Hans Kelsen's thorough critique of Eric Voegelin's "New Science of Politcs" is - in my oppinion - the best commentary on Voegelin that has been written so far.

Hans Kelsen's thorough critique of Eric Voegelin's "New Science of Politcs" is - in my oppinion - the best commentary on Voegelin that has been written so far.

Short introduction to the V2 publication of "The War of Appearances: Transparency, Opacity, Radiance" (2016). An anthology with Matteo Pasquinelli, Luciana Parisi, Graham Harman, Tomas Saraceno, René ten Bos, Tim Morton, and many others.

A teoria do Direito internacional de Kelsen é monista, ou seja, o autor reúne a legislação nacional e internacional em um único sistema normativo. Com isso, descarta o dualismo e promove uma tese fundada no princípio lógico da não-contradição, traduzido juridicamente para o princípio da imputação. Por essa afirmação, o Direito internacional, considerando o primado estadual, existe a partir do reconhecimento interno da validade da legislação externa; mais, a recepção dos acordos internacionais na legislação nacional acopla internamente o Direito (...) internacional, com seus tratados bi/multilaterais, pactos, instituições, costumes e tribunais. A teoria de Kelsen torna-se complexa, porém, quando, indagando o inverso dessa premissa, o Direito internacional posto e eficaz, já inserido internamente, não reconhece a validade normativa de eventual interpretação ou norma interna e atua como agente determinante da ordem jurídica nacional. Com isso, o Direito externo torna-se decisivo desse mesmo sistema jurídico interno, não necessariamente por uma ação coercitiva, mas por intermédio do seu reconhecimento da validade da legislação interna. Vimos esse fenômeno materializar-se no caso dos dois presidentes simultâneos da Venezuela: tanto o presidente Nicolás Maduro, quando o presidente Juan Guaidó, foram formalmente designados, por países e instituições distintas, como governantes válidos. Sendo assim, o objetivo do livro consiste em compreender esse fenômeno de reconhecimento externo dos sistemas normativos nacionais através da segunda edição da Teoria de pura do Direito como marco teórico. Igualmente, utiliza-se do estudo de caso sobre a determinação do presidente válido da Venezuela como elemento empírico e de falseabilidade. Com isso, defende a hipótese da necessidade do reconhecimento normativo-objetivo do Estado a partir da formação do Direito internacional, independentemente de seu primitivismo. Os quatro primeiros capítulos, na primeira seção, estabelecem uma interpretação sobre a obra de Kelsen, focada em seu aspecto internacionalista. Nos quatro últimos, na seção II, submeto as conclusões teóricas ao caso concreto, falseando-as ou não conforme seu teste empírico. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in (...) a normative way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

Bad jokes are not simply non-humorous texts. They are texts that are humorous for someone––their author at least––but not for their audience. Bad jokes thus involve a contextual––pragmatic––dimension that is neglected in the semantic theories of humor. In this paper, we propose an approach to humor based on the Aristotelian notion of surprising enthymemes. Jokes are analyzed as kinds of arguments, whose tacit dimension can be retrieved and justified by considering the “logic” on which it is based. (...) However, jokes are based on specific pragmatic conditions: they are regarded as arguments grounded on a generalization that is at the same time uncommon, retrievable, and acceptable or plausible for the audience. This perspective integrates the “local logic” of jokes within a broader rhetorical theory that ultimately rests on the communicative notion of common ground. (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)

The present essay argues that Bergson’s account of the comic can only be fully appreciated when read in conjunction with his later metaphysical exposition of the élan vital in Creative Evolution and then by the account of fabulation that Bergson only elaborates fully three decades later in The Two Sources of Morality and Religion. The more substantive account of the élan vital ultimately shows that, in Laughter, Bergson misses his own point: laughter does not simply serve as a means for (...) correcting human behavior but is rather the élan vital’s vital summons, the demand of life itself, that human beings challenge their obligations, question their societal forms, and thereby create new and, for Bergson, more ideal forms of life and community. (shrink)

“What is appreciation?” is a basic question in the philosophy of art, and the analogy between appreciating a work of art and getting a joke can help us answer it. We first propose a subjective account of aesthetic appreciation (I). Then we consider jokes (II). The difference between getting a joke and not, or what it is to get it right, can often be objectively articulated. Such explanations cannot substitute for the joke itself, and indeed may undermine the very (...) power of the joke to evoke an appropriate response. Sometimes the discourse of art critics can have a similar effect. We therefore explore the analogy between getting jokes and appreciating works of art (III), and find it unexpectedly strong. Finally (IV), we consider Wittgensteinian grounds for thinking as we do, considering the language game of joke-telling, the relevance of seeing aspects, and giving reasons. (shrink)

A widely circulated list of spurious proof types may help to clarify our understanding of informal mathematical reasoning. An account in terms of argumentation schemes is proposed.

In two very influential papers from 2008, Tamar Gendler introduced the concept of “alief” to describe the mental state one is in when acting in ways contrary to their consciously professed beliefs. For example, if asked to eat what they know is fudge, but shaped into the form of dog feces, they will hesitate, and behave in a manner that would be consistent with the belief that the fudge is really poop. They alieve that it is disgusting, while they believe (...) it is not. This paper investigates laughter from self-proclaimed egalitarian, tolerant folk, in response to oppressive jokes that might fit the alief-model. If I merely alieve the content of a joke at which I laugh, will that constitute morally exculpating reasons for such laughter? And what else might it imply? This paper will provide insights at the intersections of humor studies, ethics, epistemology, phenomenology, and the philosophy of mind, all while being moderately and appropriately amusing. (shrink)

If reification is the projection of a false, thing-like appearance onto society, what is de-reifying critique supposed to reveal? After distinguishing between versions of reification based on a social ontology of will from those that think of the social as a normatively constituted domain, I argue that Lukács’ work on reification fudges this distinction through his account of class. I then turn to the debate between Schmitt and Kelsen, where the will-versus-norm issue is central. I argue that the consonance (...) between ideas about reification and will-based theories like Schmitt’s is superficial, as the latter relies on identification with authority for its account of normativity, making Kelsen’s ideas about normativity stemming from an orientation toward intersubjective process more convivial. I note, however, that norm-based accounts are less amenable to radical change than will-based ones, making the link between de- reification and radical politics less direct than is often thought. (shrink)

O artigo analisa a leitura crítica de Hans Kelsen acerca da concepção jurídico-política de Thomas Hobbes, considerando críticas posteriores à própria interpretação de Kelsen. Para tanto, investigou-se primeiramente a posição de Kelsen sobre o jusnaturalismo buscando esclarecer conceitos centrais como os do ser e dever-ser e como o autor os associa a Hobbes. Nesse sentido, observouse a limitação da leitura de Kelsen em relação à filosofia jurídica do autor – uma doutrina jusnaturalista metafísica, tendo na regra (...) de ouro o fundamento natural para o direito positivo. Em contraposição, procurou-se apresentar uma postura crítica, que contesta a posição jusnaturalista atribuída a Hobbes e sustenta a tese de que o autor inglês é um precursor do positivismo jurídico. (shrink)

O artigo tem como objetivo apresentar o problema da determinação do sentido das normas para o Kelsen considerando a flexibilidade do quadro de interpretações. Expõe, primeiramente, a suposta transição do conceito de interpretação normativa, passando de um formalismo-normativismo restritivo para um realismo jurídico a partir das suas últimas obras; em um segundo momento apresenta o decorrente conflito ainda atual constituído por essas reformulações. Finalmente, defende a hipótese de superação da dicotomia formalismo-normativismo versus realismo jurídico através de uma leitura realista (...) normativista. (shrink)

O presente artigo aborda o problema da soberania para Hans Kelsen. Tem como objetivo analisar a posição do autor sobre o tema (especialmente através do texto Sovereignty), traçando paralelamente algumas considerações. Ocorre que para Kelsen o conceito de soberania mostra-se impreciso a partir da doutrina tradicional. Ainda, mesmo superando essa doutrina e a teoria dualista, também o conteúdo do direito nacional e internacional permanece inalterado. Portanto, prova-se a irrelevância de tal para a teoria jurídica.

A separação entre o ser, isto é, o ato, e o dever-ser, ou seja, o sentido de comando, permissão etc.. do ato é parte fundamental para o entendimento da epistemologia proposta por Hans Kelsen. Dessa discriminação entre o ser e o dever-ser há o principal argumento do autor para a separação do direito das ciências causais e, principalmente, a superação da falácia naturalista no âmbito teórico e moral. Nesse sentido, também o artigo se propôs a analisar a refutação de (...) Kelsen a doutrinas morais e jurídicas negadoras de tal distinção e, consequentemente o reflexo de tal posicionamento na perspectiva da responsabilidade. (shrink)

A separação entre o ser, isto é, o ato, e o dever-ser, ou seja, o sentido de comando, permissão etc.. do ato é parte fundamental para o entendimento da epistemologia proposta por Hans Kelsen. Dessa discriminação entre o ser e o dever-ser há o principal argumento do autor para a separação do direito das ciências causais e, principalmente, a superação da falácia naturalista no âmbito teórico e moral. Nesse sentido, também o artigo se propôs a analisar a refutação de (...) Kelsen a doutrinas morais e jurídicas negadoras de tal distinção e, consequentemente o reflexo de tal posicionamento na perspectiva da responsabilidade. (shrink)

Hans Kelsens Critique of Eric Voegelins "New Science of Politics" has for a long time been very difficult to access, because Kelsen has published only parts of it in his life time and left other parts unpublished. This allowed Voegelin to spread the myth that Kelsen had refrained from publishing his criticism, because he had understood that he was wrong. This is nonsense. The reasons why Kelsen left part of his criticism unpublished are mostly accidental. At the (...) same time Kelsens criticism itself is a very sound rejection of Voegelin's hopelessly flawed theory of modernity as an age of Gnosticism. In this Nachwort to the Edition of Kelsen's Voegelin-criticism I summarize and comment the most important points of Kelsens criticism: 1. Kelsen's take on Voegelin's criticism of positivism. 2. Kelsen's rejection of Voegelin's "theory of representation" which is in fact a rejection of democratic representation in favor of an authoritarian and theocratic model of politics and 3. Kelsen's refuation of Voegelin's explanation of political disorder in the 20th century as a result of Gnostic heresy. My conclusion is that Kelen's criticism is successful (with only very minor qualifications) in all of these points and that thus it is an important contribution to the discussion of Voegelin's scholarship which has until recently been almost entirely apologetic. (shrink)

Com este artigo procura-se introduzir a questão da origem social das normas morais e jurídicas a partir da obra de Hans Kelsen e solucionar, de forma breve, o problema da conciliação do método lógico-transcendental da Teoria pura com a filosofia positivista e empirista do autor.

In his “Noesis and Logos in the Eleatic Trilogy, with a Focus on the Visitor’s Jokes at Statesman 266a-d,” Mitchell Miller explores the interplay of intuition and discourse in the Statesman. He prepares by considering the orienting provocations provided by Socrates’ refutations of the proposed definition of knowledge — namely, “true judgment and a logos” — in the closing pages of the Theaetetus, by the Eleatic Visitor’s obscure schematization at Sophist 253d-e of the kinds of eidetic field discerned by (...) dialectic, and by his discussion at Statesman 277a-278e of the use of paradigms. Miller then seeks to show how the Visitor’s odd medley of geometrical and Homeric jokes at Statesman 266a-d aims, in the language of the Seventh Letter, to “spark” an intuition of the nature of statesmanship, an intuition whose “self-nourishing” motivates the subsequent rejection of the initial definition of the statesman as shepherd of the human herd, the turn to the paradigm of the weaver, and the rejection of bifurcatory division in favor of the non-bifurcatory account of the kinds of art that function as the “limbs” of a well-formed city. (shrink)

This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a (...) norm. Although legal existence is said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)

A presente dissertação tem como tema central a proposta da abordagem hermenêutica da decisão judicial em Hans Kelsen considerando seu relativismo filosófico. No primeiro momento expõe a concepção de decisão judicial no autor e as suas reformulações conceituais no decorrer das suas obras – as passagens do formalismo normativista das primeiras obras até o ceticismo de regras na Teoria geral das normas. Também propõe a dissolução entre as leituras formalistas e realistas através da possibilidade de uma leitura realista moderada. (...) Após expõe a filosofia relativista do autor e seu resultado na exclusão dos elementos da moralidade do conceito de direito. Finalmente deduz regras de interpretação a partir de uma visão abrangente das obras do autor. O objetivo da dissertação, nesse sentido, é analisar a dinâmica da criação normativa pelo judiciário, a discricionariedade daí resultante e a possibilidade de interpretar os vários sentidos das normas sem recorrer a qualquer moralismo para tal. (shrink)

We live in a world that witnesses an ongoing war between an entitled audience and, for the purposes of this paper, comedians who are too afraid to be vocal in their acts. There is no better time to try and understand the journey of humor- how it has fared in history and how people have reacted to it over time. This paper focuses on the philosophical implications of a joke by trying to break down the concept of humor to its (...) fundamentals. (shrink)

Mobsters and others engaged in risky forms of social coordination and coercion often communicate by saying something that is overtly innocuous but transmits another message ‘off record’. In both ordinary conversation and political discourse, insinuation and other forms of indirection, like joking, offer significant protection from liability. However, they do not confer blanket immunity: speakers can be held to account for an ‘off record’ message, if the only reasonable interpreta- tions of their utterance involve a commitment to it. Legal liability (...) for speech in the service of criminal behavior displays a similar profile of significant protection from indirection along with potential liability for reasonable interpretations. Specifically, in both ordinary and legal contexts, liability depends on how a reasonable speaker would expect a reasonable hearer to interpret their utterance in the context of utter- ance, rather than on the actual speaker’s claimed communicative intentions. (shrink)

Metaphorical statements surprise us as literal falsehoods, but the interpretation reveals a special motive for the figurative use of the language. Donald Davidson objects to nonliteral meaning: “to suppose a metaphor can be effective only by conveying a coded message is like thinking a joke or a dream makes some statement which a clever interpreter can restate in plain prose.” Taking this remark as my starting point I analyze interpretative strategies for metaphors, jokes, riddles and counterfactual conditionals – all (...) of them involve an initial incongruity and most of them require a certain blending of two different domains. I suggest that the ability to interpret metaphors is based on our ability to apprehend a special cognitive content associated with metaphors. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be (...) of more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means (...) to achieve the end of peace, is – in view of the tradition running from Hobbes to Kant – still not very innovating. But the primary and central role he assigns to the judiciary in order to guarantee international peace is on the other hand really original. To bring out Kelsen’s juridical objectivism and pacifism, I restrict myself in this article to his plea before and during the second World War for the judicial primacy in the international legal order. In that plea, which is spread over many writings and founded by several arguments, I distinguish however three main convincing arguments – namely an evolutionary, a technical and a moral-political argument – for the establishment of an international court with compulsory jurisdiction as the ‘guardian of international peace’. The fact that Kelsen’s original plea is still relevant to our times, is already evident from the post-World War II UN-system of peace-enforcement, which still functions little satisfactorily and of which the existing plans of reform go no further than strengthening the position of the Security Council, the current hardly effective ‘maintainer of world peace’. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also (...) meaningful. The first paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important (...) function of the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

The published works of scientists often conceal the cognitive processes that led to their results. Scholars of mathematical practice must therefore seek out less obvious sources. This article analyzes a widely circulated mathematical joke, comprising a list of spurious proof types. An account is proposed in terms of argumentation schemes: stereotypical patterns of reasoning, which may be accompanied by critical questions itemizing possible lines of defeat. It is argued that humor is associated with risky forms of inference, which are essential (...) to creative mathematics. The components of the joke are explicated by argumentation schemes devised for application to topic-neutral reasoning. These in turn are classified under seven headings: retroduction, citation, intuition, meta-argument, closure, generalization, and definition. Finally, the wider significance of this account for the cognitive science of mathematics is discussed. (shrink)

Introduction: Sexual harassment involves an assortment of coercive behaviors, including physical force, intimidation, and various forms of compulsion, including verbal harassment and forced penetration [1]. Sexual abuse can happen to both men and women. In the United Kingdom(UK), the problem of child sexual abuse (CSA) has epidemic proportions and is a global public health issue [2]. 53,874 incidents were reported under the 2012 Protection of Children from Sexual Offences Act as of 2021 [3]. to their ignorance about puberty, sexuality, and (...) fundamental human biological changes, adolescents have a very difficult time addressing their SRH demands. These underlying causes contribute to high rates of teen pregnancy, STIs, sexual assault, poor negotiating skills, forced marriage, and high fertility rates [4]. -/- Methods: The study used a quantitative technique and a descriptive cross-sectional design. Students at Jahangir Nagar University and the American International University of Bangladesh were the intended target group. Jahangir Nagar University and American International University of Bangladesh served as the study locations. The six-month trial period ran from January 2022 through June 2022. For this investigation, primary sources of data were used. The study unit was the individual student. Non-probability (purposive) sampling techniques were used for the investigation. -/- Results: The majority of survey participants (N=81) 62.2% were aged between 19 and 21 years old, and there was a statistically significant difference in age between students at public and private universities. None of our study participants suffered from any kind of sexual abuse, though they mentioned hearing about it. Regarding the view of sexual abuse, public universities 23% of those polled claimed sexual abuse as a justification for sharing inappropriate photos. At private universities, the response rate for crude jokes is 32.5%. Only the least number of public (2%) and private university (10%) students took part in sexual abuse-related awareness or training programs. Regarding the rights to receive training for prevention and safeguarding from sexual abuse, only 28% of the public and 40% of the private university students replied in affirmative. -/- Conclusion: Sexual harassment is a sensitive issue, though due to various reasons, the rate of reporting and providing justice to the victims is delayed all over the world including Bangladesh. There social, religious, and policy lacking in this context. -/- . (shrink)

Could having a sense of humor be a virtue? In this paper, we argue for an affirmative answer to this question. Like other virtues, a sense of humor enhances and inhibits the expression of various emotions, especially amusement, contempt, trust, and hope. Someone possesses a virtuous sense of humor to the extent that they are well-disposed to appropriately enhance or inhibit these emotions in themselves and others through both embodied reactions (e.g., smiling, laughter, eyerolls) and language (e.g., telling jokes, (...) understanding others’ jokes, etc.). Regarding the aims or purposes of a sense of humor, we argue that a sense of humor aids both its bearer and other people who are socially connected to the bearer with coping, connection, capability, and criticism. If this is on the right track, then the value of a sense of humor is pluralistic: a sense of humor doesn’t do just one thing, but several things simultaneously. We then explore four contexts in which a sense of humor is especially needed, namely hardship, social relationships, social and political cooperation, and existential reflection. (shrink)

My objective here is to give an account of self-deprecating humor—examining what works, what doesn't, and why—and to reflect on the significance of the audience response. More specifically, I will be focusing not only on the purpose or intention behind self-deprecating jokes, but considering how their consequences might render them successful or unsuccessful. For example, under what circumstances does self-deprecation tend to put listeners at ease, and when is this type of humor more likely to put people off? I (...) will also consider the ways in which self-deprecating jokes are similar to gallows humor, and the extent to which context counts. The target or "butt" of these jokes, in cases of self-deprecation as well as gallows humor, will be explored; as will whether or not the audience bears some responsibility or has a role to play in the ultimate success or failure of a joke. For instance, is the audience role a completely receptive and passive one? Is the joker/jokee relationship one which confers no responsibility on the listener whatsoever? Or, do listeners have an obligation to respond with appreciative laughter to mere attempts at humor, especially the self-deprecating sort, by accepting such levity in the spirit in which it is intended? Does this mean that being a good sport—responding generously or appreciatively when a well-intentioned joke fails to land—would be a habit worth cultivating? If so and courtesy laughter or a playful appreciation of self-deprecating humor is something that can be cultivated, what specifically would that entail? In sum, although I cannot fully or definitively answer each and every one of these questions, I do hope to provide some provisional responses. To better situate the nature of self-deprecation, I will not only provide a brief description of the gallows genre, I will also explore two traditional theories of humor. Those that are particularly relevant, to both gallows and self-deprecating humor are Freud's relief theory and the incongruity view. In addition, I will identify what I believe to be the three essential ingredients of successful self-deprecation and, finally, will conclude with the argument that audiences or listeners do have an important role to play. And, moreover, that generous, appreciative laughter can and should be cultivated—even though this is something that will largely depend on one's personal history and habits, dispositional character and cultural background. (shrink)

In this paper, I intend to deny the morality and instrumentality of the behavior known as bestiality, or the use of non-human animals for sexual gratification by human beings. While to most modern peoples, this hardly even seems like it should be in question, it should be the nature of the human mind to occasionally question long-standing traditional moray in the hopes of finding solutions to problems and the disbanding of superstition. It has been proposed that the moral question, and (...) by extension the legal question, of bestiality is based on traditions long outlived and unnecessary. In an IceNews.is article written in 2008, Norwegian lawyers were growing concerned over the prevalence of animal brothels in Denmark and the precedent it set for Norway [http://www.icenews.is, 2008]. The article, when coupled with the 2001 article title “Heavy Petting” by prominent Utilitarian philosopher, Peter Singer, proves that the issue of bestiality is no longer the purview of jokes and psychological discussions. I will argue against bestiality as a socially acceptable practice based on five standard premises. The standard premises I will present will contain notes in regard to: instrumentality; consent; disease transmission; deviance; and morality. There is significant work available on the harm done to the beast, so aside from brief summary; the question of the good of the beast is not in the focus. I will also ignore any religious concerns, either surrounding morality or freedom of practice. Instead, these arguments are in support of the moral identity of the individual and of society as a whole. (shrink)

contents -/- ONT vol 1 i. short review: Beyond the Black Rainbow ii. as you die, hold one thought iii. short review: LA JETÉE -/- ONT vol 2 i. maya means ii. short review: SANS SOLEIL iii. vocab iv. eros has an underside v. short review: In the Mood for Love -/- ONT vol 3 i. weed weakens / compels me ii. an Ender's Game after-party iii. playroom is a realm of the dead iv. a precise german History v. short (...) review: STATUES ALSO DIE vi. Kenneth Clark, curator for Fascism vii. a protest poem, in industry lit viii. Lawrence and the English Romance -/- ONT vol 4 i. short review: The Eyes of Tammy Faye ii. vR is efficient R iii. all thru Asia, robes for monks iv. same of God, and of the one God sent v. i thought of the Messiah / muse would be vi. conscience is strong vii. a monk's exalted end -/- ONT vol 5 -/- i. for Shakespeare's Richard the Third ii. the truth is i pass over so many words iii. the boori nazar / nadhar iv. i've awe for jihaad v. short review: Hail, Caesar! vi. a minute of Nothing, gone from YouTube vii. we were rivalrous friends, again viii. my bardo pdf ix. within i'm a weak old mandarin -/- ONT vol 6 i. short review: The Intern ii. the confusion of Chinatown iii. we'll remember water, in Theology iv. Respironics versus ResMed v. i'd bet my life for what vi. the Mad Max deity vii. they'd kill my rat, not heal him -/- ONT vol 7 i. Austen would eroticize all life ii. Merchant/Ivory, a name oddly right iii. Ellie Arroway / Agent Starling iv. abattoir / l’abattoir / laboratoire v. von Neumann's brain an anomaly vi. was terrified of death, delighted in the a-bomb vii. the Greatest Brain is variously named -/- ONT vol 8 i. the day they shot the sacrifice ii. Yay or Nay, on Animal Testing iii. an ought is an is / an is is an ought iv. Behaviorism is for zombies v. a finding from the neuro-lab, on empathy vi. i’ve never had discernible abs vii. a cowardice i'm assenting to perpetually -/- ONT vol 9 i. Day of the Locust / Triffids ii. we're wide on a Paramount soundstage iii. HOLLYWOOD, an ecologic history iv. yet one more site of end-time art v. he's "a bookworm with bulging lobes" vi. apartment is my state of being apart vii. enlightenment means a weight's release -/- ONT lates and xtras i. re Gödel's ontological argument ii. deep in pi's numeric noise iii. from Nothing, something iv. endless in the wrong direction, tragic v. they give you all Eternity to answer vi. what of God's mercy? vii. informed consent and prayer viii. i won't live on. a deed i've done may ix. my selective memory x. Janus means: in close-up foam, two faces xi. a liveable world is a readable world xii. what Supervenes from this? xiii. at each extreme our naming is anachronism xiv. Cat is a collapsing of the wave-function xv. diminishing returns in the history of Experiment xvi. all those undershared Nobels xvii. ice preserves the Cold from heat xviii. a desert spreads xix. Pinker's wit, on jokes xx. Rome surrounds St. Paul / Paul is now the center xxi. each is a gathering Ministry xxii. white boy shot execution-style xxiii. the McDonald's Statement of Claim xxiv. first & last: Don Quixote / Ulysses xxv. The Summer of Rave xxvi. this electro is intrinsically anonymous xxvii. all thru Asia, Drake-Rihanna xxviii. WHO IS BETTER: PLATON OR KANT? (shrink)

Are the long, wildly inventive etymologies in Plato’s Cratylus just some kind of joke, or does Plato himself accept them? This standard question misses the most important feature of the etymologies: they are a competitive performance, an agôn by Socrates in which he shows that he can play the game of etymologists like Cratylus better than they can themselves. Such show-off performances are a recurrent feature of Platonic dialogue: they include Socrates’ speeches on eros in the Phaedrus, his rhetorical discourse (...) in the Menexenus, and his literary interpretation in the Protagoras. The paper compares these cases to work out the ground rules, purposes and implications of the Platonic agôn, and the Cratylus etymologies in particular. (shrink)

In this response to eight commentaries on my article “Kelsen, Hart, and legal normativity” I clarify some points in my original analysis and agree with some comments regarding work that still needs to be done. In particular, I attempt to distinguish my position from both Berkeleyan idealism and mere subjective perception. I agree with the commentators who urge that more must be done to analyze the nature of normativity in general, and legal normativity in particular.

Meontology of Gorgias vs. Nihilism. The purpose of this paper is to challenge Gorgias’ image of a “nihilist existentialist”. The original thesis ouden estin, too frequently rendered as „nothing exists”, thus reducing the verb “to be” to denote “bare” existence, and ouden to denote “nothingness”. On close inspection, it turns out that, in Gorgias, neither do we have a negation of reality nor an affirmative treatment of the word “nothingness”.Therefore, ouden” should not be understood as a negation of all reality (...) or a kind of affirmative “nothingness”, whereas “estin” should not be reduced to “bare” existence. (When existence is negated what we obtain is annihilation). Such practices still affect the various translations of Gorgias’ treaty On the non-being or on Nature. Gorgias’ “sophist” thought is typically interpreted as a joke or a parody of dialectical thinking of the Eleatics. In fact, as it turns out, he made no parody of dialectic but applied the elenctic, apagogic method in Zeno’s masterly manner. He did so not for an artificial purpose but to prove the absurdity of the hypothesis of absolute, transcendent (hence incognizable) one Truth-Being, which eliminates the non-being of becoming as absolute non-being. Gorgias argued in earnest in favour of relative being as such, Becoming as the only reality, which from the point of view of absolute being is after all non-being, but not-this-being, or relative non-being but not non-relative non-being, as the Eleatics had claimed. Gorgias’ positions appears to be an apologia of non-being which is, that is of Becoming. We do not transform the “nothing” into a “no thing”. The main question of the treaty is: what is predicated by the word “nothing”? Gorgias’ position can be recapitulated as “nothing is sc. true, there is no criterion because, after all, everything is opinion. It is reinforced further by meontological, i.e. anti-eleatic Gorgias’ emphasis: “No thing is Being (substance)”, because everything is Becoming. Thus the title if Gorgias’ treaty can thus be treated as as an antithesis to that of Melissos’, which – in our opinion – is to emphasize the “non-beingness” of nature, the non-substantiality of things. Therefore, if Gorgias’ text was polemical, and it questioned (while at the same time maintaining the positivity of Becoming as non-being) only the immutability of things, and thus we cannot speak of the existence or the cognizability of natures or of essences of things. In sum, the reasoning of Zeno and Melissos was of a kind that is apt to cut both ways, and that is what Gorgias showed. The argument given as peculiar to himself was to this effect. “What is not” is not, so, it is just as much as “what is”. It is as if the onset of the issues that Plato will take up in The Sophist as the problem of non-being understood as difference. The axis of Gorgias’s anti-eleatic critique, in our view, is his polemic with Parmenides’ famous thesis B3 regarding the relationship of identity or equality between noein and einai. It is an additional and perhaps the most important point of his critique that aims at demonstrating that such relationship is impossible. In brief, things are not words just as thoughts are not words. (shrink)

This essay explores the interrelationship between tragedy and comedy, with specific focus given to the potential that comedy can provide in transforming the most tragic of situations. In building this claim, the very dynamics and distinctions that divide the tragic from the comic are considered in view of the self-negation that the comic posits. That is, while tragedy requires a certain acceptance of the finite, from which destiny and circumstance come to certify the hero’s tragic predicament, in comedy, what succeeds (...) is that which functions through an act of self-negation. This, it is argued, offers a subversive redefining of tragedy, one that proves constitutive of a comic fatalism that does not mourn one’s tragic predicament or fated end, but, instead, fully identifies with our comic predicament. Going beyond the pitfalls of political nicety and moral condemnation, which seek easy gratification or cynical distance, the conclusion examines the conceptual artist, Vanessa Place, and her performance of rape jokes. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...) presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a (...) presupposed inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has been the (...) state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

I reconstruct Adam Smith’s theory of irony and its application. I illustrate how he defines it as a combination of something “grand” with something “mean” and how this is consistent with his anti-Cartesian and post-skeptic epistemology. I suggest that, for Smith, “systems” of any kind, from Cartesian physics to philosophical monotheism, Stoic ethics, and the “mercantile system” draw their apparent plausibility from some disease of human imagination. I argue that in every field, including political economy, in his view, the philosopher’s (...) task is partially sceptical and partially ironical. That is, it is the task to fight erroneous systems by showing how these arise from unwarranted associations of ideas between apparently “grand” ideas —say, the public interest— with “mean” ones, say, the merchants’ self-interest. In this light, the phrase “invisible hand” turns out to be both an ironic joke and one more application of Smith’s post-skeptical theory of knowledge whose target is dismantling all kind of “invisible” entities that human imagination tends to create. (shrink)

The artform of standup comedy can be seen as having much in common with the discipline of philosophy, particularly with the way philosophy is carried out or “performed,” whether professionally or otherwise. There are, for instance, certain basic similarities between how standup comedians and philosophers value ideals of clarity and precision when it comes to the issue of determining what kind of language is best to employ if one seeks to either effectively deliver a funny joke, as in the case (...) of standup comedy, or if one seeks to effectively articulate and present an argument that can later be assessed as sound, as in the case of philosophy. The reason this is of note is because it is rooted in another similarity that serves not only to bring these two activities significantly closer but to isolate standup comedy from most artforms when it comes to how it conceives of matters pertaining to interpretation and purpose. More specifically, this is the fact that standup comedians and philosophers alike hope, and even expect on some level, that, in the best of cases, their respective jokes and reasoned arguments will compel some form of unanimous approval from those who properly understand and engage with their content. When this observation is combined with the additional observation that jokes can also serve as vehicles for imparting wisdom of a genuinely philosophical nature despite the fact that generating laughter rather than seeking truth per se represents standup comedy’s ostensive primary goal, this leads one to wonder how porous the boundaries that otherwise serve to distinguish these two activities might be. In particular, in light of the nature and scope of the many similarities that can be said to exist between them, which I lay out and discuss in the article, it seems that standup comedy could even be reasonably argued to be the artform closest to philosophy. (shrink)

Relativamente difundida na teoria democrática contemporânea, a dicotomia entre democracia epistêmica e democracia agonística é endossada por autores como Luis Felipe Miguel, Chantal Mouffe e Nadia Urbinati. De acordo com eles, a ideia de que a deliberação democrática possa funcionar como uma troca de argumentos racionais que visa à verdade é incompatível com o reconhecimento do conflito como um componente basilar da política. Tudo se passa, pois, como se a abordagem epistêmica estivesse fadada a obliterar a dimensão agonística da política. (...) A fim de problematizar semelhante entendimento, este artigo reconstrói a associação entre democracia e compromisso feita por John Stuart Mill, John Morley e Hans Kelsen e conclui que a conceitualização da democracia como compromisso oferece uma alternativa à dicotomia democracia epistêmica vs. democracia agonística. (shrink)

Bob Solomon enjoyed humor, a good laugh. He was not a teller and collector of jokes or of humorous stories, as Ted Cohen and Noël Carroll are. He did not cultivate clever witticisms. Rather, his interest was in viewing life’s contingency and absurdity for the humor that can be found there, and the target of this humor was as likely to be himself or his friends as it was to be strangers. Bob also displayed philosophical courage. He once argued (...) before an incredulous audience of philosophers that the Three Stooges are funny, and admitted unashamedly to being a life-long devotee. In the published version of that talk he observes: “few adults in their chosen professions would dare attempt a Stooges gesture at risk of being terminally dismissed, but most men carry the secret knowledge around with them, and, in a wild fit of catharsis, display a tell-tale Stooges gesture when the door closes and the boss is out of view. I only hesitate to suggest that it is one of the most basic bonds between men, and perhaps the fact that it mystifies and sometimes horrifies women is far more elemental than the mere phrase ‘a sense of humor’ could ever suggest”. (shrink)

Contemporary comedy audiences are accused by some comedians of being too morally sensitive to appreciate humor. To get closer to an idea of what this means, I will first briefly present the argument over audience sensitivity as found in the non-philosophical literature. Second, I then turn to the philosophical literature and begin from the idea that “funny” is a response-dependent property. I present a criticism of this response-dependence account of “funny” based in the claim that funniness is not de- termined (...) by what normal audiences actually laugh at, but by what merits laughter. Third, I argue that excessive or deficient moral sensitivity distorts audience receptivity to humor. Fourth, I turn to candidates for ideally sensitive audiences. I conclude by returning to the particular cases of supposed oversensitivity or undersensitivity to jokes to see how we might judge them. (shrink)

The Onion, a widely known satirical newspaper, frequently finds its articles taken as the literal truth. One article from May 2011, “Planned Parenthood Opens $8 Billion Abortionplex,” featured teenage girls gushing over the amusement park amenities like a ten-screen theater, nightclub and “lazy river” and a fake PR representative touting, “Whether she’s a high school junior who doesn’t want to go to prom pregnant, a go-getter professional who can’t be bothered with the time commitment of raising a child, or a (...) prostitute who knows getting an abortion is the easiest form of birth control—all are welcome” and “Our hope is for this facility to become a regular destination where a woman in her second trimester can whoop it up at karaoke and then kick back while we vacuum out the contents of her uterus.”The Onion, “Planned Parenthood Opens $8 Billion Abortionplex” . Given the extremity and arguable tastelessness of this joke, it is nearly impossible to imagine this as anything .. (shrink)