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)

What comes after neoliberalism? This is in many ways the question of our time. Or maybe neoliberalism doesn’t really exist at all? And if it does, what is the relevance for lawyers, legal scholarship and legal practice?

This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging (...) culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent. (shrink)

My aim in this paper is fairly modest. I obviously do not claim that there has never been or could never be an instance of irrational or fallacious appeals to quotations from canonical sources in the marxist tradition. Instead, I claim that the practice of using quotations from canonical sources is not, as such, irrational. If we understand the epistemological infrastructure of the practice -- the rational underpinnings of it -- we can grasp how these citations appeal to the presumptive (...) authoritativeness of formulations that condense or concisely convey the core of insights that emerged from learning processes that the intellectual tradition of marxism has already traversed. The rational underpinnings of the practice include, first, the neo-Hegelian idea that we can justify a view we now hold by rationally reconstructing the insight-motivated learning process from which it emerged, and second, the convention that these rational reconstructions do not have to be elaborated in each insistence, but can be invoked in a short-form way, such as by citing the name of a decision or a concise statement of it (like a short quotation), as is common in the epistemologically similar practice of precedential reasoning in common law juridical justification. No claim is true just because of who made it; but a claim might be presumptively authoritative in cases where it was made at the end of a learning process, which has not been overtaken by a change in the circumstances or further learning. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s messianic (...) utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

Is political equality viable given the unequal private property holdings characteristic of a capitalist economy? This book places the wealth-politics nexus at the centre of scholarly analysis. Traditional theories of democracy and property have often ignored the ways in which the rich attempt to convert their wealth into political power, operating on the implicit assumption that politics is isolated from economic forces. This book brings the moral and political links between wealth and power into clear focus. The chapters are divided (...) into three thematic sections. Part I analyses wealth and politics from the perspective of various political traditions, such as liberalism, republicanism, anarchism, and Marxism. Part II addresses the economic sphere, and looks at the political influence of corporations, philanthropists and commons-based organizations. Finally, Part III turns to the political sphere and looks at the role of political parties and constitutions, and phenomena such as corruption and lobbying. Wealth and Power: Philosophical Perspectives will be of interest to scholars and advanced students working in political philosophy, political science, economics, and law. (shrink)

In 1931, Evgeny Pashukanis, the distinguished Soviet jurist, author of “The General Theory of Law and Marxism”, following an invitation to celebrate the centenary of Hegel’s death, published an assay entitled “Hegel, the State and Law” (Гегель. Государство и право) aimed to demistify, through a brief retrospective of Hegelian’s philosophy, its specific use, something achieved through the bourgeois ideology which, at some point in history, abandoned Kantism and its followers to embrace Neo-Hegelianism as a philosophy of domination and social (...) control. In this unpublished text, Pashukanis reflects, from a Marxist and Leninist point of view, on the ability to use Hegel as a bourgeois defense tool, when a particular society, specifically the one from the 1920s to the 1930s, began to be affected by the fear of communism and by the crises that endanger its very survival. From this angle, the capitalist interest - following Pashukanisian interpretation of Hegel - will only develop in the terms of a scientific elimination of all those subversive potentials that the economic crisis is destined to produce, thus reformulating the notions of State and Law which, in between obedience, discipline and defense of the homeland, come to assert the official recognition of the inexorably crushed proletariat in a condition in which all relations of production and social reproduction are transferred to the realm of exploitation, as its definitive subsumption to capital. (shrink)

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's (...) "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time. (shrink)

We know that technological developments will affect economic development which will have an impact on the level of public consumption. Law Diminishing Marginal Utility cause boredom which will comprehensively reduce one's purchasing power and interest in the commodities on the market. Capitalism and its development always try to encourage people's consumption continuously to the maximum point. Hedonism and consumerism cause financial imbalances which are a real threat to our society today. Law Diminishing Marginal Utility and followed by the application of (...) Economic Materialism Asymmetry to reduce unnecessary or philosophically form a normative framework so as not to get trapped in a destructive hedonistic cycle. These measurements are not carried out quantitatively or in a stricter context, this is intended to make it easier for the public to apply theoretical concepts from analysis to create a balance of consumption which has implications for alleviating poverty. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated unequally, (...) while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

Originally published in 1975, this is the concluding section of E.P. Thompson's study of the 18th century English legislation known as "the Black Act." Thompson, a Marxist historian, here embraces and defends the notion of the rule of law, famously calling it "an unqualified human good" (p. 208).

The Catastrophe Theory of Rene Thom and E. C. Zeeman suggests a mathematical interpretation of certain aspects of Hegelian and Marxist dialectics. Specifically, the three 'classical' dialectical principles, (1) the transformation of quantity into quality, (2) the unity and struggle of opposites, and (3) the negation of negation, can be modeled with the seven 'elementary catastrophes' given by Thorn, especially the catastrophes known as the 'cusp' and the 'butterfly'. Far from being empty metaphysics or scholasticism, as critics have argued, the (...) dialectical principles embody genuine insights into a class of phenomena, insights which can now be expressed within a precise mathematical formalism. This fact does not, however, support the claim that these principles, possibly modified or supplemented, constitute the laws of motion for human thought and for natural and social processes or even just the last of these. (shrink)

I reconstruct the civic republican foundations of Eugene Debs’s socialist critique of capitalism, demonstrating how he uses a neo-roman conception of freedom to condemn waged labour. Debs is also shown to build upon this neo-roman liberty in his socialist republican objections to the plutocratic capture of the law and threats of violence faced by the labour movement. This Debsian socialist republicanism can be seen to rest on an ambitious understanding of the demands of citizen sovereignty and civic solidarity. While Debs (...) shares some of the commitments of earlier American labour republican critics of capitalism, he departs from them in his thoroughgoing commitment to common democratic ownership of productive property. His socialist republicanism remains valuable today for its ability to illuminate features of plutocratic control, judicial autocracy, and the regime of property best suited to suppressing economic domination. I conclude that Debs not only deserves a prominent place in an emerging radical republican canon but presents a distinctive contrast with many of his Marxist contemporaries and offers a compelling challenge to recent liberal, plebeian, and socialist forms of republicanism. (shrink)

For decades, the question of whether dialectics applies to nature has been a hotly debated topic in the Marxian literature. A number of authors have claimed that the Marxist outlook on nature and natural sciences has been for-mulated by Engels alone. According to this view, Marx, unlike Engels, was concerned not with trans-historical laws governing the universe but with some particular laws of society. This anti-Engels camp, so to speak, mainly tended to draw bold lines between Marx and Engels, and (...) charged Engels with dis-torting Marxʼs original ideas of dialectics by some kind of reductionism, sci-entism and positivism that might also end up in an obsolete idealism. Engels was „following Hegelʼs mistaken lead“ by extending „the method to apply also to nature“. However, dialectics was „limited ... to the realms of history and society“.2 Some others objected to this view, and characterized any at-tempt to sharply contrast Engels with Marx as concealed mysticism and idealism. For the pro-Engels camp, Engelsʼs conception of nature was „in full conformity“ with Marxʼs materialist philosophy.4 Dialectics of nature was „no invention of Engels“. On the contrary, „it was worked out in collaboration with Marx and had his full agreement. (shrink)

This article is a theoretical treatment of the ways in which local worldviews on wealth acquisition give rise to contemporary manifestations of spirituality in cyberspace. It unpacks spiritual (occult) economies and wealth generation through a historical perspective. The article ‘devil advocates’ the ‘sainthood’ of claimed law-abiding citizens, by highlighting that the line dividing them and the Nigerian cybercriminals (Yahoo-Boys) is blurred with regards to the use of magical means for material ends. By doing so, the article also illustrates that the (...) intersectionality of the spirit world and the acquisition of wealth (crime or otherwise) is connected with local epistemologies and worldviews, and its contemporaneity has social security benefits. Therefore, the view that the contemporary manifestations of spirituality in cyberspace signify a ‘new-danger’ and an ever-increasing outrage in the Nigerian society is misplaced. I conclude that if people believe all aspects of life are reflective of the spiritual world and determined by it, the spiritual realm, by implication, is the base of society, upon which sits the superstructure comprised of all aspects of life, especially wealth. Inferentially, this conceptual position that the spirit world is the base of society is an inversion of Orthodox Marxist’s theory of economic determinism. (shrink)

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: (...) there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

This paper argues that the ‘scientific dispute’ between Hermann Cohen and Rudolf Stammler is symptomatic of a philosophical movement of left-wing Kant interpretations at the turn of the twentieth century. By outlining influential predecessors that shaped Cohen’s and Stammler’s thinking, I show that their Kantian justifications of socialism differ regarding their conception of law, history, and the political implications that follow from their practical philosophies. Against scholars who suggest that the Marburg School’s view on socialism was a coherent school of (...) thought, I introduce the concept of ‘left-Kantianism’ as an open term that includes a wide variety of novel socialist approaches to Kant at the time. (shrink)

The Indian banking system evolved from an exclusive private enterprise controlled by a few wealthy families and trusts, leaving the majority reliant on high-interest private lenders, perpetuating economic disparity. Nationalization of 21 banks under Indira Gandhi aimed to rectify this, aligning with India's constitutional goal of equitable wealth distribution. However, globalization and privatization reshaped the landscape, emphasizing profit-seeking and catering to the corporate sector and affluent classes. The marginalized rural and small business sectors suffered in this pursuit, evident in neglected (...) rural branch postings. To address this, an ethical foundation merging Marxist economics and Shariah banking principles is proposed, seeking inclusivity and ethical grounding. Shariah principles, rooted in Islamic law, extend beyond religious boundaries, while Marxist values amplify voices of the marginalized. By combining these principles, a more inclusive, morally anchored, and holistic Indian banking system can be envisioned. The priority sector's Non-Performing Assets challenge can be addressed without jeopardizing inclusivity. (shrink)

In Replacing Truth, Scharp takes the concept of truth to be fundamentally incoherent. As such, Scharp reckons it to be unsuited for systematic philosophical theorising and in need of replacement – at least for regions of thought and talk which permit liar sentences and their ilk to be formulated. This replacement methodology is radical because it not only recommends that the concept of truth be replaced, but that the word ‘true’ be replaced too. Only Tarski has attempted anything like it (...) before. I dub such a view Conceptual Marxism. In assessing this view, my goals are fourfold: to summarise the many components of Scharp’s theory of truth; to highlight what I take to be some of the excess baggage carried by the view; to assess whether, and to what extent, the extreme methodology on offer is at all called for; finally, to briefly propose a less radical replacement strategy for resolving the liar paradox. (shrink)

The paper discusses Beauvoir's interpretation of the Marxist and Freudian contributions to our understanding of the feminine condition. Several epistemological assumptions derived from Sartre's philosophy are pointed out. Beauvoir's reading of Marx, Engels, and Freud is discussed, claiming that her reading is biased by humanistic and historicist assumptions. This is an unpublished English version of Sergio Cremaschi, “Marxismo e psicanalisi in Il secondo sesso di Simone de Beauvoir”, Vita e Pensiero, 67 (1975), 3-4, pp. 510-525; reprint in E. De Marchi (...) (ed.), In nome della donna, Editrice Vita e Pensiero, Milano, 1976, pp. 510-525. (shrink)

We shall see that as the Master of suspicion, Marx rejects capitalism, which he considers to be a system of bourgeois oppression, absurd and decadent. The latter eludes the importance of the social question in the historical future of a society. Trampling on the lyrical illusions of practical rationality, he insists on the rigidity of economic and social determinisms, to which he confers an overdeterminent role in sub-estimating the impact of cognitive and/or psychological mechanisms on the exercise of state power. (...) We will explain how dialectical materialism in Marx joins in many respects the methodological revolution initiated by Nietzsche, particularly as regards its requirement to contextualize a real understood as a fabric of forces, in order to understand the origin of the dominant values and that of the capitalist system. Moreover, it will be important to develop the idea that within a civil society, itself prey to a crisis of the sittlichkeit (the ethical life), history tends to separate the interests in favor of imperceptible cowards perverse become legion, while insidiously affecting a social body incapable of escaping from material contingencies. We will then have the right to question the way in which revolutions occur? (shrink)

Th is work is a companion piece to "The American Worker," Karl Kautsky's reply to Werner Sombart’s Why Is There No Socialism in the United States? (1906), first published in English in the November 2003 edition of the journal Historial Materialism. In August 1909 Kautsky wrote an article on Samuel Gompers, the president of the American Federation of Labor, on the occasion of the latter's first European tour. Th e article was not only a criticism of Gompers’s anti-socialist "pure-and-simple" unionism (...) but also part of an ongoing battle between the revolutionary wing of German Social Democracy and the German trade-union officials. In this critical English edition we provide the historical background to the document as well as an overview of the issues raised by Gompers' visit to Germany, such as the bureaucratisation and increasing conservatism of the union leadership in both Germany and the United States, the role of the General Commission of Free Trade Unions in the abandonment of Marxism by the German Social-Democratic Party and the socialists’ attitude toward institutions promoting class collaboration like the National Civic Federation. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

Argument that Marx has a realist ontology and a correspondence theory of truth. His views are compared to both Hegel's and Kant's. This interpretation departs from more Hegelian, 'idealist' interpretations that often rely on misunderstanding some of the work of the early Marx. There is also a discussion and partial defence of Lenin's Materialism and Empirio-Criticism.

The present book is an in-depth study of Lukács’ musical aesthetics and, more specifically, of his essay on music from The Specificity of the Aesthetic (Die Eigenart des Ästhetischen, 1963). Lukács’ problematic in this essay revolves around a central issue in the history of Aesthetics: the problem of mimesis in music. Since the time of Plato and Aristotle music has been regarded as a mimesis (an imitation) of reality. However, this theory of music as mimesis presents major difficulties which have (...) long been the subject of philosophical thinking: how is it possible that an art so far removed from reality, an art that employs sounds (not images or concepts) be considered as an imitation of reality? This is the main question that concerns Lukács in this essay. The present book seeks, through the detailed examination of Lukács’ central argument, to demonstrate and clarify Lukács’ solution to this problem of musical mimesis and to highlight its significance for the contemporary debate on Aesthetics. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed (...) in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices. (shrink)

According to the Best System Account of lawhood, laws of nature are theorems of the deductive systems that best balance simplicity and strength. In this paper, I advocate a different account of lawhood which is related, in spirit, to the BSA: according to my account, laws are theorems of deductive systems that best balance simplicity, strength, and also calculational tractability. I discuss two problems that the BSA faces, and I show that my account solves them. I also use my account (...) to illuminate the nomological character of special science laws. (shrink)

The well-known paradox between Marxism and morality is that on the one hand, Marx claims that morality is a form of ideology that should be abandoned, while on the other hand, Marx makes quite a few moral judgments in his writings. It is in the research after Marx’s death that the paradox is found, explored and solved. This paper surveys the history of interpreting Marx from the aspect of moral philosophy by dividing it into three sequential phases. Then it (...) presents the research on Marx in each phase, points out conflicting questions within the different periods and puts forward the solution in the end. This paper points out that a philosophical viewpoint based on Marx’s theory of historical materialism is the key to solving the paradox between Marxism and morality. (shrink)

This book provides the first detailed account of Gramsci's work in the context of current critical and socio-cultural debates. Renate Holub argues that Gramsci was ahead of his time in offering a theory of art, politics and cultural production. Gramsci's achievement is discussed particularly in relation to the Frankfurt School (Adorno, Horkheimer, Benjamin, Bloch, Habermas), to Brecht's theoretical writings and to thinkers in the phenomenological tradition especially Merleau-Ponty. She argues for Gramsci's continuing relevance at a time of retreat from Marxist (...) positions on the postmodern left. Antonio Gramsci is distinguished by its range of philosophical grasp, its depth of specialized historical scholarship, and its keen sense of Gramsci's position as a crucial figure in the politics of contemporary cultural theory. (shrink)

Evaluating counterfactuals in worlds with deterministic laws poses a puzzle. In a wide array of cases, it does not seem plausible that if a non-actual event were to occur that either the past would be different or that the laws would be different. But it’s also difficult to see how we can avoid this result. Some philosophers have argued that we can avoid this dilemma by allowing that a proposition can be a law even though it has violations. On this (...) view, for the relevant cases, the past and the laws would still hold, but the laws would have a violation. In this paper, I raise a problem for the claim that the laws and the past are preserved for all of the relevant counterfactual antecedents. I further argue that this problem undermines motivating the possibility of violations on the grounds that they allow us to hold that the past and the laws are typically counterfactually preserved, even if they are not always preserved. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Three distinct turning points (“bottleneck breakings”) in universal evolution are discussed at some length in terms of “self-reference” and (corresponding) “Reality Principles.” The first (origin and evolution of animate Nature) and second (human consciousness) are shown to necessarily precede a third one, that of Marxist philosophy. It is pointed out that while the previous two could occupy a natural (so in a sense neutral) place as parts of human science, the self-reference of Marxism, as a _social_ human phenomenon, through (...) its direct bearings on the _practice_ of society, did have a stormy history. I conclude that the fall of Bolshevism was unavoidable, and still, we might uphold our hope for a truly free society of humankind, just on the very basis of what we have learned of the fate of Marxist philosophy as such, as a _recursively evolving_ social _practice_: the freedom of humankind of its own ideological burdens (constraints). (shrink)

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...) cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness ", let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to. (shrink)

Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting reality (...) conceptually in properties attributed to space-time points, where these properties are conceived of independently of each other, to explore then, in a separate step, how the properties are related to each other; those determination relations between properties are laws. This is compatible with the thesis that laws are metaphysically necessary. According to the thick conception, a property contains all its dependency relations to other properties. The dependency relationships between properties (which appear as laws in the thin conception) are parts of the properties they relate. There are several reasons to resist the thick conception of properties. It makes simple properties “holistic”, in the sense that each property contains many other properties as parts. It cannot account for the fact that properties constrain each other’s identity; it can neither explain why natural properties are linked to a unique set of dispositions, nor why and how this set is structured nor why the truth-maker of many disposition attributions is relational although the disposition is grounded on a monadic property. (shrink)

In this chapter we examine the relation between mechanisms and laws/counterfactuals by revisiting the main notions of mechanism found in the literature. We distinguish between two different conceptions of ‘mechanism’: mechanisms-of underlie or constitute a causal process; mechanisms-for are complex systems that function so as to produce a certain behavior. According to some mechanists, a mechanism fulfills both of these roles simultaneously. The main argument of the chapter is that there is an asymmetrical dependence between both kinds of mechanisms and (...) laws/counterfactuals: while some laws and counterfactuals must be taken as primitive (non-mechanistic) facts of the world, all mechanisms depend on laws/counterfactuals. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Can deconstruction be accomplished not through the close reading of just one discourse, but through its combination with another? This paper aims at exploring this second way of performing deconstruction through a particular case study: Marxism and psychoanalysis. In the body of the essay, the history of Freudo-Marxism is divided into two parts, depending on which psychoanalyst stands as point of reference: Freud or Lacan. We proceed by studying the four main strategies by virtue of which a genuine (...) combination between Marxism and psychoanalysis has been historically attempted: separation (Reich), domination (Marcuse), contradiction (Althusser) and, finally, deconstruction (Laclau). (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in an (...) open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

It is argued (a) that laws are assurances of protections of rights and (b) that governments are protectors of rights. Lest those assurances be empty and thus not really be assurances at all, laws must be enforced and governments must therefore have the power to coerce. For this reason, the government of a given region tends to have, as Max Weber put it, a "monopoly on power" in that region. And because governments are power-monopolizers, it is tempting to think that (...) the concepts of government and law are to be understood in terms of the concept of power. In actuality, the first two concepts are to be understood primarily in terms of the concept of morality--of rights-protection, to be specific--and only secondarily in terms of the concept of power. Contentions (a) and (b) appear to be inconsistent with obvious facts (e.g. the fact that Pol Pot's regime violated the rights of those over whom it had power). But (a) and (b) are compatible with those facts. This is a consequence of two principles. First, moral requirements have a "dimension of weight," as Dworkin put it, meaning that one moral imperative can be outweighed, without being obliterated, by another moral imperative. Second, sentential operators can have different degrees of scope. "It is hereby assured that" is such an operator. Linguistic surface structure may obfuscate the degree of scope that it has in a given sentence. That fact compatibilizes our analysis with the fact that there are evil laws and evil governments. (shrink)