A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

Condition essentielle de la responsabilité civile, la notion de causalité reste aujourd’hui difficile à saisir et sujette à nombreuses discussions. Les contributions présentées dans cet ouvrage abordent la question à nouveaux frais, en adoptant un point de vue résolument interdisciplinaire mêlant philosophie, droit et économie. Sont envisagées successivement des difficultés que le contentieux de la causalité met régulièrement en évidence. Ainsi, la difficile articulation entre causalité juridique et causalité scientifique conduit à s’interroger sur le rôle de la science : doit-elle (...) guider le droit ou faut-il considérer que la causalité en droit n’est qu’un “construit” juridique dégagé de toute perspective scientifique ? Sont également évoquées les diverses tentatives de formalisation analytique de la causalité comme l’analyse contrefactuelle, le critère NESS et les définitions probabilistes de la causalité, ainsi que leur capacité à répondre aux questions redoutables suscitées par la présence de co-auteurs multiples ou d’hypothèses de “surdétermination causale”. Ces réflexions fondamentales ouvrent alors sur les autres aspects clefs de la causalité en droit et en économie comme la preuve et le rôle du raisonnement probabiliste, ou les modalités de la contribution à la dette de réparation en présence d’une pluralité de co-auteurs. Est alors mis en évidence l’apport des sciences économiques, qui permet de classer les différentes techniques d’attribution de la responsabilité et de discuter des propriétés économiques des règles de répartition de la charge de la dette de réparation. Cet ouvrage s’adresse aux chercheurs et aux praticiens confrontés aux questions délicates posées par la causalité dans le droit de la responsabilité civile. (shrink)

Do laypeople think that moral responsibility is compatible with determinism? Recently, philosophers and psychologists trying to answer this question have found contradictory results: while some experiments reveal people to have compatibilist intuitions, others suggest that people could in fact be incompatibilist. To account for this contradictory answers, Nichols and Knobe (2007) have advanced a ‘performance error model’ according to which people are genuine incompatibilist that are sometimes biased to give compatibilist answers by emotional reactions. To test for this hypothesis, we (...) investigated intuitions about determinism and moral responsibility in patients suffering from behavioural frontotemporal dementia. Patients suffering from bvFTD have impoverished emotional reaction. Thus, the ‘performance error model’ should predict that bvFTD patients will give less compatibilist answers. However, we found that bvFTD patients give answers quite similar to subjects in control group and were mostly compatibilist. Thus, we conclude that the ‘performance error model’ should be abandoned in favour of other available model that best fit our data. (shrink)

While naturalism is used in positive senses by the tradition of analytical philosophy, with Ludwig Wittgenstein its best example, and by the tradition of phenomenology, with Maurice Merleau-Ponty its best exemplar, it also has an extremely negative sense on both of these fronts. Hence, both Merleau-Ponty and Wittgenstein in their basic thrusts adamantly reject reductionistic naturalism. Although Merleau-Ponty’s phenomenology rejects the naturalism Husserl rejects, he early on found a place for the “truth of naturalism.” In a parallel way, Wittgenstein accepts (...) a certain positive sense of naturalism, while rejecting Quine’s kind of naturalism. It is the aim of this paper to investigate the common ground in the views of Wittgenstein and Merleau-Ponty regarding the naturalism that they each espouse and that which they each reject. (shrink)

Commercial republicanism is the idea that a properly-structured commercial society can serve the republican end of minimizing the domination of citizens by states (imperium) and of citizens by other citizens (dominium). Much has been written about this idea in the last half-century, including analyses of individual commercial republicans (e.g., Adam Smith and Immanuel Kant) as well as discussions of national traditions of the same (e.g., in America, Britain, France, the Netherlands, and Italy). In this chapter, I review five kinds of (...) arguments that have been historically offered for how commercial society so understood advances the republican ideal of non-domination: first, by simply realizing non-dominating relationships in the marketplace itself (Instantiation); second, by encouraging the growth of a wide middle class that can offer a counterweight to other, dominating classes (Internal Check-and-Balance); third, by increasing the wealth and power of republics vis-à-vis other, dominating states in the international arena (External Check-and-Balance); fourth, by helpfully nurturing bourgeois-civic virtues in republican citizens (Cultivating Virtue); and finally, by transforming dangerous passions into more readily regulable, even socially beneficial material interests (Sublimating Vice). I end the chapter by briefly considering commercial republicanism’s prospects as a continuing research program. (shrink)

Whether or not capitalism is compatible with ethics is a long standing dispute. We take up an approach to virtue ethics inspired by Adam Smith and consider how market competition influences the virtues most associated with modern commercial society. Up to a point, competition nurtures and supports such virtues as prudence, temperance, civility, industriousness and honesty. But there are also various mechanisms by which competition can have deleterious effects on the institutions and incentives necessary for sustaining even these most commercially (...) friendly of virtues. It is often supposed that if competitive markets are good, more competition must always be better. However, in the long run competition enhancing policies that neglect the nurturing and support of the bourgeois virtues may undermine the continued flourishing of modern commercial society. (shrink)

As one tries to grasp love and its images within José Leonilson's production, a multiplicity of aspects and meanings are seen that also relate to Louise Bourgeois's oeuvre in regard to the interest in human relations. Through a comparative approach to both artists' poetics, an understanding is created that love is not a simplistic action and all the words read in or applied to their visual discourse must be considered within a wide range of love in visual and literary (...) images. Keywords: literature and visual arts / love / creativity / Bourgeois, Louise / Leonilson, José / word and image. (shrink)

Just days after the election of Donald Trump to the presidency of the United States, specific passages from American philosopher Richard Rorty’s 1998 book were shared thousands of times on social media. Both and wrote about Rorty’s prophecy and its apparent realization, as within the haze that followed this unexpected victory, Rorty seemed to offer a presciently trenchant analysis of what led to the rise of “strong man” Trump. However, in this paper, Forstenzer points to Rorty’s own potential intellectual responsibility (...) in the unfolding crisis of liberal democracy. -/- This paper seeks to elucidate the relationship between Rorty’s liberal ironism and contemporary post-truth politics. While the paper ultimately concludes that Rorty is not causally responsible and thus not complicit with the rise of post-truth politics, it contends that Rorty’s philosophical project bears some intellectual responsibility for the onset of post-truth politics insofar as it took a complacent attitude towards the dangers associated with over-affirming the contingency of our epistemic practices in public debate. In the last instance, this paper argues that Rorty’s complacency is a pragmatic failure and thus cuts to the heart of his pragmatism. (shrink)

This paper is a review of R.C. Smith's "The Ticklish Subject? A Critique of Žižek’s Lacanian Theory of Subjectivity, with Emphasis on an Alternative". Whereas Lacan places central importance on the Oedipal phase as a necessary step on the road to the acquisition of subjectivity, R.C. Smith views it as a fundamentally authoritarian moment in early child development. This disagreement, in turn, puts Smith at odds with Žižek’s rupture between the Real and the Symbolic, leading him to advance instead an (...) understanding of the subject as engaged in constant mediation in concert with others. The political ramifications of a notion of mediating subjectivity are intensely gripping, for they disclose nothing less than the promise to recover a sense of effective agency – the possibility of making a difference to one’s sociohistorical conditions – from the ruins of the neoliberal deformation of the subject. (shrink)

“De jure naturae multa fabulamur” — after 450 years, Luther's statement has lost none of its original validity. After a brief pseudo-renaissance following WWII, one now hears far less in legal theory about natural law, which appears finally to have fallen victim to what Weber early in the century characterized as “a progressive decomposition and relativization of all meta-legal axioms” — a destruction resulting partly “from legal rationalism itself,” and partly “from the skepticism which characterizes modern intellectual life generally.” Law (...) today, wrote Weber, “is all too tangibly (in the great majority of its determinations, and especially in many which are particularly important in terms of principle) revealed to be both the product and the technical medium of a compromise of interests,”. (shrink)

Marx's concept of alienation has proven to be a subject of controversy for many social theorists. One of the more provocative treatments of this concept has been outlined by Jean-Paul Sartre. Drawing heavily on Marxism's Hegelian tradition, Sartre portrays alienation as being a crucial element in the formation of the individual's perception of social reality. An appreciation of Sartre's project and its relevance to Marxist theory necessitates the examination of the origins and development of the concept of alienation. For this (...) purpose, a brief account of Hegel's usage of the term is followed by a discussion of Feuerbach's efforts to counter Hegelian idealism with an explicitly materialist perspective. Alienation makes its first appearance in Marx's work with the publication of the Economic and Philosophical Manuscripts of 1844 and the concept was to be a topic of concern throughout Marx's life. In particular, his analysis of commodity fetishism in his later work shows an obvious connection with alienation. Georg Lukacs' presentation of the reification of consciousness is a valuable addition to the examination of the fetishism of commodities. Lukacs provides numerous insights concerning the relationship between alienation and commodity fetishism as well as offering a useful articulation of the role of consciousness in Marxist theory. Lukacs' contribution is especially helpful in clarifying the nature of Sartre's project. Both theorists seek to outline an exposition of consciousness which counters idealistic excesses with a materialistic perspective faithful to the basic tenents of Marxism. In addition, Sartre employs the notion of reification as well as that of alienation in his psychoanalytic approach. His technique is intended to illuminate the class biases inherent in the consciousness of each individual, a proposal which finds an immediate application in explaining the distorted awareness which petit bourgeois intellectuals such as Lukacs and Sartre himself bring to the study of Marx's method. (shrink)

Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists (...) produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately on having produced something. (A view oddly enough shared with the libertarian right, though the LTP is better support for egalitarian or socialist views; see my From Libertarianism to Egalitarianism, 18 Social Theory & Prac. 259-288 (1992).) -/- I show that the idea that Marx's objection to exploitation is based on injustice or LTP-grounded theft is mistaken. Marx's real objection to exploitation is based on unfreedom, that capitalist relations of production, he thinks, unnecessarily limit human freedom. In the first place Marx is quite clear that he vehemently rejects the concepts of justice, fairness, or rights as bourgeois ideology. It is true that he uses the language of "theft" on occasion, but either a literal interpretation of that language must be abandoned, or his consistent, life-long objection to rights- and justice talk must be given up. Second, the structure, indeed the point, of his analysis of the laws of motion of capitalism, is that capitalists make profits through exploitation of labor -- without cheating -- by the normal "legitimate" operation of the system. Other arguments make the same point. -/- The unfreedom or force-based view, though not necessarily my specific arguments advocated so far is shared by a minority of other writers, such as Nancy Holmstrom and Richard Arneson. What my paper offers that is novel, part from arguments for the foregoing that are different and better than those found elsewhere (although Holmstrom and Arneson are excellent), is an account of in detail of what Marx regards as the real problem with exploitation. -/- I analyze Marx's objection that capitalist exploitation causes unnecessary unfreedom by distinguishing and spelling out three different kinds of freedom that he invokes: classic negative freedom, or noninterference; positive freedom, understood as control over or access to the resources enabling one to exercise one's negative freedom; and "real" freedom, as he puts it, the ability to "give the law to oneself," to regulate one's own activities under rules chosen by oneself, to develop one's capacities by autonomous choice. This puts Marx in the tradition going back through Hegel and Kant to Rousseau, the first express advocate of this idea. The opposite of real freedom, the unfreedom due to lack of autonomy, is alienation. -/- I conclude by stating that I think that justice-based objections to exploitation that avoid Marx's objections to the concept are possible. I do not attempt to spell these out here. I take up that task in my subsequently published paper Relativism, Reflective Equilibrium, and Justice, 17 Legal Stud.,128-168 (1997). -/- The present paper is related to and partly overlaps with my paper In Defense of Exploitation, 11 Econ. & Phil. 49-81 (1995), a critique of John Roemer's equality based account of the nature of exploitation and its wrongness. The research and writing of this paper was financially supported by the philosophy department of The Ohio State University. -/- Keywords: Exploitation, Justice, Unjustice, Theft, Labor Theory of Property, Marx, Freedom, Unfreedom, Rights, Fairness, Critique of Justice, Negative Freedom, Positive Freedom, Real Freedom, Alienation, G.A. Cohen, Norman Geras. (shrink)

In a Times Literary Supplement review of some recent literature on Marx and Marxism for a general readership, Jonathan Wolff claimed that Marx’s solution to the so-called “transformation problem” is “half-baked.” The aim of this paper is to challenge this complacent dismissal of some of Marx’s central economic ideas. In the process, I want to show that although the issues here are subtle and complex, Marx’s ideas retain a great deal of intuitive appeal, and his “solution” to the so-called “transformation (...) problem” is neither conceptually implausible nor mathematically dubious. Crucial to this aim is to show that Marx viewed the categories of (what he called bourgeois) economics through a social lens, which is given in the first chapter of the first volume of Capital. (shrink)

Kierkegaardovo misaono nadahnuće motivirano je dvama nezadovoljstvima: prvo se tiče spekulativne filozofije i njezine nemogućnosti da zahvati zbiljnost pojedinca u njegovoj egzistencijalnoj danosti, a drugo se tiče građansko-kršćanskog svijeta njegova doba koji je u rasulu i gdje je »individua« posve dokinuta prevlašću »gomile«. Kako postati samim sobom, »jedan jedini«, odnosno »individua« , pitanje je koje Kierkegaard postavlja u središte svog filozofskog interesa. Put od običnog opstanka do zbiljskog egzistiranja, odnosno od »gomile« do »individue« ostvaruje se kroz tri stadija. To su (...) estetski, etički i religiozni stadij egzistiranja. U ovom se radu analiziraju njihovi ključni konstituensi i suodnos iščitavanjem primarno tri Kierkegaardova djela: Ili-ili, Bolest na smrt, Strah i drhtanje. I dok je odnos između estetskog i etičkog stadija dijalektički, religiozno stoji naspram estetskog i etičkog u naddijalektičkom odnosu. Taj se nad-dijalektički odnos pokazuje ključnim za interpretaciju Kierkegaardova mišljenja. -/- Kierkegaard’s philosophical inspiration was motivated by two displeasures: The first one concerns speculative philosophy and its incapability to grasp the reality of an individual in their existential givenness, and the second one has to do with the contemporary bourgeois-Christian world that had been falling apart and in which the “individual” was quite abrogated by the domination of the “crowd”. How to become one’s self, “unique”, or an “individual”, is the question Kierkegaard places into the center of his philosophical interest. The path from a common survival to a real existence, i. e., from the “crowd” to the “ndividual” is realized in three stages, through the esthetic, ethical, and the religious stages of exiastence. This paper analyzes their key constituents and their interrelation with an analysis of thre of Kierkegaard’s works: Either/Or, The Sickness unto Death, and Fear and Trembling. While the relation between the esthetic and ethical stages is a dialectical one, the religious is in a supradialectical relation to the esthetic and the ethical. This supradialectical relation is the key to the interpretation of Kierkegaard’s thought. (shrink)

For the purposes of this enquiry—an account of what Equiano’sa modernity was, and which particular historical ‘demarcations’ of modernity provided for an enslaved man to achieve freedom through great fortune and great cunning, I will assume a definition of ‘modernity’ as defined by Kathleen Wilson: “. . . not one moment or age, but a set of relations that are constantly being made and unmade, contested and reconfigured, that nonetheless produce among their contemporaneous witnesses the conviction of historical difference.” By (...) adopting this definition, modernity in the times of Equiano refers to, “the cultural practices and representations that produced certain kinds of subjects and objects of knowledge, upheld widely-shared notions of space and time, or facilitated the formation of cultural identities that resulted in pluralities and contradictions as well as unities and coherences,” which provided for a slave to acquire freedom amidst eighteenth-century imperialism, slave-trade, and emerging abolitionist sentiments within bourgeois culture. (shrink)

Define teleology as the view that requirements hold in virtue of facts about value or goodness. Teleological views are quite popular, and in fact some philosophers (e.g. Dreier, Smith) argue that all (plausible) moral theories can be understood teleologically. I argue, however, that certain well-known cases show that the teleologist must at minimum assume that there are certain facts that an agent ought to know, and that this means that requirements can't, in general, hold in virtue of facts about value (...) or goodness. I then show that even if we grant those 'ought's teleology still runs into problems. A positive justification of teleology looks like it will require an argument of this form: O(X); if X, then O(Y); therefore O(Y). But this form of argument isn't in general valid. I conclude by offering two positive suggestions for those attracted to a teleological outlook. (shrink)

The phenomenon of ambivalence is an important one for any philosophy of action. Despite this importance, there is a lack of a fully satisfactory analysis of the phenomenon. Although many contemporary philosophers recognize the phenomenon, and address topics related to it, only Harry Frankfurt has given the phenomenon full treatment in the context of action theory - providing an analysis of how it relates to the structure and freedom of the will. In this paper, I develop objections to Frankfurt's account, (...) all revolving around the charge that his account contains a serious ambiguity between willing and identifying. With such objections in place, I then develop an analysis that avoids the difficulties and ambiguities that Frankfurt's analysis is prey to. I briefly distinguish ambivalence from other types of internal conflict. This paper aims to offer conceptual clarification on the phenomenon of ambivalence, which will then allow for discussions about the normative merits and demerits of ambivalence, the effects of ambivalence on autonomous action, and methods of resolution of ambivalence. (shrink)

Focused on evolutionary and continuous human development the global, the regulatory system should be formed in the conceptual (the constant research for the detection, identification and evaluation of global imperatives) and application (development and implementation of activities and coordination tools of influence to ensure the existence of human civilization in a secure politically, economically, socially and environmentally balanced world) planes. On the author's calculations of its formation in functionally complete, holistic view is expected by 2030 due to historically conditioned transformations (...) in the nature of social relations. (shrink)

What kind of technology is the piano? It was once a distinctly everyday technology. In the bourgeois home of the nineteenth century it became an emblematic figure of gendered social life, its role shifting between visually pleasing piece of furniture, source of light entertainment, and expression of cultured upbringing. It performed this role unobtrusively, acting as a transparent mediator of social relations. To the composer of concert music it was, and sometimes still is, says Samuel Wilson, like the philosopher’s (...) table: “an assumed background on which one writes.” Like other instruments standard to Western art music, the piano was designed to facilitate the production of a consistent and refined timbre. More than most other such instruments, the piano also facilitated a kind of sonic neutrality. With its wide pitch range and smoothing of the percussive attack of its predecessor instruments, the piano presented composers with a technological means of approaching composition from a seemingly objective vantage point. It exemplified, in Heideggerian terms, the instrumentality of the instrument, serving as a mediator between idea and expression that apparently adds no character of its own. -/- This notion of the invisibility, or transparency, of the mediations that musical technologies such as the piano enact is one of my areas of concern here. So too is its inverse: when these mediations become visible or opaque. Transparency has been a topic of significant recent theoretical attention. Stefanos Geroulanos, for example, has detailed how the supposed transparency of intersubjective, epistemological, and social relations was a major point of critique in postwar French thought, where the supposition of transparency was taken to suppress how the world was “complex, layered, structured, filled with heterogeneity” – and, as I will stress here, contingency. The thinkers Geroulanos considers, from Jean-Paul Sartre through to Jean-François Lyotard, can be said to be united in their refusal to invisibilise mediatedness. From a starting point of conceiving of the piano as a technological artifact, and in particular from John Cage’s ‘prepared piano,’ I will explore how a similar concern has appeared in musical contexts, albeit not without the risk of reversion back into a logic of transparency. (shrink)

Scientists have the ability to influence policy in important ways through how they present their results. Surprisingly, existing codes of scientific ethics have little to say about such choices. I propose that we can arrive at a set of ethical guidelines to govern scientists’ presentation of information to policymakers by looking to bioethics: roughly, just as a clinician should aim to promote informed decision-making by patients, a scientist should aim to promote informed decision-making by policymakers. Though this may sound like (...) a natural proposal, I show it offers guidance that conflicts with standard scientific practices. I conclude by considering one cost of the proposal: that it would prevent scientists from acting as advocates in a way that is currently common in certain fields. I accept that the proposal would restrict scientists’ political advocacy rights, but argue that the benefits of adopting it — promoting democratic governance — justify the restriction. (shrink)

Daoism and Environmental Philosophy explores ethics and the philosophy of nature in the Daodejing, the Zhuangzi, and related texts to elucidate their potential significance in our contemporary environmental crisis. This book traces early Daoist depictions of practices of embodied emptying and forgetting and communicative strategies of undoing the fixations of words, things, and the embodied self. These are aspects of an ethics of embracing plainness and simplicity, nourishing the asymmetrically differentiated yet shared elemental body of life of the myriad things, (...) and being responsively attuned in encountering and responding to things. These critical and transformative dimensions of early Daoism provide exemplary models and insights for cultivating a more expansive ecological ethos, environmental culture of nature, and progressive political ecology. This work will be of interest to students and scholars interested in philosophy, environmental ethics and philosophy, religious studies, and intellectual history. (shrink)

In this wide-ranging and authoritative volume, leading scholars engage with the philosophy and writings of Wilhelm Dilthey, a key figure in nineteenth-century thought. Their chapters cover his innovative philosophical strategies and explore how they can be understood in relation to their historical situation, as well as presenting incisive interpretations of Dilthey's arguments, including their development, their content, and their influence on later thought. A key focus is on how Dilthey's work remains relevant to current debates around art and literature, the (...) biographical and autobiographical self, knowledge, language, science, culture, history, society, and psychology and the embodied mind. The volume will be important for researchers in hermeneutics, aesthetics, practical philosophy, and the history of German philosophy, providing a valuable introduction to Dilthey's work as well as detailed critical analysis of its ongoing significance. (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 Impossibility of Poetry Adorno's aesthetic theory bears the profound scars of his personal experience of fascism. Even after Auschwitz, he feared that modern bourgeois society is a breeding ground for new forms of fascist terror. It was said that, after Auschwitz, one could no longer write poems. But Adorno insisted that postwar art is an indispensable means for telling the truth about how the social order was fundamentally changed by that catastrophe.1 Not to tell the truth is to (...) be guilty of complicitous silence; yet, the unbearable truth is that society is pervasively and radically evil. As long as…. (shrink)

Silence is a multifaceted concept which is not merely as an absence of sound but a presence with significant ontological, existential, and phenomenological implications. Through a thematic analysis, this paper deconstructs silence into various dimensions—its ontology, linguistic universality, and its function as cessation of speech, a form of listening, an act of kenosis, a form of ascesis, and a way of life. The study employs philosophical discourse and mathematical notation to delve into these aspects, demonstrating that while each perspective sheds (...) light on certain facets of silence, none can comprehensively encapsulate its essence. The research underscores the paradoxical nature of silence. It is both a universal phenomenon recognised across cultures and an intimate, personal experience that resists definitive categorisation. The paper concludes that the true nature of silence, particularly when considering the state of "being silent," remains indefinable and elusive, inviting deeper contemplation on its role in human experience. (shrink)

Karl Marx claims that alienation inheres in all wage labor. I raise questions about the applicability of this claim to subjects of patriarchy. In the first section, I discuss industrial wage labor and its allure for women who were trying to escape the norms of familial patriarchy. In the second section, I extend this criticism of Marx’s claim by considering the racially enslaved subjects of the Antebellum American South, for whom economicallyrecognized wage labor was still a bloody political battle. Finally, (...) I turn to the identification of working class women and sexuality, in order to show how wage labor offered liberation from narrow bourgeois sexual strictures. I conclude by reassessing the viability of Marx’s critique of alienation, taking into account the standpoints from which wage labor itself was a considerable political achievement. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality of (...) opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

In this paper, we argue that our moral concern for future well-being should reduce over time due to important practical considerations about how humans interact with spacetime. After surveying several of these considerations (around equality, special duties, existential contingency, and overlapping moral concern) we develop a set of core principles that can both explain their moral significance and highlight why this is inherently bound up with our relationship with spacetime. These relate to the equitable distribution of (1) moral concern in (...) a universe that we can only causally affect in one temporal direction; (2) access to the benefits from using spacetime as a resource; and (3) the burdens of care given (1) and (2). We conclude by considering the practical implications of our argument and find that, while it is often assumed that a preference for present over future well-being weakens the case for existential risk mitigation, this likely is not the case. (shrink)

As these opening quotes acknowledge, the Prisoner’s Dilemma (PD) represents a core puzzle within the formal mathematics of game theory.3 Its rise in conspicuity is evident figure 2.1 above demonstrating a relatively steady rise in incidences of the phrase’s usage between 1960 to 1995, with a stable presence persisting into the twenty first century. This famous two-person “game,” with a stock narrative cast in terms of two prisoners who each independently must choose whether to remain silent or speak, each advancing (...) self-interest at the expense of the other and thereby achieving a mutually suboptimal outcome, mires any social interaction it is applied to into perplexity. The logic of this game proves the inverse of Adam Smith’s invisible hand: individuals acting on self interest will achieve a mutually suboptimal outcome. However, as this chapter illuminates, the assumptions underlying game theory drive this conclusion. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

Incompatibilists often claim that we experience our agency as incompatible with determinism, while compatibilists challenge this claim. We report a series of experiments that focus on whether the experience of having an ability to do otherwise is taken to be at odds with determinism. We found that participants in our studies described their experience as incompatibilist whether the decision was (i) present-focused or retrospective, (ii) imagined or actual, (iii) morally salient or morally neutral. The only case in which participants did (...) not give incompatibilist judgments was when the question was explicitly about whether one’s ignorance of the future was compatible with determinism. This lends empirical support to claims made by incompatibilists about the experience of agency, while also showing that compatibilist accounts of ability are inadequate to the reported phenomenology. Our results also inform recent debates about the presuppositions of deliberation. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks dominance. This (...) political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

Although social scientists have identified diverse behavioral patterns among children from dissimilarly structured families, marketing scholars have progressed little in relating family structure to consumption-related decisions. In particular, the roles played by members of single-mother families—which may include live-in grandparents, mother’s unmarried partner, and step-father with or without step-sibling(s)—may affect children’s influence on consumption-related decisions. For example, to offset a parental authority dynamic introduced by a new stepfather, the work-related constraints imposed on a breadwinning mother, or the imposition of adult-level (...) household responsibilities on children, single-mother families may attend more to their children’s product preferences. -/- Without a profile that includes socio-economic, behavioral, and psychological aspects, efficient and socially responsible marketing to single-mother households is compromised. Relative to dual-parent families, single-mother families tend to have fewer resources and less buying power, children who consume more materialistic and compulsively, and children who more strongly influence decision making for both own-use and family-use products. Timely research would ensure that these and other tendencies now differentiate single-mother from dual-parent families in ways that marketers should address. Hence, our threefold goal is (1) to consolidate and highlight gaps in existing theory applied to studying children’s influence on consumption-related decision making in single-mother families, and (2) to propose a hybrid framework that merges two theories conducive to such research, and (3) to identify promising research propositions for future research. (shrink)

The problem of measurement in economic models and the possibility of their quantum-mechanical description are considered. It is revealed that the apparent paradox of such a description is associated with a priori requirement of conformity of the model to all the alternatives of free choice of the observer. The measurement of the state of a trader on a stock exchange is formally defined as his responses to the proposals of sale at a fixed price. It is shown that an analogue (...) of Bell's inequalities for this measurement model is violated at the most general assumptions related to the strategy of the trader and requires a quantummechanical description of the dynamics of his condition. In the framework of the theory of weak continuous quantum measurements, the equation of stock price dynamics and the quantum-mechanical generalization of the F. Black and M. Scholes model for pricing options are obtained. The fundamental distinctions between the obtained model and the classical one are discussed. (shrink)

This essay represents a novel contribution to Nietzschean studies by combining an assessment of Friedrich Nietzsche’s challenging uses of “truth” and the “eternal return” with his insights drawn from Indian philosophies. Specifically, drawing on Martin Heidegger’s Nietzsche, I argue that Nietzsche’s critique of a static philosophy of being underpinning conceptual truth is best understood in line with the Theravada Buddhist critique of “self ” and “ego” as transitory. In conclusion, I find that Nietzsche’s “eternal return” can be understood as a (...) direct inversion of “nirvana”: Nietzsche celebrates profound attachment to each and every moment, independent from its pleasurable or distasteful registry. (shrink)

The article analyzes the phenomenon of ownership in its legal, economic, political and philosophical perspectives. Ownership is considered as an opportunity and as a guarantee of sustainable development. Comparative context is used to identify the specificity of the bourgeois model of owners’ power (social state) and the domestic concept of power-ownership (including socialist state). The author draws conclusions about ways to overcome the competition between the state and the market for the human resource and proposes to explore the ideological (...) provision of power-ownership in order to appreciate its progressive potential and predilection in relation to the liberal model of social development . (shrink)

This paper critically engages Philip Mirowki's essay, "The scientific dimensions of social knowledge and their distant echoes in 20th-century American philosophy of science." It argues that although the cold war context of anti-democratic elitism best suited for making decisions about engaging in nuclear war may seem to be politically and ideologically motivated, in fact we need to carefully consider the arguments underlying the new rational choice based political philosophies of the post-WWII era typified by Arrow's impossibility theorem. A distrust of (...) democratic decision-making principles may be developed by social scientists whose leanings may be toward the left or right side of the spectrum of political practices. (shrink)

This paper explores how the Leviathan that projects power through nuclear arms exercises a unique nuclearized sovereignty. In the case of nuclear superpowers, this sovereignty extends to wielding the power to destroy human civilization as we know it across the globe. Nuclearized sovereignty depends on a hybrid form of power encompassing human decision-makers in a hierarchical chain of command, and all of the technical and computerized functions necessary to maintain command and control at every moment of the sovereign's existence: this (...) sovereign power cannot sleep. This article analyzes how the form of rationality that informs this hybrid exercise of power historically developed to be computable. By definition, computable rationality must be able to function without any intelligible grasp of the context or the comprehensive significance of decision-making outcomes. Thus, maintaining nuclearized sovereignty necessarily must be able to execute momentous life and death decisions without the type of sentience we usually associate with ethical individual and collective decisions. (shrink)

Many scholars have argued that the Protestant Reformation generally departed from virtue ethics, and this claim is often accepted by Protestant ethicists. This essay argues against such discontinuity by demonstrating John Calvin’s reception of ethical concepts from Augustine and Aristotle. Calvin drew on Augustine’s concept of eudaimonia and many aspects of Aristotle’s Nicomachean Ethics , including concepts of choice, habit, virtue as a mean, and the specific virtues of justice and prudence. Calvin also evaluated the problem of pagan virtue in (...) light of traditional Augustinian texts discussed in the medieval period. He interpreted the Decalogue as teaching virtue, including the cardinal virtues of justice and temperance. Calvin was not the harbinger of an entirely new ethical paradigm, but rather a participant in the mainstream of Christian thinkers who maintained a dual interest in Aristotelian and Augustinian eudaimonist virtue ethics. (shrink)

According to Miranda Fricker, a hermeneutical injustice occurs when there is a deficit in our shared tools of social interpretation, such that marginalized social groups are at a disadvantage in making sense of their distinctive and important experiences. Critics have claimed that Fricker's account ignores or precludes a phenomenon I call hermeneutical dissent, where marginalized groups have produced their own interpretive tools for making sense of those experiences. I clarify the nature of hermeneutical injustice to make room for hermeneutical dissent, (...) clearing up the structure of the collective hermeneutical resource and the fundamental harm of hermeneutical injustice. I then provide a more nuanced account of the hermeneutical resources in play in instances of hermeneutical injustice, enabling six species of the injustice to be distinguished. Finally, I reflect on the corrective virtue of hermeneutical justice in light of hermeneutical dissent. (shrink)

This review essay of Economics Rules situates Dani Rodrik’s contribution with respect to the 2007–2008 global economic crisis. This financial meltdown, which the eurozone did not fully recover from before the Covid-19 pandemic, led to soul- searching among economists as well as a call for heterodox economic approaches. Yet, over the past decade, instead the economics profession has maintained its orthodoxy. Rodrik’s Economics Rules offers a critique of the economics profession that is castigating but mild. It calls for economists to (...) use more and diverse models without becoming wedded to any single model or an overarching vision. Yet Rodrik ratifies many of the benchmark models standard to orthodox economics and provides little ground for a fundamental rethinking of the discipline. This essay analyses the conservatism underlying Rodrik’s approach, which upholds general equilibrium theory and rational expectations underlying the efficient market hypothesis. It argues that the economics discipline’s scope-creep to maintain its applicability to all human decision-making, and its acceptance of all-inclusive utility functions, crowds out moral sentiments and civic virtue. Thus. it argues that rather than urging economists simply to be more cautious in their application of models to address particular social concerns, instead economists must recognise their discipline’s inherent limitations. (shrink)

This paper analyses the National Populist Challenges to Europe’s Center Right. It assesses the cases of the UK, Germany and France. It poses three questions for Europe: How will political integration be achieved and maintained? What policies will foster economic inclusion in the Eurozone? And, third, what are the best means to achieve economic solvency and growth. The paper make a case that neoliberal economic policies over the past decades have undermined some nations' public sector and have also contributed to (...) tensions between the geographical east and west of Europe. (shrink)

This paper examines how the concepts of utility, impartiality, and universality worked together to form the foundation of Adam Smith's jurisprudence. It argues that the theory of utility consistent with contemporary rational choice theory is insufficient to account for Smith's use of utility. Smith's jurisprudence relies on the impartial spectator's sympathetic judgment over whether third parties are injured, and not individuals' expected utility associated with individuals' expected gains from rendering judgments over innocence or guilt.