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)

"Capital is moved as much and as little by the degradation and final depopulation of the human race, as by the probable fall of the earth into the sun. Apres moi le deluge! is the watchword of every capitalist and of every capitalist nation" (Marx, CAPITAL Vol 1, 380-381).

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Picturing is a poorly understood element of Sellars’s philosophical project. We diagnose the problem with picturing as follows: on the one hand, it seems that it must be connected with action in order for it to do its job. On the other hand, the representational states of a picturing system are characterized in descriptive and seemingly static terms. How can static terms be connected with action? To solve this problem, we adopt a concept from recent work in Sellarsian metaethics: the (...) idea of a material practical inference, which (we argue) features centrally in how we picture. The key distinction is that the picturing of nonhuman animals involves only Humean material practical inference, in which representational states are corrected only by feedback from the environment and not from discursive interactions. The resulting view shows that Sellars’s contributions to practical philosophy (especially theory of action and metaethics) cannot be separated from his contributions to philosophy of mind, language, and cognitive science. Further, the view makes it clear that picturing is neither a version of the Given, nor is it a fifth wheel to inferential role in explaining representation, but is essential to Sellars’s model of how animals—including humans—represent their environment. (shrink)

The essay provides an account of the development of Reinach’s philosophy of “Sachverhalte” (states of affairs) and on problems in the philosophy of law, leading up to his discovery of the theory of speech acts in 1913. Reinach’s relations to Edmund Husserl and to the Munich phenomenologists are also dealt with.

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 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)

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)

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)

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)

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)

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)

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)

Although it was, until recently, unfashionable in certain circles to say this, Marx was not a philosopher in any interesting sense. He was a social theorist. As social theory, I am thinking primarily of two areas : the methodology of social inquiry, and its metaphysical presuppositions, and normative philosophy.

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)

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)

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.

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)

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

According to one large family of views, scientific explanations explain a phenomenon (such as an event or a regularity) by subsuming it under a general representation, model, prototype, or schema (see Bechtel, W., & Abrahamsen, A. (2005). Explanation: A mechanist alternative. Studies in History and Philosophy of Biological and Biomedical Sciences, 36(2), 421–441; Churchland, P. M. (1989). A neurocomputational perspective: The nature of mind and the structure of science. Cambridge: MIT Press; Darden (2006); Hempel, C. G. (1965). Aspects of scientific (...) explanation. In C. G. Hempel (Ed.), Aspects of scientific explanation (pp. 331–496). New York: Free Press; Kitcher (1989); Machamer, P., Darden, L., & Craver, C. F. (2000). Thinking about mechanisms. Philosophy of Science, 67(1), 1–25). My concern is with the minimal suggestion that an adequate philosophical theory of scientific explanation can limit its attention to the format or structure with which theories are represented. The representational subsumption view is a plausible hypothesis about the psychology of understanding. It is also a plausible claim about how scientists present their knowledge to the world. However, one cannot address the central questions for a philosophical theory of scientific explanation without turning one’s attention from the structure of representations to the basic commitments about the worldly structures that plausibly count as explanatory. A philosophical theory of scientific explanation should achieve two goals. The first is explanatory demarcation. It should show how explanation relates with other scientific achievements, such as control, description, measurement, prediction, and taxonomy. The second is explanatory normativity. It should say when putative explanations succeed and fail. One cannot achieve these goals without undertaking commitments about the kinds of ontic structures that plausibly count as explanatory. Representations convey explanatory information about a phenomenon when and only when they describe the ontic explanations for those phenomena. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

I argue that Sellars’s naturalization of Kant should be understood in terms of how he used behavioristic psychology and cybernetics. I first explore how Sellars used Edward Tolman’s cognitive-behavioristic psychology to naturalize Kant in the early essay “Language, Rules, and Behavior”. I then turn to Norbert Wiener’s understanding of feedback loops and circular causality. On this basis I argue that Sellars’s distinction between signifying and picturing, which he introduces in “Being and Being Known,” can be understood in terms of what (...) I call cybernetic behaviorism. I interpret picturing in terms of cycles of cybernetic behavior and signifying in terms of coordination between cybernetic behavior systems, or what I call triangulated cybernetic behavior. This leads to a formal, naturalistic understanding of personhood as the capacity to engage in triangulated cybernetic behavior. I conclude by showing that Sellars’s thought has the resources, which he did not exploit, for introducing the concept of second-order cybernetics. This suggests that Sellars’s philosophy of mind could be developed in the direction of autopoiesis and enactivism. (shrink)

This paper continues the defense of a version of scientific realism, Tautological Scientific Realism, that rests on the claim that, excluding some areas of fundamental physics about which doubts are entirely justified, many areas of contemporary science cannot be coherently imagined to be false other than via postulation of radically skeptical scenarios, which are not relevant to the realism debate in philosophy of science. In this paper we discuss, specifically, the threats of meaning change and reference failure associated with the (...) Kuhnian tradition, which depend on a descriptivist approach to meaning, and we argue that descriptivism is not the right account of the meaning and reference of theoretical terms. We suggest that an account along the lines of the causal-historical theory of reference provides a more faithful picture of how terms for unobservable theoretical entities and properties come to refer; we argue that this picture works particularly well for TSR. In the last section we discuss how our account raises concerns specifically for perspectival forms of scientific realism. (shrink)

Some philosophers writing on the possibility of faultless disagreement have argued that the only way to account for the intuition that there could be disagreements which are faultless in every sense is to accept a relativistic semantics. In this article we demonstrate that this view is mistaken by constructing an absolutist semantics for a particular domain – aesthetic discourse – which allows for the possibility of genuinely faultless disagreements. We argue that this position is an improvement over previous absolutist responses (...) to the relativist's challenge and that it presents an independently plausible account of the semantics of aesthetic discourse. (shrink)

Several attempts have been made to apply the choice-sensitive theory of distributive justice, luck egalitarianism, in the context of health and healthcare. This article presents a framework for this discussion by highlighting different normative decisions to be made in such an application, some of the objections to which luck egalitarians must provide answers and some of the practical implications associated with applying such an approach in the real world. It is argued that luck egalitarians should address distributions of health (...) rather than healthcare, endorse an integrationist theory that combines health concerns with general distributive concerns and be pluralist in their approach. It further suggests that choice-sensitive policies need not be the result of applying luck egalitarianism in this context. (shrink)

Critics of luck egalitarianism have claimed that, far from providing a justification for the public insurance functions of a welfare state as its proponents claim, the view objectionably abandons those who are deemed responsible for their dire straits. This article considers seven arguments that can be made in response to this ‘abandonment objection’. Four of these arguments are found wanting, with a recurrent problem being their reliance on a dubious sufficientarian or quasi-sufficientarian commitment to provide a threshold of goods (...) unconditionally. Three arguments succeed, showing that luck egalitarians have good reasons for assisting ‘negligent victims’ on account of changes that may occur in an individual between the time of their choice and their subsequent disadvantage, bad option luck, and doubts about free will and responsibility. Luck egalitarianism is therefore shown to offer strong support for public insurance. (shrink)

According to orthodoxy, the most fundamental kind of causation involves one event causing another event. I argue against this event‐causal view. Instead, the most fundamental kind of causation is thing causation, which involves a thing causing a thing to do something. Event causation is reducible to thing causation, but thing causation is not reducible to event causation, because event causation cannot accommodate cases of fine‐grained causation. I defend my view from objections, including C. D. Broad's influential “timing” argument, and I (...) conclude with implications for agent‐causal theories of free will. (shrink)

The method of reflective equilibrium focuses on the relationship between principles and judgments. Principles are relatively general rules for comprehending the area of enquiry. Judgments are our intuitions or commitments, ‘at all levels of generality’ (Rawls 1975: 8), regarding the subject matter. The basic idea of reflective equilibrium is to bring principles and judgments into accord. This can be achieved by revising the principles and/or the judgments. -/- I first look at normative political judgments (Section 2) before considering the role (...) of principles, arguments, devices of representation and background theory in wide reflective equilibrium (Section 3). I then consider two of the main challenges to the method (Section 4), and show how to use it to deliberate about substantive political principles (Section 5). I conclude with an extended example of the method in action (Section 6). (shrink)

Skeptical worries about moral responsibility seem to be widely appreciated and deeply felt. To address these worries—if nothing else to show that they are mistaken—theories of moral responsibility need to relate to whatever concept of responsibility underlies the worries. Unfortunately, the nature of that concept has proved hard to pin down. Not only do philosophers have conflicting intuitions; numerous recent empirical studies have suggested that both prosaic responsibility judgments and incompatibilist intuitions among the folk are influenced by a number of (...) surprising factors, sometimes prompting apparently contradictory judgments. In this paper, we show how an independently motivated hypothesis about responsibility judgments provides a unified explanation of the more important results from these studies. According to this ‘Explanation Hypothesis’, to take an agent to be morally responsible for an event is to take a relevant motivational structure of the agent to be part of a significant explanation of the event. We argue that because of how explanatory interests and perspectives affect what we take as significant explanations, this analysis accounts for the puzzling variety of empirical results. If this is correct, the Explanation Hypothesis also provides a new way of understanding debates about moral responsibility. (shrink)

I argue that Sellars’s distinction between signifying and picturing should be taken seriously by philosophers of mind, language, and cognition. I begin with interpretations of key Sellarsian texts in order to show that picturing is best understood as a theory of non-linguistic cognitive representations through which animals navigate their environments. This is distinct from the kind of discursive cognition that Sellars called ‘signifying’ and which is best understood in terms of socio-linguistic inferences. I argue that picturing is required because (...) reflection on signifying cannot adequately explain our need for cognitive friction. I then show how the idea of picturing is further developed by Paul Churchland, Ruth Garrett Millikan, and Huw Price. I finally turn to predictive processing as a theory of cognitive representation, and in particular Andy Clark’s ‘radical predictive processing’, to further characterize picturing. However, doing so has the cost of pushing picturing and signifying further apart than Sellars intended. (shrink)

Many political philosophers maintain that beneficiaries of injustice are under special obligations to assist victims of injustice. However, the examples favoured by those who endorse this view equally support an alternative luck egalitarian view, which holds that special obligations should be assigned to those with good brute luck. From this perspective the distinguishing features of the benefiting view are (1) its silence on the question of whether to allocate special obligations to assist the brute luck worse off to those who (...) are well off as a matter of brute luck but not as a result of injustice, and (2) its silence on the question of whether to allocate assistance to those who are badly off as a matter of brute luck but not as a result of injustice. In this new light, the benefiting view is harder to justify. (shrink)

Animal ethics has often been criticized for an overreliance on “ideal” or even “utopian” theorizing. In this article, I recognize this problem, but argue that the “nonideal theory” which critics have offered in response is still insufficient to make animal ethics action-guiding. I argue that in order for animal ethics to be action-guiding, it must consider agent-centered theories of change detailing how an ideally just human-animal coexistence can and should be brought about. I lay out desiderata that such a (...) theory of change should suffice so as to be helpful in guiding action. Specifically, a theory of change should determine (1) who needs to do what in order for ideal justice to be achieved in the long run, (2) who should be expected to refuse compliance and how they should be moved to comply, and (3) why specific intermediate steps are necessary. I show how previous “nonideal” contributions, though helpful in other ways, are insufficiently determinate on these points and I sketch a (still somewhat utopian) theory of change for one specific context. This brings animal ethics a crucial step closer to being action-guiding in the real world. (shrink)

Sometimes neuroscientists discover distinct realizations for a single psychological property. In considering such cases, some philosophers have maintained that scientists will abandon the single multiply realized psychological property in favor of one or more uniquely realized psychological properties. In this paper, we build on the Dimensioned theory of realization and a companion theory of multiple realization to argue that this is not the case. Whether scientists postulate unique realizations or multiple realizations is not determined by the neuroscience alone, (...) but by the psychological theory under examination. Thus, one might say that, in the splitting or non-splitting of properties, psychology enjoys a kind of autonomy from neuroscience. (shrink)

According to all-luck egalitarianism, the differential distributive effects of both brute luck, which defines the outcome of risks which are not deliberately taken, and option luck, which defines the outcome of deliberate gambles, are unjust. Exactly how to correct the effects of option luck is, however, a complex issue. This article argues that (a) option luck should be neutralized not just by correcting luck among gamblers, but among the community as a whole, because it would be unfair for gamblers as (...) a group to be disadvantaged relative to non-gamblers by bad option luck; (b) individuals should receive the warranted expected results of their gambles, except insofar as individuals blamelessly lacked the ability to ascertain which expectations were warranted; and (c) where societal resources are insufficient to deliver expected results to gamblers, gamblers should receive a lesser distributive share which is in proportion to the expected results. Where all-luck egalitarianism is understood in this way, it allows risk-takers to impose externalities on non-risk-takers, which seems counterintuitive. This may, however, be an advantage as it provides a luck egalitarian rationale for assisting ‘negligent victims’. (shrink)

In recent years, several philosophers - including Joshua Gert, Douglas Portmore, and Elizabeth Harman - have argued that there is a sense in which morality itself does not treat moral reasons as consistently overriding.2 My aim in the present essay is to develop and extend this idea from a somewhat different perspective. In doing so, I offer an alternative way of formalizing the idea that morality is modest about the weight of moral reasons in this way, thereby making more explicit (...) the connections between this thesis and similar issues in the epistemic sphere. In addition, I discuss how these ideas can transform our thinking about familiar questions in ethics such as the nature of self-effacement, the significance of reflective endorsement, the weight that moral reasons ought to be given in all things consideration, and the plausibility of “indirect” moral theories. Finally, I show that these ideas are compatible even with pictures of morality – such as Kant’s – on which morality might seem to anything but modest about its own importance. In doing so, I stress that it is possible to see morality as modest about the weight of specifically moral reasons, while also seeing all practical reasons as grounded in morality more indirectly – namely, by seeing morality as determining the weight that both moral and non-moral considerations deserve to have in all things considered deliberation. (shrink)