of the nation, (...) sustaining the phantasm of a self-enclosed, self-sufficient finitude. (shrink)

The thought of Carl Schmitt (1888-1985) helps to place Islamist terrorism within a certain tradition of warfare and political theory. In fact, this form of violence can be clarified by Schmitt’s theoretical endowment, as this brief paper attempts to do. The end of the legal framework of the jus publicum europaeum and the emergence of non-state actors have put into question centuries-old certainties. Schmitt’s theory could help to put order in political concepts today ideologically misused. And (...) his opposition to any universalistic tendencies questions not only Jihadi ideology but also Western anti-terroristic rhetoric, which is equally part of the ongoing global war of annihilation feared by Schmitt during his entire life. (shrink)

We do two things in this article: develop a novel conception of domination and show how the Kurdish people are dominated in this novel sense. Conceptions of domination are usually distinguished in terms of paradigm cases and whether they are moralised and/or norm- dependent accounts, or neither. By contrast, we argue there is a way of understanding domination in terms of distinct social kinds. Among kinds of domination, like economic or racial or sexual domination, there must be a specifically political (...) kind of domination. Borrowing from Carl Schmitt’s framework of differing degrees of political enmity, we argue political domination is best understood as an existential form of domination whereby one people aim to prevent the independent exis- tence of another people mainly through the uncontrolled power and extreme violence involved in absolute enmity. This conception of exis- tential domination is offered as an example of a non-moralised, norm- independent account of domination. We then argue that the Kurdish people, who are the largest stateless people in the world, suffer existen- tial domination from the absolute enmity expressed towards them by the four nation-states they find themselves dominated within: Turkey, Syria, Iraq and Iran. (shrink)

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

The term 'fascism' continues to be very much in currency in Philippines society. To the Filipino people, its meaning is often drawn from pained memory of wholesale deprivation of democratic rights and large-scale human rights abuses. Yet, to many, the fear of fascism has still to give way to a deeper understanding of this menace. This may hold true even among those belonging to the progressive movement. One Marxist philosopher and theoretician who gave extended treatment of the issues surrounding the (...) character and conditions giving rise to fascism was Nicos Poulantzas, whose theory is employed here to interrogate the debates about fascism in the post-Marcos Philippines context. (shrink)

The Philosophy Behind Marriage and Family Structure -/- Marriage and family have been fundamental aspects of human society for millennia. These institutions, deeply rooted in both biological imperatives and cultural traditions, provide individuals with emotional support, societal structure, and a framework for raising future generations. Throughout history, philosophers, sociologists, psychologists, and religious leaders have explored the significance of marriage and family, offering various perspectives on their purpose, evolution, and societal impact. This essay examines the philosophy behind marriage and family structure (...) through different lenses, including social, religious, psychological, biological, existential, economic, and contemporary viewpoints. -/- 1. Social and Functional Perspective -/- From a social standpoint, marriage and family serve as the bedrock of society. Aristotle, in his work Politics, described the family as the smallest social unit, essential for the survival and well-being of the individual and the state. He believed that humans are naturally social beings and that the family provides the first environment where individuals learn social values such as cooperation, responsibility, and justice. -/- Similarly, Confucian philosophy underscores the importance of family in maintaining social harmony. In Confucianism, filial piety—the respect for parents and ancestors—is a cornerstone of moral conduct, with family relationships mirroring broader societal relationships. The family, in this view, is not just a private institution but a microcosm of the entire social order. -/- Historically, marriage has also functioned as a social contract that unites families, clans, and communities, often transcending individual desires for the sake of social cohesion and societal continuity. -/- 2. Religious and Moral Perspective -/- Religious traditions around the world have long emphasized the sanctity of marriage and the importance of family life. In Christianity, marriage is often viewed as a divine covenant that reflects the relationship between Christ and the Church, with an emphasis on love, commitment, and mutual support. Hinduism regards marriage as a sacrament (samskara), binding individuals not only in the present life but also across lifetimes. -/- Islamic teachings similarly highlight marriage as a partnership grounded in compassion, mercy, and shared responsibility. Across these traditions, marriage and family are seen as moral institutions that provide a stable environment for raising children and passing down spiritual values. -/- Religious perspectives often link the stability of society to the strength of family structures, asserting that moral virtues such as loyalty, fidelity, and respect are first cultivated within the family unit. -/- 3. Psychological and Emotional Perspective -/- From a psychological standpoint, marriage and family fulfill essential emotional and developmental needs. The attachment theory proposed by John Bowlby suggests that early relationships within the family shape an individual’s emotional well-being and capacity for forming relationships later in life. Families provide emotional support, a sense of belonging, and a framework for identity development. -/- Carl Jung, a pioneer in analytical psychology, saw marriage as a path toward individuation, where two individuals learn and grow through their relationship. The emotional bonds formed in marriage and family life contribute to mental health, resilience, and a sense of purpose. -/- Moreover, contemporary psychological research emphasizes the importance of secure family environments for children’s cognitive and emotional development. Strong family bonds, characterized by open communication, emotional warmth, and supportive relationships, are associated with better psychological outcomes across the lifespan. -/- 4. Evolutionary and Biological Perspective -/- Biologically, the formation of family units can be understood as an adaptive strategy that supports survival and reproduction. Evolutionary psychologists argue that marriage and family structures evolved to address fundamental challenges related to reproduction, child-rearing, and social cooperation. -/- Anthropologist Helen Fisher suggests that human beings have evolved three distinct but interconnected brain systems related to love: attraction, romantic attachment, and long-term bonding. These systems, she argues, have historically promoted pair bonding, cooperative parenting, and the long-term care of offspring. -/- The biological perspective highlights how family structures have varied across cultures in response to environmental and societal factors. For instance, extended family structures were historically more common in agrarian societies, where cooperative labor was essential, while nuclear family structures became more prevalent in industrialized societies. -/- 5. Existential and Individual Perspective -/- Existential philosophers have explored marriage and family through the lens of individual freedom and personal growth. Jean-Paul Sartre and Simone de Beauvoir questioned traditional marriage structures, suggesting that societal norms around marriage could sometimes limit individual freedom and authenticity. -/- From an existential perspective, marriage can either be an avenue for personal growth or a constraint imposed by societal expectations. The decision to marry and build a family, therefore, becomes an existential act—one that involves choosing companionship and shared purpose in an otherwise uncertain world. -/- For existentialists, the meaning of marriage lies not in external validation but in the authentic relationship between individuals who choose to support and grow with one another despite life’s uncertainties. -/- 6. Economic and Structural Perspective -/- The economic dimension of marriage and family structures has been explored by philosophers such as Karl Marx and Friedrich Engels. In their analysis, traditional family structures were intertwined with systems of property ownership, inheritance, and social class. Engels, in The Origin of the Family, Private Property and the State, argued that the nuclear family, particularly in capitalist societies, reinforced patriarchal power dynamics and preserved wealth within certain classes. -/- In modern societies, the economic functions of marriage and family continue to be significant. Families often serve as units of economic cooperation, pooling resources to meet household needs and invest in children’s education and future. Additionally, shifts in labor markets, gender roles, and social policies have influenced family structures, leading to more diverse forms of partnerships and parenting arrangements. -/- 7. Contemporary and Progressive Perspectives -/- In recent decades, philosophical and sociological discussions about marriage and family have expanded to include issues of equality, diversity, and individual autonomy. The recognition of same-sex marriage in many countries reflects a broader societal shift toward inclusivity and the redefinition of traditional family structures. -/- Feminist philosophers, such as Judith Butler, have critically examined the ways in which traditional marriage and family structures have historically marginalized women and reinforced gender roles. Contemporary perspectives emphasize the importance of shared responsibilities within families, regardless of gender, as well as the recognition of diverse family forms, including single-parent households, cohabiting partnerships, and chosen families. -/- The contemporary view of marriage and family increasingly acknowledges the importance of love, mutual respect, and individual autonomy alongside traditional functions of reproduction and social stability. -/- Conclusion -/- The philosophy behind marriage and family structure encompasses a broad spectrum of perspectives, each offering valuable insights into these enduring human institutions. Socially, marriage and family provide stability and continuity. Religiously, they offer moral guidance and spiritual purpose. Psychologically, they fulfill emotional and developmental needs. Biologically, they support survival and reproduction. Existentially, they present opportunities for personal growth and authentic relationships. Economically, they function as units of resource-sharing and social mobility. -/- As societies evolve, so too do their understanding and practice of marriage and family life. The challenge for modern societies lies in balancing the enduring functions of these institutions with changing social norms, ensuring that marriage and family remain sources of support, growth, and societal cohesion for generations to come. -/- . (shrink)

Zachary Zolty English 699 : Gothic Studies Master’s Thesis, National University of San Diego, California. -/- Advisor: Dr. Ramie Tateishi -/- Abstract The current situation in the United States of America is that Latin immigrants and migrants are mistreated and subjected to gross human rights violations, with entire extensions of the Nation-State being given virtually unlimited power over a powerless populace. The current gap in the literature revolves around Agamben and political theology as it relates and overlaps with (...) the political reality of Latin American immigrants and migrants being mistreated and subjected to human rights violations with impunity. This research is very important to allow a path to resist nation-states when they collapse into authoritarianism or oppress humans without citizenship of the territory of the nation-state, in question. This will provide a way to assist Latin immigrants and migrants without fear of a revolution that will dissolve into tyranny, as happens so often. How can the political theory of Agamben’s use of Walter Benjamin’s critique of violence establish a new way of assuring Latin migrants and immigrants’ safety and dignity as human beings who should be allowed to live anywhere they please as long as they are not harming anyone? My research objective is to show how Benjamin’s notion of divine violence combined with that of Agamben’s notion of destituent power can provide a way to break out of the dialectic of tyrannies that collapse in revolution to birth yet a new regime of tyrannies. (shrink)

Deep legal change occurs when, without legal justification, one legal rule is replaced by another. While often ignored in legal theory, these rule-breaking normative transformations are common and significant enough to warrant careful attention. In this thesis, I analyse the structure of deep legal change and discuss how a philosophically rigorous jurisprudence should approach a legal phenomenon that appears to be legally inexplicable. In particular, I focus on the implications of rule-breaking rule-changes for our conception of courts and legal (...) reasoning. To understand why deep legal change occurs, we need to provide a normative explanation that clarifies why courts, as courts, have reasons to break the law. My solution takes me to G. W. F. Hegel’s Philosophy of Right. Hegel invites us to think of the judicial process as being grounded in two institutional values: the establishment of legal security and the protection of the “universal interest” of the state. Sometimes, these two values come into conflict. In these moments, established legal rules give way to fundamental state-interests. With Hegel, we can say that it is inevitable that political reasons periodically override legal reasons. In deep legal change, the fundamentally political character of law becomes visible. While reminiscent of Carl Schmitt and the literature on emergency powers, this theory of law is much closer to the reason-of-state tradition. Against the background of several historical case studies and contemporary scholarship, I demonstrate the novelty, coherence, and explanatory power of a Hegelian account of deep legal change. (shrink)

After the independence drive in Catalonia, we are forced back to reflect on the post-national vision for a unified Europe. Post-nationalism, at least as Habermas understands it, requires ethnic identities be replaced by rational-ideological bonds as the cornerstone of state-formation. Whether that political theory is valid remains up to debate. Yet, we must admit that post-nationalism is not the reality. The idea that we now live in a world beyond national and ethnic divides is nothing more than a (...) preposterous pretension; radical pushes toward European integration, without regard for national awareness, will surely prove to be unwise. (shrink)

The concepts of technological and innovation sovereignty open a pathway to address existing gaps in the governance of technology and innovation. Technological sovereignty aims to embed socio-political objectives within the development of technology and innovation, affecting economic governance and providing directionality of technological capacities. In this article, the concepts of technological and innovation sovereignty will be elaborated against the background of the paradigms of nation-state governance of technology, modern market-innovation and responsible innovation.

Both G.F.W. Hegel and Carl Schmitt took seriously the problem of political sovereignty entailed by liberal political theories. In Dictatorship (1919) and Political Theology (1922), Schmitt rejects liberal political theories that argue for the immediate unity of democracy and legality i.e., popular sovereignty, because he thinks they cannot secure political sovereignty. In the Philosophy of Right, Hegel denounces popular sovereignty for similar reasons. Yet given Schmitt’s negative assessment of Hegel their positions are seldom related to one another. I argue (...) in this paper that Schmitt’s analysis of liberal political theories is similar to Hegel’s analysis of Rousseau’s liberal ideas. I contend, however, that Schmitt’s solution, which collapses the distinction between the executive and the legislative power in favor of the former, fails to secure political sovereignty. Contrary to Schmitt, Hegel conceives of the liberal predicament as a basic determination of any political state that rests on the division of the legislative and executive power. Hegel argues that the constitutional monarchy is a genuine instantiation of political sovereignty that can maintain not only the division of these powers, but also their unity. In this regard, I argue that Hegel’s conception of the division of powers provides a more convincing theory of the problem afflicting modern states than Schmitt’s and at least deserves to be taken more seriously by critics of Schmitt’s solution such as Hannah Arendt, Leo Strauss, Jurgen Habermas, Andreas Kalyvas and Chantal Mouffe. (shrink)

Karl Marx states in Capital that “man, if not as Aristotle thought a political animal, is at all events a social animal” (Marx, 1992, 444). That Marx draws from Aristotle’s work has been long-recognized, but one could argue that Marx’s very conception of man—what he calls “species-being”—is a derivative of Aristotle’s theory of the good life. This article explores the Aristotelian underpinnings of Marx’s political philosophy and argues that Marx’s theory of species-being and human emancipation supervenes upon (...) Aristotle’s theory of eudaimonia. The consequence of such a rethinking suggests that the Aristotelian good life itself is possible only in the communist society of Marx’s imaginings and, as such, is a state that must be realized—whether by nature or revolution—for human flourishing. Inspired by Aristotle’s assertion that “friendship exists to the extent that what is just exists” (Aristotle, 1991a, 527), this article draws from several of Aristotle’s and Marx’s texts to situate man as an inherently social being, whose need of other men serves both to edify and realize a common end toward which the state is oriented: the life of virtuous activity performed by and in an association of equals. (shrink)

This paper challenges the notion that the only way to progress to a post-capitalist society is through the wholesale destruction of the capitalist economic system. Instead, I argue that Craft —an existential state and praxis informed by the creation and maintenance of objects of utility—is uniquely situated to effectively reclaim these systems due to its its focus on materiality over abstraction and its unique position as a socially aware form of praxis. This argument focuses not on competition, but on (...) hyper-abstraction as the key driver of capitalist exploitation and its most glaring ethical flaw. Karl Marx's work on commodity fetishism is key to understanding this misguided form of abstraction which displaces commodities so far from their functional form that they feed into what Martin Heidegger termed gestell , or enframing. Postmodern attempts to destabilize capitalist influence in the fine arts, like the de-objectification of the 1960s described by Ursula Meyer, often fell victim to the same fetishistic mindset and simply increased the hold of capitalism within the arts. The enframing worldview that Heidegger warns us about is fed by hyper-abstraction, and while he directly offers up art as the remedy to this situation via poiēsis , key moments in his writings on the related notion of geschick support this new notion of Craft , rather than the fine arts, as a more capable system for the rehabilitation of modern society. (shrink)

Resumen: El presente artículo busca presentar sumariamente las principales críticas elaboradas por Karl Löwith y Leo Strauss en su recepción del clásico trabajo de Carl Schmitt Der Begriff des Politischen [El concepto de lo político]. Se intentará explorar, en un primer apartado, la acusación löwithiana de “ocasionalismo ateológico”, formulada, aunque bajo pseudónimo, en un texto crítico de 1935 cuyo título original fue luego reemplazado por aquel con el que se lo conoce actualmente: Der okkasionelle Dezisionismus von Carl (...) Schmitt [El decisionismo ocasional de Carl Schmitt]. En la segunda sección, siguiendo principalmente la lectura propuesta de Heinrich Meier, se buscará dar cuenta de la interpretación que aparece en los Anmerkungen zu Carl Schmitt, Der Begriff des Politischen [Comentarios sobre El concepto de lo político de Carl Schmitt], las notas de Leo Strauss, publicadas en 1932, que sugieren entender la afirmación de lo político en la obra de Schmitt como constitutiva de la posterior crítica schmittiana de la filosofía política de Thomas Hobbes. Palabras clave: político, ocasionalismo, decisión, teología política, liberalismo. Abstract: This article seeks to briefly present the main criticisms elaborated by Karl Löwith and Leo Strauss in their reception of the classic work of Carl Schmitt Der Begriff des Politischen [The Concept of the Political]. It will be explored, in a f irst section, the Löwithian accusation of “atheological occasionalism”, offered, although under a pseudonym, in a text of 1935 whose original title was later replaced by that with which it is currently known: Der okkasionelle Dezisionismus von Carl Schmitt [The Occasional Decisionism of Carl Schmitt]. In the second section, following mainly the reading of Heinrich Meier, I will seek to give an account of the interpretation present in the Anmerkungen zu Carl Schmitt, Der Begriff des Politischen [Comments on Carl Schmitt’s Concept of the Political], the critical notes by Leo Strauss, published in 1932, which suggest understanding the assertion of politics in Schmitt’s work as constitutive for the later Schmittian critique of Thomas Hobbes’ political philosophy. Keywords: political, occasionalism, decision, politcal theoology, liberalism. (shrink)

Carl Schmitt contends that liberal constitutionalism or the rule of law fails because it neglects the state of exception and the political, namely politics viewed as a distinction between friend and enemy groups. Yet, as a representative of liberal constitutionalism, Locke grapples with the state of exception by highlighting a magistrate prerogative and/or the right of the majority to act during a serious political crisis. Rather than neglecting the political, Locke’s state of war presupposes it. My (...) thesis is that Schmitt’s assault against Locke’s liberal constitutionalism is one-sided, and hence Locke’s militant liberalism can disarm it. In support of my thesis I shall argue (1) that Schmitt overlooks Locke’s distinction between liberty and license; (2) that, ironically, Schmitt’s conception of politics resembles Locke’s state of war; and (3) that Locke’s liberalism is militant rather than neutral because it excludes extremists from enjoying equal civil and political rights, as reasonable citizens do, to compete for political power. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously (...) yields the development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

There is a particular ressonance between the thinking of Walter Benjamin and that of the German jurist Carl Schmitt, including the fact that both analyse the 16th and 17th centuries in order to understand the 20th. Regarding this fact, the article attempts to clarify some themes that lead Schmitt’s work, i.e that of State of Exception, that of theologization of politics, the critique of parliamentarism as support of the Modern State, the tension between democracy and dictatorship, to (...) explain how the dialog between the two thinkers occurs, seeking thus for a better understanding of key works of Benjamin, specially The Origin of German Tragic Drama. (shrink)

This doctoral thesis was prepared in 1975-77 at Ecole des Hautes Etudes en Sciences Sociales, Paris, under the supervision of Prof. Raymond ARON. It was submitted in 1977 in fulfilment of the requirements for a Ph.D. degree in Social Sciences (Doctorat de 3e cycle en sciences sociales). The oral examination (soutenance de thèse) was held in January 1978, with the examination committee consisting of Prof. Aron, Bartoli, Boudon and Brochier. This 250 page unpublished dissertation was the first study ever written (...) in French on Karl Marx's Grundrisse - a 1857-58 manuscript preparatory to Marx's main economic work, Capital. The dissertation reviews Marx's successive projects for his economic work since the 1844 Manuscripts and then proceeds to a presentation and critical discussion of Grundrisse. The proposed interpretation explains the linkage that Marx operated in 1857-58 between Ricardo's economics and Hegel's dialectics, and it emphasizes that Marx was at that time primarily trying to reconstruct the dynamics of capitalism, without going to the stage of developing a formal theory of value and exploitation, as he will eventually do in Capital. (shrink)

There is no good human life outside of a state, and the good state enables us to live well together – so says Constitutivism, the theory developed in this book. Reinvigorating Aristotelian ideas, the author asks in what sense citizens of modern, populous and pluralistic societies share a common good. -/- While we can easily find examples of cooperation that benefit each member, such as insurances, the idea that persons could share a common good became puzzling with (...) modernity – a puzzlement epitomised in Margaret Thatcher’s ‘What is society? There is no such thing!’ Aristotle describes the state as the end of human development, both chronologically and normatively, but modern philosophers, from Thomas Hobbes to Carl Schmitt, conceive the relation between state and citizen as instrumental. Either the state is a means of advancing each member’s individual good or the individual is a means of advancing some collective good. From both perspectives, the Aristotelian idea that human individuals somehow realise their own good in realising some communal good appears metaphysically puzzling, even nonsensical. -/- This puzzlement, the author argues, results from our profoundly modern understanding of rational actions, which we generally see as means toward outcomes. If we allow that not only outcomes but also histories and identities can be good reasons for actions, then it makes sense to see a person’s good and the common good of their political community as constitutive of one another, as Aristotle thought. Building on this idea, the author argues that individual actions and lives exist only in conjunction with a political community. In designing our institutions, we hence also give ourselves an identity and, in that sense, constitute ourselves as persons. Her arguments shed new light on a range of traditional topics of political theory, such as the justification of state authority or the question of how to justify or challenge the design of social institutions. (shrink)

Abstract This essay will take a look at the notion of state of exception, ausnahmezustand in german original version, comparing Walter Benjamin’s and Carl Schmitt’s two main books which are Critique of violence and political theology that were written such as a polemic one another. We will also take into consideration an alternative violence form such as a pure violence defined by Benjamin that could be revolutionary to change this schmittian state of exception.

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

Online technologies enable vast amounts of data to outlive their producers online, thereby giving rise to a new, digital form of afterlife presence. Although researchers have begun investigating the nature of such presence, academic literature has until now failed to acknowledge the role of commercial interests in shaping it. The goal of this paper is to analyse what those interests are and what ethical consequences they may have. This goal is pursued in three steps. First, we introduce the concept of (...) the Digital Afterlife Industry, and define it as an object of study. Second, we identify the politico-economic interests of the DAI. For this purpose, we develop an analytical approach based on an informational interpretation of Marxian economics. Third, we explain the practical manifestations of the interests using four real life cases. The findings expose the incentives of the DAI to alter what is referred to as the “informational bodies” of the dead, which in turn is to be seen as a violation of the principle of human dignity. To prevent such consequences, we argue that the ethical conventions that guide trade with remains of organic bodies may serve as a good model for future regulation of DAI. (shrink)

A common complaint about Kantian ethics is that it cannot do justice to the social or intersubjective dimensions of human life – that, unlike Fichte, Hegel, or Marx, Kant remains caught within a fundamentally individualistic perspective on practical or moral questions. In this way, the objection goes, Kantian ethics leaves agents alienated from others around them and their larger community. While not entirely unnatural, I argue here that such concerns rest on a mischaracterization of where the most serious problems in (...) this region for Kant lie. Far from being too individualistic, the real worry about Kantian moral theory is that it may not be individualistic enough. In a contemporary context, where Kantian ethics is associated with the “self-constitution” of agents or the “separateness of persons”, the idea that it is insufficiently concerned with individual persons may come as a surprise. But it would not surprise Kant’s immediate successors like Fichte and Hegel. For this is where they often located the deepest problems facing Kant’s moral philosophy. As we will see, in making such points, they were in some ways closer to Kant’s own views than they recognized. Nonetheless, if this is right, Kantian ethics may in fact more anti-individualistic than many of the ethical systems that followed in his wake. And the most radical elements in Kant’s ethics might point, less to Fichte and Hegel, and more to figures like Schopenhauer who sought to develop a synthesis of Kant and ideas from South Asian philosophy. Perhaps, we might say, Kant has been sitting under the Bodhi tree all along? (shrink)

In Marxist circles it is common to refer to Karl Marx’s The Civil War in France for a theoretical analysis of the historical significance of the Paris Commune, and to Prosper-Olivier Lissagaray’s History of the Commune of 1871 for a description of the facts surrounding the insurrection of the Paris workers and its repression by the National Assembly led by Adolphe Thiers. What is less well-known is that Marx himself oversaw the German translation of Lissagaray’s book and made numerous (...) additions to it. In this article we describe Marx’s addenda to Lissagaray’s work, showing how they contribute to concretising his analysis of the Paris Commune and how they relate to the split in the International Working Men’s Association between Marxists and anarchists that took place after the Commune’s defeat. We also show how Marx’s additions to the German version of Lissagaray’s book were linked to his involvement with the recently created Socialist Workers’ Party of Germany and to his criticism of the programme it had adopted at the congress celebrated in the city of Gotha. (shrink)

David Miller has objected to the cosmopolitan argument that it is arbitrary and hence unfair to treat individuals differently on account of things for which they are not responsible. Such a view seems to require, implausibly, that individuals be treated identically even where (unchosen) needs differ. The objection is, however, inapplicable where the focus of cosmopolitan concern is arbitrary disadvantage rather than arbitrary treatment. This 'unfair disadvantage argument' supports a form of global luck egalitarianism. Miller also objects that cosmopolitanism is (...) unable to accommodate special obligations generated by national membership. Cosmopolitanism can, however, accommodate many special obligations to compatriots. Those which it cannot accommodate are only morally compelling if we assume what the objection claims to prove - that cosmopolitanism is mistaken. Cosmopolitanism construed as global luck egalitarianism is therefore able to withstand both of Miller's objections, and has significant independent appeal on account of the unfair disadvantage argument. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory (...) has not done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

La mayoría de análisis sobre el Podemos original (2014-2016) han tendido a prestar más atención a lo que este era (sus líderes, militancia, votantes, programa y discurso), antes que a lo que no era (su negatividad, falta de esencia o el vacío que consiguió representar). El presupuesto ontológico de que Podemos re-presenta una suerte de ente con una determinada esencia se ha podido entrever incluso en sus crisis internas. Por el contrario, este ensayo busca primero precedentes para una me-ontología política (...) en los trabajos de Marx, Schmitt y Laclau; solo para entonces aplicar sus tesis fundamentales a los debates candentes sobre el populismo de Podemos: su supuesto “déficit normativo”, así como su relación tanto con el republicanismo como con la democracia radical. (shrink)

This articles proposes that theories and principles of distributive justice be considered substantively egalitarian iff they satisfy each of three conditions: (1) they consider the bare fact that a person is in certain circumstances to be a conclusive reason for placing another relevantly identically entitled person in the same circumstances, except where this conflicts with other similarly conclusive reasons arising from the circumstances of other persons; (2) they can be stated as 'equality of x for all persons', making no explicit (...) or implicit exclusion of persons or individuals and showing no greater concern and respect for some rather than others; and (3) they pursue equality in a dimension that is valuable to egalitarians. On this construal, prioritarianism and Dworkinian equality of resources, a view often identified as luck egalitarian, are not substantively egalitarian, but equality of opportunity, the standard form of luck egalitarianism, may be. (shrink)

“Functional finance” is an economic theory within the Post Keynesian school of thought. Especially in the form of Modern Monetary Theory (MMT), it has begun to have two big but opposite effects on the debate over Universal Basic Income (UBI). Some people state MMT in an exaggerated way that implies the government can spend all it wants on UBI or anything else without ever raising taxes or borrowing money as if government spending had no limits of any (...) kind. Other people refer to MMT while arguing that any effort to maintain a livable level of UBI is unsustainable. This article discusses the functional finance implications for the cost and sustainability of UBI, arguing that neither of those exaggerated implications are correct. MMT doesn’t free us for the concern for how to support UBI with taxes, but neither does it give reason to believe UBI is any less sustainable. (shrink)

This document articulates the foundational principles, legal frameworks, and strategic imperatives underpinning the establishment of Imperium Romanum a sovereign Digital Nation-State. It aims to provide a comprehensive analysis grounded in international relations, legal theory, economics, and historical prece- dents. The focus is on addressing the existential threats posed by blockchain technology, AI, social impact bonds, digital identification systems, and social engineering practices that collectively risk transforming individuals into un- witting digital subjects—a violation of international laws prohibiting unlawful (...) imprisonment and forced labor. By asserting sovereignty over unclaimed territories such as Marie Byrd Land in Antarctica for research purposes, Imperium Romanum seeks to legitimize its physical presence in accordance with international law, including the Antarctic Treaty System. This document employs advanced legal argumentation, referenc- ing precedent cases and established legal theories, to advocate for the voluntary acceptance of citizenship within Imperium Romanum as a means to counteract the unstoppable technological innovations in Web3 and FinTech that threaten individual autonomy and liberty. (shrink)

Abstract: The State of Nature, Prehistory, and Mythmaking Karl Widerquist This chapter provide an overview of two books, in which Grant S. McCall and I name, define, and debunk the following false claims that still play important roles in contemporary political theories although they are not always defined and defended explicitly: 1. The Hobbesian hypothesis: sovereign states and/or the liberal private property rights system benefits everyone (or at least harms no one) relative to how well they could reasonably (...) expect to live in the state of nature—i.e. a society lacking one or both of these institutions. 2. The appropriation hypothesis: private property in the form of liberal ownership rights develops naturally while collective, communal, common, or government-held property rights systems do not. 3. The natural inequality hypothesis: inequality is natural and inevitable, i.e. economic, social, and/or political equality cannot exist and/or cannot be created without a significant loss in negative freedom. 4. The market-freedom hypothesis: a market economy (and/or capitalism) is more consistent with negative freedom than any other economic system. The third and fourth of these claims are not obviously claims about prehistoric or small-scale societies, but they are universal claims about all societies and so they include claims about even the most remote and distant societies from contemporary thinking. (shrink)

The West German positivist dispute in the 1960s is well known and thoroughly studied. At about the same time positivist disputes also took place in two Scandinavian countries: one in Norway and one in Sweden. What did the front lines in the debate look like in the three countries? What was the outcome of the different disputes? The main focus in the article is on the Swedish case, but some comparative perspectives relating to the three disputes will also be presented. (...) The Swedish positivist dispute originated with Gerard Radnitzky’s doctoral dissertation in theory of science, defended at the University of Gothenburg in May 1968, Contemporary Schools of Metascience (2 volumes). The dissertation caused a stir of controversy. It meant a challenge to the Swedish philsophical establishment because it leaned heavily on continental philosophers such as Karl-Otto Apel and Jürgen Habermas, who at the time were more or less unknown in Sweden. The controversy was continuated in the following years, most notably in the leftist journal Häften för kritiska studier (Notebooks for Critical Studies). (shrink)

Cohen’s book is one of the founding publications of Analytical Marxism, aiming to reconstruct and in some cases reformulate some of Marx’s core claims using the rigorous tools of contemporary philosophy. The first part of the chapter analyzes Cohen’s defense of the controversial idea of historical materialism. Can the idea that history follows some underlying law of progress, which is central to Marx’s writing, stand up to scrutiny? This part of the chapter discusses, first, the radical challenges to historical materialism (...) formulated by rational choice Marxists such as Elster; second, a series of objections against functionalist explanation in the social sciences more generally; and, finally, some modifications Cohen made to his account of historical materialism in his later writings and in response to these critiques. The second part of the chapter analyzes Cohen’s conception of exploitation to illustrate the theoretical potential of Analytic Marxism more generally. (shrink)

This article starts by setting out the evaluative criteria provided by Will Kymlicka's liberal account of individual freedom and equality. Kymlicka's theory of cultural minority rights is then analysed using these criteria and found to be defective in two respects. First, his assignment of different rights to national and ethnic groups is shown to be inegalitarian with regard to generations after the first. Second, his recommendation of strong cultural protections is shown in some circumstances to undermine freedom and equality. (...) Towards the end of the article a policy of gradual and inclusive assimilation is described that may effectively promote the freedom and opportunities of members of cultural minorities. In conclusion, group-specific rights may, as Kymlicka says, be justified in liberal terms, but only where they differ in content from those he proposes. (shrink)

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...) almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions. (shrink)

This article aims to question the anti-individualist stance in Carl Schmitt's concept of the political by uncovering the historical bias of Schmitt's anti-individualism, seen here as one of the main driving forces behind his argument. For Schmitt, the political can take place only when a collectivity is able to declare war to another collectivity on the basis of feeling existentially threatened by the latter. As such, Schmitt's framework implies the inescapable possibility of war, as the condition which makes possible (...) the political. Acknowledging the previous criticisms of Schmitt raised by John Rawls and Iris Marion Young, this article takes a different path by pointing to certain historically tacit assumptions in 1927 Germany which Schmitt took for granted, but which are not suitable for a contemporary political theory. The demonstration is done first by showing how the structure of interruption functions in the works of Schmitt, then showing how he conceives of the individual as a possible interruption of the political in history, and then placing this structure of interruption in the historical context of Schmitt's writing. (shrink)

Can transformative law become an ambitious program for rethinking the theoretical basis for our understanding of law and its position in society? A program which explicitly goes beyond emotion and ideology. One way of dealing with both emotion and the devotion to ideology is, as also argued by Karl Mannheim back in 1926, to deploy an analytical lens, i.e. to substitute emotion and ideology with sophisticated theorizing. A form of theorizing which only is possible if deployed while maintaining proper (...) analytical distance to the object matter. On this background one might distinguish between three models of transformative law: Instrumentalization, Political Programming or Normative Selection, with the latter providing a third way between the two hitherto dominant approaches. (shrink)

In this article, we analyze the political ontology of the nation state in the context of the pandemic and cosider how the virus has been made a part of it. Our argument is that the discourse regarding a war on the virus embodies an attempt to control the chronic insecurity and anxiety caused by the pandemic. Combining the work of Coernelius Castoriadis and the affect theoretical approach of Andreja Zevnik and Brian Massumi, we build a framework through which (...) we make intelligible the foundational role played by historically constituted shared networks of meaning and the political ontology it creates, as well as the affects leaning on it in our reactions towards the pandemic. By analyzing Carl Schmitt's understanding of politics, we locate the political ontology framing the pandemic as an ontology of war. Through this, we make visible how the management of insecurity through the distinction between friend and enemy becomes an affective channel for the insecurity caused by the pandemic. (shrink)

Is there any place for morality and normative ethics in Marx's ideas? The attempt to answer this question has generated a long debate and a large number of studies. Most of them agree that Marx is ambiguous at this point because he oscillates between science and normativity. But the reasons for this contradictory attitude have not been clearly identified. A distinction between practical materialism and historical materialism, as two different theories that coexist in Marx's work, can be an effective way (...) to address the problem. While the former is inherently ethical, the scientism of the latter can hardly be associated with morality. Young Marx's practical materialism becomes subordinated to mature Marx's historical materialism, but never disappears. And its ethical-political content is rescued by revolutionaries like Gramsci and Mariátegui when they realize that historical materialism does not really lead to socialism. (shrink)

Irfan Ajvazi's forthcoming book from Idea Books (July, 2021): -/- "In Defense of Karl Marx seems the politics of the Left, the criticism of neo-liberalism, and the capitalist class of the powerful tyranny who brings inequalities and the discrimination of Working Class and the Workers. From the conception of freedom, Irfan looks the Politics of Neo-liberalism , Capitalism, and the Tyrannies as a destructive force in the ideological struggle, The Book calculate the economics of the communism and the History (...) of Philosophy, with a Hegelian Dialectics and Lacanian theory mixing also the rational argument of Spinoza and Kant.". (shrink)

In Nigeria, if the effects of development policies were felt by every Nigerian citizen, the search for respite would have assumed committed and prompt dimensions. Common hindrances to social development seem to be inflation, corruption, embezzlement, extreme ethnicity, selfishness and man's inhumanity to man. Nigeria has suffered exploitation in two phases: first in the colonial era, and second, during the post-colonial era, in which the nation is struggling against the forces of independent colonialism by its own people. Nigerians have (...) approached their struggles in various dimensions. Their criticisms have been registered freely in newspapers, magazines, radio and television. Yet, nothing has changed. Many have suffered different shades of attacks and embarrassment in the course of protest, while a few are doing it intellectually through some literary means. Chris Nwamuo, a Theatre Arts Administrator, a teacher, a playwright and a play director falls within this category. He has offered his voice as a cry for the underdogs of this society and has exhibited this attribute in several of his plays, one of which is The Prisoners. The play makes the author a "Marxist" in some way. The theory of class struggle forms the basis of modern socialism pioneered by Karl Mark, Friedrich Engels, as well as the conservative advocate of social reform, Lorenz Von Stein (Killian and Turner 279). The theory of class struggle, encapsulated in class-consciousness in its restricted sense, incorporates as a central feature, the burning conviction that members of a class suffer from a shared state of injustice. In the Marxian analysis, class-consciousness has always been understood as a political consciousness of one's own rational class interests and their opposition to the interest of other classes. (shrink)

El análisis del libro El Capital de Carl Marx, en relación a la idea deuda pública asociada a la de "capital gaseoso" en contraposición al capital de producción.

Review Essay of G. A. Cohen, Karl Marx’s Theory of History: A Defence (1978, 2000).

The notion of responsibility has come to play a leading role in both political discourse and political philosophy. Yasha Mounk’s The Age of Responsibility provides a wide-ranging exploration of this zeitgeist. As the author notes, ‘[t]his book stands at an unusual methodological intersection. It contains elements of intellectual history, social theory, comparative politics, and normative political philosophy’ (26). Philosophical theories of free will and moral luck battle for space with analyses of welfare conditionality and Obama’s speeches. The author navigates (...) this diverse terrain with skill, providing an authoritative survey of the recent history of an idea. (shrink)

The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role (...) of the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)