John Locke is acknowledged to be one of the theoretical founders of the separation of church and state, a distinguishing feature of modern liberal democracies. Though Locke’s arguments for the merits of such separation have been subject to extensive investigation, his argument for its feasibility has remained relatively unexamined. This article argues that Locke was confident that separation of church and state can successfully be implemented in all times and places because of his (...) epistemological and psychological insights that human beings are moved to act by unease and that separating church and state removes the unease that causes religiously based political instability. We conclude by noting that Locke’s understanding of unease is foundational for his larger ambition to secure political liberty. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

This paper sketches a framework for the separation of church and state and, with the framework in view, indicates why a government’s maintaining such separation poses challenges for balancing two major democratic ideals: preserving equality before the law and protecting liberty, including religious liberty. The challenge is particularly complex where healthcare is either provided or regulated by government. The contemporary problem in question here is the contraception coverage requirement in the Obama Administration’s healthcare mandate. Many institutions (...) have mounted legal challenges to the mandate on grounds of religious freedom. The paper proposes a number of interconnected principles toward a resolution of the problem: for the institutional realm, specific principles for church-state separation and a principle concerning the protection of citizens’sense of identity; and for the ethics of citizenship in the conduct individuals, principles that provide an adequate place for natural (thus secular) reason in lawmaking and political decisions. (shrink)

The separation of church and state isn’t the same as separating religion from politics. Countries that have enshrined secularism have found themselves discussing religious architecture, law and clothing.

What motivated an absolutist Erastian who rejected religious freedom, defended uniform public worship, and deemed the public expression of disagreement a catalyst for war to endorse a movement known to history as the champion of toleration, no coercion in religion, and separation of church and state? At least three factors motivated Hobbes’s 1651 endorsement of Independency: the Erastianism of Cromwellian Independency, the influence of the politique tradition, and, paradoxically, the contribution of early-modern practices of toleration to maintaining (...) the public sphere’s religious uniformity. The third factor illustrates how a key function of the emerging private sphere in the early-modern period was to protect uniformity, rather than diversity; it also shows that what was novel was not so much the public/private distinction itself, but the separation of two previously conflated dimensions of publicity – visibility and representativeness – that enabled early-modern Europeans to envisage modes of worship out in the open, yet still private. (shrink)

This paper provides a theoretical discussion with point of departure in the case of Denmark of some of the theoretical issues concerning the relation liberal states may have to religion in general and religious minorities in particular. Liberal political philosophy has long taken for granted that liberal states have to be religiously neutral. The paper asks what a liberal state is with respect to religion and religious minorities if it is not a strictly religiously neutral state with full (...) separation of church and state and of religion and politics. To illuminate this question, the paper investigates a particular case of an arguably reasonably liberal state, namely the Danish state, which is used as a particular illustration of the more general phenomenon of “moderately secular” states, and considers how one might understand its relations to religion. The paper then considers the applicability to this case of three theoretical concepts drawn from liberal political philosophy, namely neutrality, toleration and recognition, while simultaneously using the case to suggest ways in which standard understandings of these concepts may be problematic and have to be refined. (shrink)

In Democratic Authority and the Separation of Church and State, Robert Audi addresses disagreements among equally rational persons on political matters of coercion by analysing the features of discussions between epistemic peers, and supporting a normative principle of toleration. It is possible to question the extent to which Audi’s views are consistent with the possibility of religious citizens being properly defined as epistemic peers with their non-religious counterparts, insofar as he also argues for some significant constraints on (...) religious reasons in public debates, and he advocates secular reasons being considered as equivalent to natural reasons. I shall also consider Jürgen Habermas’s criticism of Audi’s stance. One of Habermas’ main points focused on Audi’s strong division between religious and non-religious arguments that requires religious citizens to artificially split their reasons, while non-religiously affiliated citizens are not met with any similar requirement. Also, analysing the concept of epistemic parity, we can as well grasp some of the main features of the Habermasian idea of postsecularism. The difference between secular and postsecular views can be framed as hinging on what it means to be epistemic peers, thus bearing consequences on the understanding of the relationship between church and state—particularly regarding the nature of state neutrality and the different status of churches and organised secular groups. (shrink)

This paper was read at the University of Virginia at the XXXVIII ALDEEU conference of June 2018. -/- The phrase ‘Life, Liberty, and the pursuit of Happiness’ was Thomas Jefferson’s rewriting of Locke’s dictum, ‘Life, Liberty, and the pursuit of Property.’ Locke’s political philosophy speaks of a coming liberal age, engendering the Declaration of Independence. Anglo-Saxon historiography seemed to assure that Locke’s ideas were the autochthonous result of a historical process centered on the Reformation, Cromwellian parliamentary supremacy, and English commercial (...) practices. Some continental philosophers look instead to the theologians of the School of Salamanca for the European origins of liberty. In this paper I will examine the recent scholarship about the impressive contribution of this School which led Jefferson to ground the Declaration of Independence in scholastic thought. These scholastics provided the philosophical, legal, and economic framework for modern Europe, as it transitioned from its medieval concepts of social organization to the more liberal and individualistic one now. They were influential for a simple reason. The scholastic program used reason to develop its concepts of free will, popular sovereignty, and property rights – which well correspond to Locke’s phrase – and placed them in a congruent philosophical system derived from first principles using natural law. It was this coherent, logical framework that appealed most to the later thinkers Jefferson relied on when searching for a sound philosophical basis for the Declaration. The Hispanic neo-scholastics applied natural law to prior Conciliarist parliamentary ideas to establish a new relationship between the individual, the community, and the state. This framework emphasized a greater separation of church and state, popular sovereignty, deposition of kings, and checks on monarchical power. Others, including Protestants and Enlightenment thinkers, were later drawn to this system due to its sound basing in an essentialist, classical, natural law drawn from first principles. It was this foundational coherence which attracted others, including Jefferson, who tended to mistrust the basis of the resistance theorists that also relied on historicism or scripture, such as George Buchanan, the authors of Vindiciae Contra Tyrannos, or Locke himself. -/- . (shrink)

This essay addresses the definition of "atheism" and what it means to "defend atheism." It also shows why defending atheism is preferable to defending the separation of church and state.

Many of the Swiss Cantons have regulated the relations between church and state by establishing, in their public law, corporations at the levels of the municipality and of the canton. The role and the rights of these corporations, especially obligatory membership in them, is the object of ongoing political and legal debate. Both on the side of the courts and of the church, the present system has come under scrutiny, while the corporation representatives and also a majority (...) of the population seem intent on maintaining it. This paper explains and examines the presently valid church-state relations, focusing on the Canton of Zurich, and looks at the suggestions for reform elaborated by an experts’ commission instituted by the Conference of Swiss Bishops. In conclusion, it presents some more general reflections on the challenges to individual and corporative religious freedom today, in Switzerland and beyond. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:What's so Important about Music Education?Leonard TanJ. Scott Goble, What's so Important about Music Education? (New York, NY: Routledge, 2010)In What's so Important about Music Education, J. Scott Goble proposes a new philosophical foundation for music education in the United States based on the theory of semiotics by American pragmatist Charles Sanders Peirce. Following a brief summary, I will note several merits in Goble's book before sketching four (...) recommendations for future editions.In Chapter One, Goble notes how the inclusion of non-Western musics in the public schools as espoused in the 1967 Tanglewood Declaration has raised two crucial questions: "Whose music should be included in the curriculum?" and "What is the role or social importance of public school music education in the United States as a postmodern society?" Noting that music education was established in the United States during the modern era, and that the Tanglewood Declaration did not account for vast differences in beliefs about music, Goble argues that there is a need to establish a new philosophical foundation that can accommodate the varied beliefs and practices of diverse cultural groups in postmodern United States.In Chapter Two, Goble sketches and critiques five cultural anthropologists. Of the five, he singles out Clifford Geertz's conception of culture as "semiotic [End Page 201] webs" (p. 20) as the conceptual foundation that is appropriate for this study. He then links Geertz's notion of culture to the semiotic theory of C. S. Peirce which is to become the theoretical underpinning of the book. Subsequently, he unpacks many key Peircian themes: human conceptions are maintained not individually but collectively in cultural groups, provisional truth (as opposed to absolute Truth) is relative and dependent on conceptions of communities, and the scientific method is the sole mode of inquiry by which people in communities may use to satisfy their doubts to formulate beliefs. Most importantly, Goble expounds the "pragmatic maxim" that since humans live in communities united by common beliefs, "the 'clear' meaning of an idea held by a member of the community will almost inevitably stem from the beliefs—or ways of understanding—held by members of that community" (p. 30). Goble concludes the chapter by presenting the Peircian semiotic system of cognition which posits that a "sign" is conceptualized in a triadic relationship: the Sign or "Firstness," the Object or "Secondness," and the Interpretant or "Thirdness" (p. 33).In Chapter Three, Goble considers how music is a sign based on the theoretical framework laid in Chapter Two. Drawing on the work of ethnomusicologists, anthropologists, psychiatrists, and a neuroscientist, he formulates a Peircian pragmatic approach to musical practices which posits that "the musical practices of different cultural communities represent a diverse cluster of community-specific ritualized behaviors involving sound" (p. 252). Furthermore, each of the musical practices "serves those persons who meaningfully participate in it as a means of psychophysiological, psychosocial, and/or sociopolitical equilibration relative to the worldview—or ordered conception of Reality—they tacitly share" (p. 252). For Goble, this pragmatist conception of musical practices is neither ethnocentric, universalist, nor relativist, and can serve as a conceptual framework for all diverse musical practices in postmodern United States.With the Peircian pragmatic conception in mind, Goble examines historical factors that contributed to current conceptions of music in the United States in Chapter Four. He laments that as a result of European Enlightenment and three socio-political phenomena in the United States (the separation of church and state, promotion of no other worldview than democracy, and adoption of democratic capitalism), music is no longer pragmatically oriented but trivialized and pursued by self-serving musicians.In Chapter Five, Goble traces the philosophical justifications for music education throughout the history of the United States. While the sign "musical practice" was conceptualized as "worship" in colonial America, the sign "music" was conceived as "art" during the age of Enlightenment, and as "product" during the age of science and technology. Noting that Bennett Reimer's music education as aesthetic education is limited in its Western focus on music as works [End Page 202] of artistic objects, Goble aligns his Peircian conception along praxial lines—in particular, with... (shrink)

As he moves closer to half of his term as president of the Philippines, Rodrigo Roa Duterte has continually been in friction with the Catholic Church, specifically with certain members of its hierarchy. Mainly identifiable as the dividing line between Duterte’s administration and the Church is the issue on human rights particularly the extrajudicial killings (EJK) of suspected users and pushers of illegal drugs. This paper argues that Duterte’s attitude and positioning towards the Catholic Church neither strengthen (...) nor advance the Philippine state towards a greater degree of secularization. On the contrary, the Church has become more politically and publicly involved. Consequently, it has remained a key actor or interest group providing an alternative moral discourse to that of the government. (shrink)

The question of church-state separation has haunted America since her founding. James Madison and select founding fathers suggest that religions and states are better off when they minimize (or altogether eliminate) their interactions. Many Muslims in Iran, for instance, believe the opposite – aligning state functions with religious motives results in the most effective state. In this paper, I propose a model of thinking about church-state separation in which states and religions must (...) maintain epistemic vulnerability to allow legal, political, and socio-religious change. Simply put, epistemic vulnerability is an attitude of susceptibility to new sources and instances of knowledge. I present institutions as sets of constraints which interact with shared mental models. In this way, I explain how cultural institutions limit and shape individuals’ susceptibility to new knowledge. The more accommodating a religion is to self-assessment when confronted with new knowledge aids in forming institutions that are reliable, efficient, and robust for groups to grow and adopt new ideas. This results in a model of state-religion that highlights the impact on epistemic vulnerability when either religious organizations or state governance expand their responsibilities outside of their proper functions. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

Separation of powers is one of the ideas with profound theoretical and practical significance, especially in the field of political science. The birth of the theory of separation of powers marked the transition from the barbaric use of power in authoritarian societies to the exercise of civilized power in democratic societies. Therefore, separation of powers is considered an objective necessity in democratic states, a condition to ensure the promotion of liberal values, and a criterion for assessing the (...) existence and development of the Rule of Law where people's sovereignty plays a paramount role. On the way to perfecting political thinking, the theory of separation of powers has developed into a complete system in the main philosophy of John Locke. Within the scope of the article, the author focuses on analyzing Locke's ideology of separation of powers in terms of the nature of separation of powers, the basis and some principles of power division, and the roles of the different parts of government power and the relationship between them. (shrink)

In the pedagogy of Pancasila-based State, the Church recognizes the existence and function of State as the instrument of God to prevent/punish evil and strive for justice of all people. Church and state relationships inherently contain potential conflicts. This is because both the Church and State have a thorough claim on human life, in the sense that all the facets of human life have a spiritual and political dimension. The tension of the relationship (...) between Church and State should not be extinguished by subordinating one to the other, both in the form of „Church-State‟ and „State-Church‟. Therefore, in addition to rejecting totalitarianism and authoritarianism, Church and State must also reject theocracy, ecclesiocracy and a secular State. Responsibilities of the State‟s responsibility to the Church are mutual responsibilities and reciprocal cooperation and compatible with the pedagogy of Pancasila-based State in Indonesia, while the responsibility of the Church to the State is not mutual responsibilities and reciprocal cooperation, but asymmetric (being-for not being-with). (shrink)

Contemporary Islam presents Europe in particular with a political and moral challenge: Moderate-progressive Muslims and radical fundamentalist Muslims present differing visions of the relation of politics and religion and, consequently, differing interpretations of freedom of expression. There is evident public concern about Western “political correctness,” when law or policy accommodates censorship of speech allegedly violating religious sensibilities. Referring to the thought of philosopher Baruch Spinoza, and accounting for the Universal Declaration of Human Rights, the Universal Islamic Declaration of Human Rights, (...) and various empirical studies on the religious convictions of Muslims, it is argued here that: (1) sovereign European state powers should be especially cautious of legal censorship of speech allegedly violating Muslim religious sensibilities; and (2) instead of legal moves to censorship, European states should defer to the principle of separation of religion and state (political authority). Further, a reasonable interpretation of Islamic jurisprudence allows that matters of religious difference may be engaged and resolved by appeal to private conscience and ethical judgment, rather than by appeal to public law per se. In so far as they are 1 representative of contemporary scholarship, the interpretative positions of Ziad Elmarsafy, Jacques Derrida, and Nasr Abū Zayd are presented in illustration of this latter point. (shrink)

When it comes to epistemic normativity, should we take the good to be prior to the right? That is, should we ground facts about what we ought and ought not believe on a given occasion in facts about the value of being in certain cognitive states (such as, for example, the value of having true beliefs)? The overwhelming answer among contemporary epistemologists is “Yes, we should.” This essay argues to the contrary. Just as taking the good to be prior to (...) the right in ethics often leads one to sanction implausible trade-offs when determining what an agent should do, so too, this essay argues, taking the good to be prior to the right in epistemology leads one to sanction implausible trade-offs when determining what a subject should believe. Epistemic value—and, by extension, epistemic goals—are not the explanatory foundation upon which all other normative notions in epistemology rest. (shrink)

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by (...) the European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

There is an inconsistency among claims made (or apparently made) in separate articles by Alonzo Church concerning Frege's distinction between sense and denotation taken together with plausible assertions by Frege concerning his notion of ungerade Sinn-i.e., the sense that an expression allegedly takes on in positions in which it has ungerade Bedeutung, denoting its own customary sense. As with any inconsistency, the difficulty can be avoided by relinquishing one of the joint assumptions from which contradiction may be derived. Yet (...) what seems the most plausible resolution, in light of Church's own arguments, involves abandoning the theory of sense and denotation, in the form in which it has been staunchly advocated by both Frege and Church. That theory has come under sustained criticism from several quarters. Whereas the present difficulty supplements the case against the theory, it is unlike more familiar criticisms, since it is not framed from the perspective of an alternative theory (or picture) but is based instead on an internal conflict, and therefore has special force. (shrink)

In the wake of increased interventions into health and social problems arising from various behaviours in Cross River State, this paper is set to ascertain the most effective media that can be utilized for effective communication. The mass media of communication, including television, radio, newspapers and magazines, bill boards, hand bills, posters, theatre and many other social and interpersonal media of communication are available for patronage by interventionists targeting change in any society. The question however is which of the (...) media is the most viable? To determine this, a survey was conducted to sample the opinions of 140 media students from two higher institutions: the University of Calabar and the Cross River University of Technology (CRUTECH), all in Cross River State. The population of the study comprised both undergraduates and graduate students of Theatre and Media Studies and Mass Communication in both institutions. Findings reveal that out of the fourteen (14) media tools brought into limelight, radio, television, and billboards are the most patronized tools for change communication. The paper concludes and recommends that non-governmental organizations and the government can utilize radio, television, billboards and the church as the most effective media for change. (shrink)

The church is separate from the state. Thus, historically, it is seen that even though a government wasn’t secular, God was secular. He didn’t drag religion into politics, but silently did intervene to administer temporal justice and order in the world (i.e. temporal justice in relation to temporal authority). With regard to the church, it doesn’t seem that God is interested in an organized religion at all. Christianity had nothing to do with an external temple. Each Christian (...) is the temple of God. This is what frees Paul to do his own theology, separate from the Twelve. (shrink)

Although the historical reputation of Gottfried Wilhelm Leibniz (1646–1716) largely rests on his philosophical and mathematical work, it is widely known that he made important contributions to many of the emerging but still inchoate branches of natural science of his day. Among the many scientific papers Leibniz published during his lifetime are ones on the nascent science we now know as hydrology. While Leibniz’s other scientific work has become of increasing interest to scholars in recent years, his thinking about hydrology (...) has been neglected, despite being relatively broad in extent, including as it does papers on the ‘raising of vapours’ and the formation of ice, as well as the separation of salt and fresh water. That list can now be extended still further following the discovery of a previously unpublished letter of Leibniz’s on the causes of the devastating Lombardy flood of October and November 1705. This letter, which will be the focus of our paper, reveals the depth of Leibniz’s understanding of key hydrological processes. In it, he considers various mechanisms for the flood, such as heavy rains on high ground, underwater earthquakes, and a mountain collapse. Over the course of the paper we examine each of these mechanisms in depth, and show that Leibniz was in the vanguard of hydrological thinking. We also show that the letter contains one of the first scholarly attempts to apply aspects of the still-forming notion of the hydrological cycle to account for a flood event. (shrink)

Elements of Mind (EM) has two themes, one major and one minor. The major theme is intentionality, the mind’s direction upon its objects; the other is the mind–body problem. I treat these themes separately: chapters 1, and 3–5 are concerned with intentionality, while chapter 2 is about the mind–body problem. In this summary I will first describe my view of the mind–body problem, and then describe the book’s main theme. Like many philosophers, I see the mind–body problem as containing two (...) sub–problems: the problem of mental causation and the problem of consciousness. I see these problems forming the two horns of a dilemma. Just as the problem of mental causation pushes us towards physicalism, so the problem of consciousness pushes us away from it. Each problem reveals the inadequacy of the solution to the other. Essentially the problem of mental causation is the conflict between (i) the apparent fact that mental states and events have effects in the physical world and (ii) a general principle about the causal nature of the physical world, which is sometimes called the ‘causal closure’ or the ‘causal completeness’ of the physical world. This principle says that all physical effects have physical causes which are enough to bring them about. The problem then is simple: how can a mental cause have a physical effect if that effect also has a physical cause which is enough to bring it about? Barring massive overdetermination of our actions by independent causes, it seems that the best answer is to identify the mental and the physical causes. And this is traditionally how physicalists have argued for their identity theory of mind and body. However, many physicalists reject the identity theory, and therefore they have to solve the mental causation problem in some other way. At present, there is no consensus among physicalists on which of the currently proposed solutions is correct. In chapter 2 of EM I propose an alternative, which I call ‘emergentism’. Inspired by the rejection of the identity theory, Emergentism is the idea that mental properties are genu.. (shrink)

In this article I review the Supreme Court’s current use of its major questions doctrine to see if the justifications commonly offered for its existence can explain its current use. In the process of doing so, I examine what the doctrine is about, how it came into existence and how the Court has applied it, especially in context to two recent cases, West Virginia v. EPA and Biden v. Nebraska. As both of these cases implicate the regulatory state, I (...) place the primary focus of this article on how the doctrine should apply in context to judicial evaluation of the regulatory state. In so doing, I discover that the Court’s current reliance on constitutional separation of powers and checks and balances analyses seem too narrow both with respect to the concerns of the founding generation but also, and perhaps more importantly, to the Constitution’s goals for the kind of government it sought to establish going into the future. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

How can the law be characterized in a theory of collective intentionality that treats collective intentionality as essentially layered and tries to understand these layers in terms of the structure and the format of the representations involved? And can such a theory of collective intentionality open up new perspectives on the law and shed new light on traditional questions of legal philosophy? As a philosopher of collective intentionality who is new to legal philosophy, I want to begin exploring these questions (...) in this paper. I will try to characterize the law in terms of the layered account of collective intentionality that I have introduced in some earlier writings (Schmitz 2013; 2018). In the light of this account I will then discuss a traditional question in the philosophy of law: the relation between law and morality. I begin by giving a brief sketch of the layered account in the next section. Collective intentionality should be understood in terms of experiencing and representing others as co-subjects, rather than as objects, of intentional states and acts on different layers or levels. I distinguish the nonconceptual layer of the joint sensory-motor-emotional intentionality of joint attention and joint bodily action, the conceptual level of shared we-mode beliefs, intentions, obligations, values, and so on, and the institutional level characterized through role differentiation, positions taken in role-mode, e.g. as a judge or attorney, and writing and other forms of documentation. In the third section I introduce a set of parameters for representations such as their degree of richness, of context-dependence, of density and differentiation of representational role and of durability and stability, which can be used to more precisely distinguish different layers. I also put forward the hypothesis that these properties are connected and tend to cluster, and that higher levels can only function and determine conditions of satisfaction against lower level ones. In the fourth and final section I critically discuss the sharp positivistic separation of morality and the law according to which whether something is a law is completely independent of its moral merits. I argue that this only seems plausible if we take an observational stance towards the law, but not towards morality. When we treat them the same way, it rather appears that the moral attitudes of the co-subjects of a society will determine whether and to what extent they will accept its legal order. I conclude by proposing to think of the law as being itself an institutionalized form of morality. (shrink)

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

ABSTRACT Intellectual historians have tended to focus either on shifts in sensibility or, more analytically, on the substance and structure of thought. They might usefully, however, examine both, as well as the reciprocal action of the one upon the other. This applies equally to political and religious ideas. In early twentieth-century Ireland, it was the relationship between religion and politics that stirred controversy. How would the institutions of church and state function, respectively, under Home Rule and the Union. (...) Opposing camps advanced competing prognostications. This contest forces us to rethink the claim that revolutionary insurgency in Ireland was a species of ‘political religion’. The evidence points to a more complex picture while at the same time highlighting the persistence of sectarian attitudes in the historiography of the period. (shrink)

As the title, The Entangled State of God and Humanity suggests, this lecture dispenses with the pre-Copernican, patriarchal, anthropomorphic image of God while presenting a case for a third millennium theology illuminated by insights from archetypal depth psychology, quantum physics, neuroscience and evolutionary biology. It attempts to smash the conceptual barriers between science and religion and in so doing, it may contribute to a Copernican revolution which reconciles both perspectives which have been apparently irreconcilable opposites since the sixteenth century. (...) The published work of C.G. Jung, Wolfgang Pauli, David Bohm and Teilhard de Chardin outline a process whereby matter evolves in increasing complexity from sub-atomic particles to the human brain and the emergence of a reflective consciousness leading to a noosphere evolving towards an Omega point. The noosphere is the envelope of consciousness and meaning superimposed upon the biosphere a concept central to the evolutionary thought of visionary Jesuit palaeontologist Pierre Teilhard de Chardin (The Phenomenon of Man). -/- His central ideas, like those of Jung with his archetypes, in particular that of the Self, provide intimations of a numinous principle implicit in cosmology and the discovery that in and through humanity, evolution becomes not only conscious of itself but also directed and purposive. Although in Jung’s conception it was a “late-born offspring of the unconscious soul”, consciousness has become the mirror which the universe has evolved to reflect upon itself and in which its very existence is revealed. Without consciousness, the universe would not know itself. The implication for process theology is that God and humanity are in an entangled state so that the evolution of God cannot be separated from that of humankind. -/- A process (Incarnational) theology inseminated by the theory of evolution is one in which humankind completes the individuation of God towards the wholeness represented for instance in cosmic mandala symbols (Jung, Collected Works, vol. 11). Jung believed that God needs humankind to become conscious, whole and complete, a thesis explored in my book The Individuation of God: Integrating Science and Religion (Wilmette, IL: Chiron Publications 2012). This process theology like that implicit in the work of Teilhard de Chardin, is panentheistic so that God is immanent in nature though not identical with it (Atmanspacher: 2014: 284). (shrink)

Poverty is a social problem. Its alleviation has been one of the major issues that occupy a significant place in the scale of preference of developmental policies of several nations, international organizations, church and other interested stakeholders. Thus, the thrust of this work centers on poverty alleviation strategies of selected Churches in Anambra State: namely how this institution participates in some economic activities, skill acquisition programmes, and empowerment programmes, among others in view of controlling the scourge of poverty. (...) The research methods employed here are: both qualitative and quantitative - survey and documentary research methods of data collection. The survey method collects data through designed research questionnaire and oral interview with some respondents respectively, while in qualitative approach is the content analysis of written sources such as books, journal articles and online sources that are relevant to the research. The findings of this research show that poverty is human-induced problem manifested in the mismanagement of resources and other forms of ills. Selected churches in Anambra State has reduced the effects of poverty through its collaboration with the State and Non-Governmental Organizations in poverty reduction programmes. (shrink)

The Origin of Consciousness Abstract The existence of human consciousness has received a great deal of attention within the scientific community. There are some who deny its existence altogether. There are those who believe it is nothing more than the result of physical properties within the brain. And there are some who contend it exists separate and apart from the brain. Many of these theories have been shaped by the desire of evolutionists to explain human consciousness via a purely materialistic/mechanistic (...) bent. In this paper, we provide a historical background to the conflict and examine the two broad categories—monism and dualism—that are used in an attempt to explain human consciousness. We also discuss many of their subcategories, to see how each fare in light of the available facts. Increasingly, experimental data document the fact that human consciousness is separate and distinct from the mere physical matter of the brain. This understanding indicates that there is, then, a non-material aspect of human beings that must be accounted for. (shrink)

The article outlines the key areas of the charitable and educational activities of the Orthodox Church, which are analyzed during religious reforms in the 19th and early 20th centuries. in Russia. It is shown that at that time the scale of charity aid and the responsibilities of charitable organizations increased; the control over the distribution of aid has improved, the role of the Church in the social protection of the population has increased. The conclusions made in the article (...) allow us to look at a holistic picture of the Church's activities in providing the educational process in Russian church schools during the period under study. It turned out that the concrete activity of the clergy, which was impossible without the proper level of education, placed the clergy in the most literate category of the population. It is the priests, in the absence of a developed education system in Russia, began to introduce primary public education. This article helps to understand and systematize the position of the Church as a spiritual and moral institution that preserves Russia's cultural heritage. Of particular importance is the regional nature of the topic under study, which makes it possible to understand the general and specific relations between the Church and the state. For the international community, the article will be useful as an archival exhibition, which is a rare publication that reveals the relationship between the Orthodox Church and the state in Russia in the 19th and early 20th centuries. (shrink)

Entanglement has been called the most important new feature of the quantum world. It is expressed in the quantum formalism by the joint measurement formula. We prove the formula for projection valued observables from a plausible assumption, which for spacelike separated measurements is an expression of relativistic causality. The state reduction formula is simply a way to express the joint measurement formula after one measurement has been made, and its result known.

When Neil MacCormick, in the wake of the launch of the Maastricht Treaty on European Union, went “beyond the Sovereign State” in 1993, he fundamentally challenged the heretofore dominant paradigm of legal ordering in the European context which considered law to be singular, unified and confined within sovereign nation states. The original insight of MacCormick might, however, be pushed even further, as a historical re-construction reveals that legal pluralism is not only a trademark of recent historical times, marked by (...) the European integration process, but has also been at the very core of legal evolution in Europe throughout its modern history. The introduction of modern law in Europe can be traced back to the eleventh and twelfth century Investiture Conflict between the Church and the Emperor, a conflict which solidified the existence of two parallel universes of law, one Church-based and one empire-based, both of which rested, in principle, upon mutually exclusive claims to superiority, but which nonetheless became institutionally stabilized in a manner which allowed for mutual co-existence between them. The existence of such parallel universes of law has throughout, also in the “Westphalian world”, been a central characteristic of European law. It is suggested that the current constellation between the EU and its Member States should be viewed in this light. (shrink)

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

This paper argues that liberal states are wrong to forcibly separate through deportation the unauthorized immigrant parents of member children and that states must therefore regularize such unauthorized immigrants. While most arguments for regularization focus on how deportation wrongs the unauthorized immigrants themselves, I ground my argument in how deportation wrongs the state’s members, namely the unauthorized immigrants’ member children. Specifically, forced separation through deportation wrongs affected children by violating a basic right to sustain the intimate relationships with (...) their parents on which they rely for their development into fully autonomous agents. (shrink)

The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be accompanied by a (...) possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

Charles Taylor has written three big books on the self-understandings of modern age andmodern individuals. -/- Hegel -/- (1975) focused on one towering figure, and held that Hegel -/- ’ -/- saspirations to overcome modern dualisms are still ours, but Hegelian philosophicalspeculation is not the way to do it. -/- Sources of the Self -/- (1989) ran the intellectual historyfrom peak to peak, stressing the continuous presence of modern tensions and cross- pressures between Enlightenment and Romanticism. -/- A Secular Age (...) -/- (2007) aims to cover the valleys as well, trying to explain how certain -/- “ -/- secular -/- ” -/- understandings have come toexistence and have managed to spread themselves from the elites into the prevailing taken-for-granted background imaginaries.Taylor begins by distinguishing three senses of secularity. The first can be called -/- “ -/- political -/- ” -/- , focusing on the separation of state and church, while the second one is -/- “ -/- sociological -/- ” -/- , focusing on the statistics of religious belief and practice. The third one can perhaps be called -/- “ -/- existential -/- ” -/- and it seems to be harder to define. It concerns what Taylor calls broad background conditions of belief and spiritual searching: something like thegeneral assumptions implicit in one -/- ’ -/- s lived experience, social and cosmic imaginary, whichmake a difference to what form (if any) one -/- ’ -/- s religious aspirations take. Taylor focuses onthis third sense and asks what has changed in that respect between 1500 when lack of belief in God was unimaginable, and 2000, when belief is one option among many. (shrink)

Michiel Wielema: The March of the Libertines. Spinozists and the Dutch Reformed Church (1660–1750). ReLiC: Studies in Dutch Religious History. Hilversum: Uitgeverij Verloren, 2004; pp. 221. The Dutch Republic of the seventeenth century is famous for having cultivated an extraordinary climate of toleration and religious pluralism — the Union of Utrecht supported religious freedom, or “freedom of conscience”, and expressly forbade reli- gious inquisition. However, despite membership in the state sponsored Calvinist Dutch Reformed Church not being compulsory, (...) the freedom to gather and worship, or “to air anti-Christian or atheistic opinions” was little tolerated “within” the organized structure of the church, which functioned more as “an exclusive organisation for those willing to submit freely to certain confessional canons and to the disciplinary author- ity of the church’s governing bodies” (10): the consistories, classes, and synods. Those not prepared to submit to Reformed doctrine were free to leave the church without fear of any legal or political repercussions. However, for those not prepared to leave for reasons of personal belief, matters turned out to be quite different. Because the Reformed Church enjoyed full State protection, matters of doctrinal conflict could well evolve into political affairs. And, contrary to the Union of Utrecht, religious inquisition was in some cases actually applied with political approval for “heretics” within the Reformed Church. The main focus of The March of the Libertines is an investigation of this obvious tension. (shrink)

Kant makes a much-unexpected confession in a much-unexpected place. In the Criticism of the third paralogism of transcendental psychology of the first Critique Kant accepts the irrefutability of the Heraclitean notion of universal becoming or the transitory nature of all things, admitting the impossibility of positing a totally persistent and self-conscious subject. The major Heraclitean doctrine of panta rhei makes it impossible to conduct philosophical inquiry by assuming a self-conscious subject or “I,” which would potentially be in constant motion like (...) other thoughts. For it rules out the possibility of completely detached reasoning which necessitates an unchanging state of mind. In this paper, Kaplama uses panta rhei to critically examine the philosophical shortcomings and contradictions of Kantian and Enlightenment ethics. In his examination, he specifically focuses on the teleological nature of Kant’s principle of freedom and ideal of moral autonomy which have dominated the Enlightenment thought. By doing so, he argues that it is essentially inaccurate to posit Überlegenheit (the state of being superior to nature) as the foundation of philosophical inquiry mainly because this would contradict the Enlightenment’s claim to constitute a rupture from classic and medieval metaphysics and would render Enlightenment a mere extension of Christian metaphysics. As in Christianity, Überlegenheit presupposes two separate realms, the actual (contingent) and ideal (pure) realms of thought and assumes that the transcendence commences from the level of the late metaphysical/teleological construction of the ‘subject’ who is completely persistent, self-conscious and immune to change. He then substantiates these points with reference to the philosophical roots of ethnic prejudice displayed by the post-Enlightenment colonialists and the missionaries in Fiji and the Pacific. This brief critical examination of the post-Enlightenment ethnocentrism will be conducted under the following three points: a) On the Enlightenment’s teleological and universalistic understanding of humanity and the concept of progress versus the Fijian concepts of the continuity of life, regeneration, and reproduction b) On the Enlightenment’s ideal of the free-willing and independent individual subject versus the Fijian ideas of 'the cord', reciprocity, and vanua, and c) On the Enlightenment’s (and Christianity’s) strict dualism between physics and metaphysics, nature and human mind, body and soul versus the Fijian bio-centrism, the sanctity of vanua and the cosmological concept of mana. (shrink)

Empirical evidence shows that non-conscious appraisal processes generate bodily responses to the environment. This finding is consistent with William James’s account of emotion, and it suggests that a general theory of emotion should follow James: a general theory should begin with the observation that physiological and behavioral responses precede our emotional experience. But I advance three arguments (empirical and conceptual arguments) showing that James’s further account of emotion as the experience of bodily responses is inadequate. I offer an alternative model, (...) according to which responses (physical states) are perceived and interpreted by a separate cognitive process, one that assigns meaning to those responses. The non-conscious appraisal process and the interpretive process are distinct, hence a two-stage model of emotion. This model is related to Schachter and Singer’s two-factor theory. Their often-discussed experiment showed that interpretation can play a role in producing emotions. But they do not show that interpretation is necessary for producing emotions in general, outside of the experimental conditions that generated unexplained arousal in subjects. My two-stage model supports this stronger claim by situating the interpretive process in a comprehensive model of emotion. (shrink)

In this paper, I argue against any state intrusion and interference that amounts to scrutiny of parents based on their decision to separate. The state, to my mind, ought not to be involved in childrearing decisions in cases of divorce unless there is a sufficient reason, and, as I will argue, divorce per se does not present a level of risk to children that justifies state intervention. The claims I am about to make apply not only to (...) parental capability tests but also to the entire process of legal divorce, which allows the courts to decide who they believe is a better parent—a decision that, in my view, the state is not capable of (and should not be) making. I do not claim that states ought not to interfere at all but rather that, unless parents fail to do what they are morally required to do, state interference should not be permitted. To make this case, I present two claims: claim A, that only a risk reaching a certain level (which I will call level H) justifies state intervention; claim B, that the act of divorce does not meet level H; and therefore C, there is no justification for state intervention in divorce. (shrink)

With its June 2004 statement Catholics in Political Life, the United States Conference of Catholic Bishops opened an important and far-reaching discussion about how Catholic individuals ought to comport themselves in political life, and-indirectly-about how Catholic institutions-including Catholic law schools-ought to decide whether or not to give awards, honors, or platforms to those whose views about key moral and political issues may differ from the views expressed in the teachings of the Catholic Church. On the basis of a simple (...) and straightforward reading of the 2004 statement, it might appear that the bishops wanted to say that no Catholic institution-and thus no Catholic law school-should give awards, honors, or platforms to those who endorse or promote views that differ from the fundamental moral teachings of the Church. An important part of the statement plainly declares: "The Catholic community and Catholic institutions should not honor those who act in defiance of our fundamental moral principles. They should not be given awards, honors or platforms which would suggest support for their actions." A few moments of reflection will reveal, however, that the issue here is somewhat more complicated than what one might infer from a simple and straightforward reading of the statement. The aim of the present paper is not to settle the question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. Instead, the aim is to begin articulating some of the underlying conceptual issues that perhaps ought to be addressed in preparation for answering the further question of whether and how a Catholic law school ought to give awards, honors, or platforms to certain individuals or groups. (shrink)

The modern form of government resort their legitimacy to democracy and Republican concept. In any viable way, the political power no longer entertains the dynasty or any divinity from the religion. Then who are responsible to make us fateful if we are any kind of citizen in a polity. Often it is true that the government has to be an amalgam of power elites, and divided for a limited government. The modern democratic constitutionalism considered this aspect any most in primacy (...) to defend or promote their privileges or vision. This root context of civil interaction around 17th and 18th centuries has underlain the modern form of democratic state. Within the concern of these two points, the paper has explored the main feature of limited government in the liberal constitutionalism, which deals with the separation of powers principle, distribution of governmental powers and some of controversies involving the social legislation and role of public officers. I hope that it could be a lesson for the public officer of both camps, one as realistically and the other in the context of analogical insights. Hopefully, I may expect that the following research may be bred in socialist tension of states about how the public officers are structured to act and could liberate themselves to progress. (shrink)

Quantum mechanics admits a “linguistic interpretation” if one equates preliminary any quantum state of some whether quantum entity or word, i.e. a wave function interpret-able as an element of the separable complex Hilbert space. All possible Feynman pathways can link to each other any two semantic units such as words or term in any theory. Then, the causal reasoning would correspond to the case of classical mechanics (a single trajectory, in which any next point is causally conditioned), and the (...) probabilistic reasoning, to the case of quantum mechanics (many Feynman trajectories). Frame semantics turns out to be the natural counterpart of that linguistic interpretation of quantum mechanics. (shrink)

In this paper I draw apart two different contexts of Freirean pedagogical practice that I label interactional and institutional. The interactional refers to the immediate learning environment with relation to the interaction between the students and the teacher. In contrast, the institutional refers to how the institutions of education are managed, constructed, and organised and how they relate to the individuals those institutions are composed of. I begin by presenting a brief overview of Freire’s argument in favour of a revolutionary (...) pedagogy. I then highlight how this project is represented at both interactional and institutional levels with a particular focus upon the practice of the revolutionary leaders and their role in the development of the humanisation of the oppressed. In presenting the interactional and institutional elements of Freire’s pedagogy separately the tension between the individual and the state is made plain and the limitations of his politico-educational project are drawn out. I argue that due to an inconsistent application of the relationship between means and ends in Freire’s politico-educational project an incoherence between the interactional and institutional levels of education is highlighted. In responding to this limitation of Freire’s politico-educational project with a thoroughly interconnected relationship of means and ends I show that there remains a necessary conflict between the interests of the individual and the state. As a result of this a door is opened for the development of an argument in favour of the disestablishment of education and state from a Freirean perspective. (shrink)