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)

The separation of powers principle deeply heritaged in the US constitutionalism affected and continues to influence the law and public policy in the nation. The tripartite scheme of government was quarreled over the history how we have to perceive any best adequate interaction among the Congress, Executive and Judiciary. The Constitution itself merely quibbles on this point, and the Supreme Court justices, in some cases, would not be done as a clear cut for the scope of constitutional power (...) conferred on each branch. As the stare decisis is a rule in the common law countries, it is less prospective to anticipate that a quantum leap can be made for the new paradigm of constitutional government in the US. In this challenge, the paper deals with the sensitive area of three powers involving the issue of presidential privilege and immunity, justiceability and standing, as well as judicial control of public agencies. In the course of discussion, several landmark cases were illustrated to make a point for the angulated controversies, typically involving the pressing pubic issues and officers of absolute or qualified immunity. Given the diverse structure of government, the US model had been followed by many new born republics in 20th centuries. The author would wish that the paper provides a comparative lesson for the circle of those countries. (shrink)

Separation of institutions, functions and personnel – Checks and balances – Hungary, Poland, Czechia, Slovakia – Short tradition of separation of powers in Central Europe – Fragile interwar systems of separation of powers – Communist principle of centralisation of power – Technocratic challenge to separation of powers during the EU accession – One-sided checks on the elected branches and empowering technocratic elitist institutions – Populist challenge to separation of powers in the (...) 2010s – Re-politicising of the public sphere, removing most checks on the elected branches, and curtailing and packing the unelected institutions – Technocratic and populist challenges to separation of powers interrelated more than we thought. (shrink)

In this article, we analyze how the checks-and-balances principle in the Finnish Constitution regarding the declaration of the state of emergency. We first discuss the basic principles of the separation of powers and checks and balances, and explicate how these principles are relevant to declaring a state of emergency (section 2). We then move on to analysing the Finnish legal order, de lege lata, regarding the declaration of the state of emergency, both on the level of the Constitution (...) and on the level of the Emergency Powers Act (section 3). This section elaborates the role of the legislative branch in checking the executive and the authority of the executive(s) in declaring a state of emergency. By means of our theoretical discussion and legal analysis, we will evaluate critically the declaration requirement’s political entailments for the Finnish legal system and propose some changes for the future, de lege ferenda (section 4). This evaluation critically assesses the present legislation regarding the declaration and its recent practice during COVID-19 pandemic. (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)

Hume thought that if you believed in powers, you believed in necessary connections in nature. He was then able to argue that there were none such because anything could follow anything else. But Hume wrong-footed his opponents. A power does not necessitate its manifestations: rather, it disposes towards them in a way that is less than necessary but more than purely contingent. -/- In this paper a dispositional theory of causation is offered. Causes dispose towards their effects and often (...) produce them. But a set of causes, even though they may succeed in producing an effect, cannot necessitate it since the effect could have been counteracted by some additional power. This would require a separation of our concepts of causal production and causal necessitation. The most conspicuous cases of causation are those where powers accumulate and pass a requisite threshold for an effect to occur. -/- We develop a model for representing powers as constituent vectors within an n-dimensional quality space, where composition of causes appears as vector addition. Even our resultant vector, however, has to be understood as having dispositional force only. This model throws new light on causal modality and cases of prevention, causation by absence and probabilistic causation. (shrink)

The application of artificial intelligence (AI) to judicial decision-making has already begun in many jurisdictions around the world. While AI seems to promise greater fairness, access to justice, and legal certainty, issues of discrimination and transparency have emerged and put liberal democratic principles under pressure, most notably in the context of bail decisions. Despite this, there has been no systematic analysis of the risks to liberal democratic values from implementing AI into judicial decision-making. This article sets out to fill this (...) void by identifying and engaging with challenges arising from artificial judicial decision-making, focusing on three pillars of liberal democracy, namely equal treatment of citizens, transparency, and judicial independence. Methodologically, the work takes a comparative perspective between human and artificial decision-making, using the former as a normative benchmark to evaluate the latter. -/- The chapter first argues that AI that would improve on equal treatment of citizens has already been developed, but not yet adopted. Second, while the lack of transparency in AI decision-making poses severe risks which ought to be addressed, AI can also increase the transparency of options and trade-offs that policy makers face when considering the consequences of artificial judicial decision-making. Such transparency of options offers tremendous benefits from a democratic perspective. Third, the overall shift of power from human intuition to advanced AI may threaten judicial independence, and with it the separation of powers. While improvements regarding discrimination and transparency are available or on the horizon, it remains unclear how judicial independence can be protected, especially with the potential development of advanced artificial judicial intelligence (AAJI). Working out the political and legal infrastructure to reap the fruits of artificial judicial intelligence in a safe and stable manner should become a priority of future research in this area. (shrink)

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

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)

The human race has been socially organizing itself for probably about 1.8 million years. The first form of human organization was the hunter-gatherer, which was the form of organization in which man lived for about 99 % of his history. This mode of life caused humans to organize themselves into small groups and lead a nomadic life. The nomadic life ensured that these groups had no possessions and no wealth could be accumulated. In this manner, this form of human organization (...) ensured egalitarianism, a form of primitive communism. This changed dramatically with the development of agriculture in the so-called Neolithic Revolution in 10,000 BC. With the development of agriculture and the consequent development of technology, man became sedentary, the first towns were formed, and the class system made its appearance, that is, the separation between an administrative class and a productive class. The egalitarian and communist primitive society gave way to an increasingly centralized and hierarchical society. From network theory, they have been insisting for years on the benefits of the so-called scale-free networks, networks governed by certain privileged nodes called hubs. These networks are said to be slightly vulnerable and highly robust to errors. In this work, we perform a deep network analysis of a group of centralized-hierarchical networks and a group of decentralized-distributed networks. This work provides clear and compelling evidence that, contrary to what is maintained, decentralized-distributed networks are the least vulnerable and most robust networks, and are the networks that ensure an equitable and equal distribution of power and influence among their members. These results are analyzed in the context of network theory, and are discussed in relation to the theories of Jeremy Rifkin, Ernst Schumacher, Alexander Bogdanov and Aldous Huxley. (shrink)

It is great honor to be even a virtual part of an event to celebrate the work of Leslie Zines, and especially to celebrate it in such august company. Leslie was a colleague that I greatly admired and liked. The disciplinary divide between us was not any bar to affection, though Leslie never let me forget that the constitutional-law terrain was sacred ground on which outsiders ventured at their peril. I particularly enjoyed the way that he, like our mutual, recently (...) departed friend, Paul Finn, gently mocked the pretensions of a philosopher to declaim on topics jurisprudential. I fear I’m going to tread on his ground again in this little paper and I can only beg his, and Paul’s, posthumous indulgence. My topic is the dispersion of power within the state. This ideal has a long history but has ceased to be much celebrated by those who endorse it and has come in for fierce attack among populist opponents. It’s not an exaggeration to say, in Yeats’s words, that on this subject ‘The best lack all conviction, while the worst Are full of passionate intensity’. In this short paper I would like to rehearse reasons why we should warmly endorse the dispersive ideal. And endorse it, regardless of how we dub it: whether, for example, we describe it in a mainly twentieth-century formula, as the separation of powers; in an eighteenth-century antecedent as a regime of checks and balances; in an earlier name that goes back to the Roman Republic as a mixed constitution; or in a term I myself favor as a polycentric arrangement or system. (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)

In Foucault, thought is spatial, and unfolds within the density of becoming, in the void that separates the subject and the object. It is ontologically independent from the authority of the contemplating self, the ‘I’. Thought is a being of its own, and comes from the outside – the world of relationships. The present study poses to itself the following question: if thinking indeed comes from the outside, then under what condition thinking can encounter itself – its colour, texture and (...) topography? That is, under what condition can man encounter himself and the world? Since this problem does not have its origin in Foucault’s work, this work does not arrive at any conclusion merely by analysing and evaluating his work alone. Rather, it aims to explore how Foucault has incorporated Kant and Nietzsche into his thinking, on the one hand, and contextualises him within the Western tradition in general and his responses to contemporaries Deleuze and Derrida, in particular, on the other. Consequently, this study is limited by the sheer weight of its own problematisation. However, the problem of ‘under what condition thought encounters itself?’ is here posed not for the sake of constituting a form of knowledge on it, but rather, it is asked from the point of view of ethics. This, in fact, demands a reordering of the forms of ontology that Foucault has developed at different stages of his career. There are three forms of ontology in Foucault’s work: the first analyses man as the subject of truth; the second takes up man as the subject of power; and the third analyses man as an ethical being. The present study reverses the order and examines his work in its totality from the standpoint of his later writings that deal with the problem of truth and ethics. It tries to connect two problems that pop up at different stages of Foucault’s career. The Order of Things asks the question, “what is man?” and in his later writings Foucault labours on the question, “how should I live my life?” This study tries to relate these two questions, as it unfolds itself. (shrink)

This paper argues that Wolff’s rejection of Leibnizian monads is rooted in a disagreement concerning the general notion of substance. Briefly, whereas Leibniz defines substance in terms of activity, Wolff retains a broadly scholastic and Cartesian conception of substance as that which per se subsists and sustains accidents. One consequence of this difference is that it leads Wolff to interpret Leibniz’s concept of a constantly striving force as denoting a feature of substance separate from its static powers, and not (...) as their replacement. For Wolff, powers are essential possibilities of acting in subjects suited for independent existence. Force is a further ingredient that provides a reason for the contingent operation of powers. Unlike Leibniz, Wolff conceives force narrowly as a principle of actuality, which he calls the “nature” of substance, as distinct from its principle of possibility, or essence. (shrink)

Much attention has been devoted recently to cases where a controversial speaker is invited to speak on campus and subsequently some members of the university seek to have that speaker disinvited. Debates about such scenarios often blur together legal, normative, and empirical considerations. I seek to help clarify issues by separating key legal, normative, and empirical questions. Central to my examination is the idea of the university as a multi-forum institution—i.e. a complex public institution whose parts contain different types of (...) forums. I conclude that it is sometimes legally and normatively permissible (1) for universities to disinvite speakers, and (2) for students to seek to get speakers they consider unacceptable disinvited. I also suggest that my arguments sometimes extent to shouting down speakers. (shrink)

Against several recent interpretations, I argue in this chapter that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but (...) also a representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. (shrink)

Against several recent interpretations, I argue in this paper that Immanuel Kant's support for enlightened absolutism was a permanent feature of his political thought that fit comfortably within his larger philosophy, though he saw such rule as part of a transition to democratic self-government initiated by the absolute monarch himself. I support these contentions with (1) a detailed exegesis of Kant’s essay "What is Enlightenment?" (2) an argument that Kantian republicanism requires not merely a separation of powers but (...) also a representative democratic legislature, and (3) a demonstration that each stage of a democratic transition can potentially be in an absolute monarch’s short-run self-interest. I conclude the paper by defending Kant's theory of democratization against charges of consequentialism and paternalism and by pointing out its similarity to other accounts of democratic transitions (for example, those of Samuel Huntington and Guillermo O'Donnell), suggesting a previously unnoticed opportunity for cross-fertilization between political philosophy and comparative politics. (shrink)

We present a simple example that disproves the universality principle. Unlike previous counter-examples to computational universality, it does not rely on extraneous phenomena, such as the availability of input variables that are time varying, computational complexity that changes with time or order of execution, physical variables that interact with each other, uncertain deadlines, or mathematical conditions among the variables that must be obeyed throughout the computation. In the most basic case of the new example, all that is used is a (...) single pre-existing global variable whose value is modified by the computation itself. In addition, our example offers a new dimension for separating the computable from the uncomputable, while illustrating the power of parallelism in computation. (shrink)

In this paper, I aim to show that the critical appropriation of political power can be a potential tool in transforming political structures into just institutions. To achieve this aim, I will employ Ricoeur's hermeneutics of symbols because in his different political essays, he consistently regards political power as akin to a symbol. Thus, for him, the critical appropriation of political power requires a hermeneutical procedure. And so in my discussion, I will devote one section for Ricoeur's hermeneutics of symbols, (...) one for his thoughts on political power, and another one for the critical appropriation of political power through the hermeneutics of symbols. To put Ricoeur's political and hermeneutical thoughts in a better light, I will introduce these sections with a separate section on his philosophical anthropology. In my conclusion, I will affirm that transforming political structures into just institutions is very much possible through the critical appropriation of political power. It is such a potential tool in effecting these transformations because the critical appropriation of political power involves a hermeneutical procedure that follows a three-step process of reflection. And reflection, which makes way for the critical appropriation of political power, is what ensures that power rests only in the hands of those who are more likely to advance the common good, resulting into a greater possibility for the transformation of political structures into just institutions. (shrink)

Philosophers of science turned to historical case studies in part in response to Thomas Kuhn's insistence that such studies can transform the philosophy of science. In this issue Joseph Pitt argues that the power of case studies to instruct us about scientific methodology and epistemology depends on prior philosophical commitments, without which case studies are not philosophically useful. Here I reply to Pitt, demonstrating that case studies, properly deployed, illustrate styles of scientific work and modes of argumentation that are not (...) well handled by currently standard philosophical analyses. I illustrate these claims with exemplary findings from case studies dealing with exploratory experimentation and with interdisciplinary cooperation across sciences to yield multiple independent means of access to theoretical entities. The latter cases provide examples of ways that scientists support claims about theoretical entities that are not available in work performed within a single discipline. They also illustrate means of correcting systematic biases that stem from the commitments of each discipline taken separately. These findings illustrate the transformative power of case study methods, allow us to escape from the horns of Pitt's "dilemma of case studies," and vindicate some of the post-Kuhn uses to which case studies have been put. (shrink)

This article is devoted to the analysis of the socio-semiotic theory of M.Foucault, which allows clarifying the phenomenal horizon in the socio-political space. Social semiotics is viewed as a grammar of a separate sign system that describes the area of a specific communicative phenomenon controlled by a system of meanings. Power, using semiotic techniques, marking space, creates a disciplined body, a disciplined person, and a disciplined consciousness. The means of coercion reveal those on whom they influence but also manifest the (...) very place of Power. At the same time, Power, functioning as a draft mechanism, attracts and extracts both the norm and deviations, which it tirelessly monitors. Specific ways of speaking, pronouncing, and certain constructions of signs and symbols that shape the social space reveal the space for the manifestation of Power. Through the use of the technique of signs that permeates the entire social space, Power is economically and efficiently distributed throughout the body of society, codifies all possible behavior, and therefore reduces the indefinite area of all possible actions. All human gestures and actions can be interpreted as semantic units that can be rationally explained and systematized. (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)

This essay is divided into two parts, deeply intermingled. Part I examines not only the origin of conscious experience but also how it is possible to ask of our own consciousness how it came to be. Part II examines the origin of experience itself, which soon reveals itself as the ontological question of Being. The chief premise of Part I is that symbolic communion and the categorizations of language have enabled human organisms to distinguish between themselves as actually existing entities (...) and their own immediate experience of themselves and their world. This enables them to reflect upon abstract concepts, including “self,” “experience,” and “world.” Symbolic communication and conceptualization grow out of identification, the act of first observing conscious experiencing and intimating what it is like, mimesis, a gestural protolanguage learned through imitation, and reflection, seeing oneself through the eyes of others. The step into actual intentional speech is made through self-assertion, narrative, and intersubjectivity. These three become the spiral of human cultural development that includes not only the adaptive satisfaction of our biological needs, but also the creativity of thought. With the mental-conceptual separation of subject and object – of self and world – the human ability to witness the universe (and each other) is the ground of our genuinely human quality. Consciousness gives human life its distinctively human reality. It is, therefore, one and the same ability that enables us to shape planet Earth by means of conceptual representations (rather than by means of our hands alone) while also awakening us to the significance of being. -/- Looking beyond human self-consciousness to investigate the origin and nature of awareness itself in Part 2, reductive objective materialism is found to be of little use. Direct experience also falls short in that, in order to be transformed into objective knowledge about itself, it must always be interpreted through and limited by the symbolic contexts of culture and the idiosyncratic conceptualizations of the individual. Awareness-in-itself must thus be considered ultimately unexplainable, but this may more indicate its inexpressible transcendence of all symbolic qualifiers than its nonexistence. It is suggested that awareness is not “self-aware” (as in deity) but is instead unknowing yet identical with the only true universal: the impetus of creative unfolding. Our human knowledge, as an expression of this unfolding, is seen to emerge from our conscious experiencing and, in turn, to have the power – and enormous responsibility – of directing that experience. Our underlying symbolic worldviews are found to be autopoietic: They limit or open our conscious experience, which, in turn, confirms those worldview expectations. As we explore a future of unforeseeable technological breakthroughs on an ailing planet who patiently copes with our “success,” truly vital decisions about the nature, meaning, extent, and future of conscious experience will have to be made. (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)

A classification of the global catastrophic risks of AI is presented, along with a comprehensive list of previously identified risks. This classification allows the identification of several new risks. We show that at each level of AI’s intelligence power, separate types of possible catastrophes dominate. Our classification demonstrates that the field of AI risks is diverse, and includes many scenarios beyond the commonly discussed cases of a paperclip maximizer or robot-caused unemployment. Global catastrophic failure could happen at various levels of (...) AI development, namely, before it starts self-improvement, during its takeoff, when it uses various instruments to escape its initial confinement, or after it successfully takes over the world and starts to implement its goal system, which could be plainly unaligned, or feature-flawed friendliness. AI could also halt at later stages of its development either due to technical glitches or ontological problems. Overall, we identified around several dozen scenarios of AI-driven global catastrophe. The extent of this list illustrates that there is no one simple solution to the problem of AI safety, and that AI safety theory is complex and must be customized for each AI development level. (shrink)

In paleontology, the discovery of funeral rites is an important factor in determining the degree of social awakening of a hominid. This awareness of death is an engine of social cohesion (uniting to resist disasters and enemies) and action (to do something to leave a trace). It is an important element of metaphysical reflection. This is also what gives the symbolic power to acts such as homicide and suicide. According to Plato, death is the separation of soul and body. (...) Finally freed from his fleshly prison, the immortal soul can freely reach the sky of Ideas, Eternity, the domain of philosophers. (cf. Phaedo). (shrink)

Feminists have urged women to take semantic authority. This article explains what such authority is, how it depends upon community recognition, and how it differs from privilege and from authority as usually conceived under patriarchy. Understanding its natures and limits is an important part of attaining it. Understanding the role of community explains why separatism is the logical conclusion of this project, and why separatism is valuable even to those who do not separate.

The republican tradition has long been ambivalent about markets and commercial society more generally: from the contrasting positions of Rousseau and Smith in the eighteenth century to recent neorepublican debates about capitalism, republicans have staked out diverse positions on fundamental issues of political economy. Rather than offering a systematic historical survey of these discussions, this chapter will instead focus on the leading neo-republican theory—that of Philip Pettit—and consider its implications for market society. As I will argue, Pettit’s theory is even (...) friendlier to markets than most have believed: far from condemning commercial society, his theory recognizes that competitive markets and their institutional preconditions are an alternative means to limit arbitrary power across the domestic, economic, and even political spheres. While most republican theorists have focused on political means to limit such power—including both constitutional means (e.g., separation of powers, judicial review, the rule of law, federalism) and participatory ones (democratic elections and oversight)—I will examine here an economic model of republicanism that can complement, substitute for, and at times displace the standard political model. Whether we look at spousal markets, labor markets, or residential markets within federal systems, state policies that heighten competition among their participants and resource exit from abusive relationships within them can advance freedom as non-domination as effectively or even more effectively than social-democratic approaches that have recently gained enthusiasts among republicans. These conclusions suggest that democracy, be it social or political, is just one means among others for restraining arbitrary power and is consequently less central to (certain versions of) republicanism than we may have expected. So long as they counteract domination, economic inroads into notionally democratic territory are no more worrisome than constitutional ones. (shrink)

This chapter distinguishes between several senses of “normativity”. For example, that we ought to abstain from causing unnecessary suffering is a normative, not descriptive, claim. And so is the claim that we have good reason, and ought to drive on the right, or left, side of the road because the law requires us to do that. Reasons and oughts are normative, by definition. Indeed, it may be that “[t]he normativity of all that is normative consists in the way it is, (...) or provides, or is otherwise related to reasons” (Raz 1999, 67) . That is what the “reasons-first” view holds, but there are also other views, and what is by definition a normative statement, or a normative fact if you like, depends on how we define normativity. -/- It may seem that requirements are also by definition normative. But it seems that there can also be requirements that one has no reason to meet: it is less clear whether such requirements are normative in the same sense that reasons and oughts are normative. This paper will go through various further phenomena, which are candidates for being normative in some other sense than normative reasons and oughts, defending however the view that not all of them are. But arguably four or so different senses of normativity can be distinguished. -/- The paper will accept the view that the normativity of reasons and oughts, which is here called normativity1, is central. It is an open question whether all requirements or expectations or socially constructed norms are normative in that sense. Arguably it depends on the contents and content-independent authority of the legislators, whether we have good reasons, or ought, to meet the requirements, obey the law, or to follow the etiquette, or to conform to others’ interpersonal expectations, requests, demands or prescriptions. Whether and when we do have such reasons is a difficult and important substantive question, which concerns the normativity1 of requirements of law. -/- In another sense, norms (intended to guide behavior) are trivially or by definition normative, and constitute normativity: some forms of behavior are ruled as acceptable (e.g. driving on the right) and others as unacceptable (e.g. driving on the left) in light of the norm. Even in the case of a bad norm (that we have no reason to follow, and which ought to be changed, and ought not prevail) classifies behaviours as acceptable or unacceptable in light of the norm. Surely norms are by definition normative? Call this conformity to social norms and actual expectations normativity2. It is not an open question whether social norms are normative in that sense – they are by definition normative2. But importantly, it is an open question whether one has good reasons, or sufficient reason, or ought, to follow any social norm – that is, whether the norm in question is normative1. -/- The first section of the article characterizes further the difference between these two senses of normativity, and additionally introduces various other candidate senses of “normativity”. These possible senses of “normativity” may be at stake in the debates about normative requirements of rationality , about so called ought-to-be -rules , about normativity of linguistic meaning , about “directions of fit” of beliefs and desires , about subjective authority of intentions and decisions and interpersonal authority or co-authority of concrete others. -/- In later sections these cases are discussed. Do they constitute separate senses of normativity? And are the later phenomena such that they give agents good reasons: do they include normativity1 – the core sense? A “normative power -model” is suggested as a framework for examining whether actual social norms, laws, expectations provide good reasons and oughts or not. Once we understand the relation between the first two senses of normativity, do the later phenomena follow the same pattern – is the “normative powers – model” relevant for them as well? (shrink)

Pardon powers are common but difficult to justify. A pardon power is, roughly, a power that is (a) possessed by a non-judicial official, (b) used to cancel legal liability to a criminal sanction in a particular case without thereby altering the law, and (c) unconstrained by law. So defined, pardon powers seem to be at odds with two constitutional principles. Contrary to the separation of powers, the pardon power gives to someone other than a judge a (...) decisive role in determining criminal liability in particular cases. Contrary to the rule of law, the pardon power is neither constrained nor ruled by law. -/- Here I provide a novel defence of pardon powers, in three steps. First, even an optimal legal code requires suboptimal results in some cases. In such cases there is a “gap” between what is required by the code we should have and what we should do absent that code. Adhering to the code in every gap case is undesirable: while it would avoid suboptimal results, it would create too much unpredictability. Deviating from the code in every gap case is also undesirable: while it would ensure predictability, it would produce too many suboptimal results. The best strategy is to adhere in some cases and to deviate in others, that is, to selectively deviate. The most important thing about selective deviation is that it leads to like cases being treated differently. This is the second step in the argument. Third, pardon powers are an appropriate vehicle for selective deviation. Selective deviation calls for a power that can be used to set aside the code without changing it. It calls for a power that can be used inconsistently. Moreover, it calls for a power that is not in the hands of a body institutionally disposed towards consistency in decision-making, such as the judiciary. That is, it requires a power with features (a)-(c) – a pardon power. -/- This argument overcomes the various objections to pardon powers. Contrary to the objection from the separation of powers, selective deviation is a task better carried out by non-judicial officials. Contrary to the objection from the rule of law, a power of selective deviation must be unconstrained to preserve the law’s guiding function. Overall, the features of pardon powers that seemed to be in tension with the separation of powers and the rule of law turn out to be favoured by those same principles. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

Heralded as the “Father of the Constitution,” James Madison was, besides one of the most influential architects of the U.S. Constitution, a man of letters, a politician, a scientist and a diplomat who left an enduring legacy for American philosophical thought. As a tireless advocate for the ratification of the Constitution, Madison advanced his most groundbreaking ideas in his jointly authoring The Federalist Papers with John Jay and Andrew Hamilton. Indeed, two of his most enduring ideas—the large republic thesis and (...) the argument for government separation-of-powers/checks-and-balances—are contained in there. In his life’s work, Madison fused together the three dominant philosophies in post-revolutionary, antebellum America: Lockean liberalism, classical republicanism and Christian Protestantism. (shrink)

In a political moment characterised by post-truth ideologically generated misinformation and algorithmically propagated discourse: questions of fact, of inquiry, of perspective are paramount. This work examines what it means to write literature or to do philosophy while encountering a world of diffuse truths. It asks how can we retain clarity without erasing the fact that perspectival knowledge is always already embedded, piecemeal, contextual? To answer this question, I turn to a more foundational one, that has plagued philosophy since Plato proclaimed, (...) “there is an old quarrel between philosophy and poetry” (Republic, 607b5–6). My thesis picks up on a central aspect of the quarrel, the claim that art doesn’t lead to truth. I ask: what is the nature of literary inquiry and how can literature distinguish itself as an autonomous form of intellectual inquiry, if it can at all? Beginning with David Foster Wallace’s “The Empty Plenum”, I argue for a novel ‘perspectival’ or ‘mystical’ interpretation of Wittgenstein’s Tractatus Logio-Philosophicus. Contrary to dominant literary scholarship, I claim that it is Wittgenstein’s Saying–Showing distinction that offers us a guide for conceiving of the true value of literary inquiry, and thereby provides us with a robust response to Plato. The ‘ancient quarrel’ can thus be addressed resolutely. What does literature offer? Literature is free to communicate where philosophy is unable—to show what philosophy cannot say. Using the examples of Davidson, Heidegger, Wallace, Wittgenstein, Borges and Lerner I flesh out the notion of showing in literature, and how it functions to induce a perspectival shift in order that the reader may see the world ‘aright’, whatever ‘aright’ may be. This dissertation may be best conceived as a contribution to the project of questioning the inherent power-dynamics and ideological biases that inform the disciplinary separation of literature and philosophy. (shrink)

In De Anima I 4, Aristotle describes the intellect (nous) as a sort of substance, separate and incorruptible. Myles Burnyeat and Lloyd Gerson take this as proof that, for Aristotle, the intellect is a separate eternal entity, not a power belonging to individual humans. Against this reading, I show that this passage does not express Aristotle’s own views, but dialectically examines a reputable position (endoxon) about the intellect that seems to show that it can be subject to change. The passage’s (...) argument for the indestructibility of intellect via an analogy to perception does not fit with Aristotle’s own views. Aristotle thinks that perception operates via bodily organs, but denies this of understanding. He also requires separability from the body for indestructibility, something this analogy rules out. However, Aristotle’s Platonist interlocutors may well endorse such an argument. My dialectical interpretation best resolves the interpretative difficulties and explains its place in the larger context, Aristotle’s discussion of Platonist views on the soul. Aristotle presents a challenge to his insistence that the soul is subject to change, dialectically resolves that challenge, and then ends by reserving the right to give a different account of the intellect. (shrink)

The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome (...) of research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict. (shrink)

In order for the liberalization and increase of international trade, the free trade agreement is generally deemed a most useful instrumentality within the region. Under the WTO regime, we can see that a plethora of FTA arrangements are negotiated, come into the treaty laws, as well as operate to regulate the binational or tri-national trade disputes on the regional basis. As most typical and frequented in FTAs, they usually include an arbitration and binational panel procedure as a dispute settlement mechanics. (...) In many aspects, the procedures prescribed in most of FTAs could be apposite that most effectively and cheaply handle the disputes arising from the specific binational or trinational treaties. On the other hand, they could offer a chance to avoid the constitutional musters merely because diplomacy, international negotiation, ratification of treaties and approval of them traditionally fall within the powers of Congress or Executive under the separation of powers principle. This paper examined the legal issues as focused upon the NAFTA ch. 19, ch. 11 and US constitution. The chapters instituted the binational panel procedure dealing with the anti-dumping or counter measures as of subsidies, as well as legal dispute from the binational investment arrangements. From the consitutional viewpoint, we can be aware that the chapters could expressly contravene the Article III of original jurisdiction, Eleventh amendment of state sovereignty, and limitations of the treaty making powers inherent in the separation of powers principle. Given the overriding feature of such treaty clauses, the treaty should be ratified through the form of constitutional amendment, which requires a more stern step over most of the civilized constitutional states. The constitution is a supreme law in land, and represents a popular sovereignty as sheerly distinguished from the constitutional function of normal branches. When the special mechanics of dispute settlement may adopt an option of forum for escape, it is viewed that its unconstitutionality could yet be cured because the constitutional language of Article III original jurisdiction is considered mandatory or exclusive. I believe that the constitutional amendment procedure only could properly dispose such arrangements. While some areas of the presidential powers are deemed not subject to constitutional review as resorted upon the doctrine of political question or judicial self-restraint, the current jurisprudence gradually finds some limitations on the presidential power of foreign affairs including the treaty or war making provisions. As for a would-be treaty party of FTA, the constitutional issues raised in US is not entirely irrelevant to the Korean case ahead. (shrink)

Human activity has reshaped all parts of the Earth system. For this reason, a vast majority of geologists at the 35th International Geological Congress in Cape Town (September 2016) spoke out in favor of changing the classification of geological epochs and of declaring a new world age – the Anthropocene. This chapter points at implications that the proclamation of the Anthropocene should have for the currently relevant concept of democracy. In particular, it is argued that the transition into a new (...) phase of geology also necessitates a further advancement of our form of government. Democracy, as it has been conceived of and practiced until now, has to a large extent ignored the problem of ‘presentism’. This chapter suggests an extension of the 300-years-old separation of powers between the legislative, executive and judicial branch. It is argued that in order to make our political system more future-oriented, there is a need for a new (fourth) branch which ensures that the interests of future generations be taken into account within today's decision-making process. A newly-established ‘future council’ should have the right to introduce legislation, integrating the competences of this new institution with those of parliament. The chapter concludes with a discussion about the legitimacy of offices for future generations (OFGs) as the embodiment of the proposed future branch. (shrink)

I examine the reasons Aristotle presents in Physics VIII 8 for denying a crucial assumption of Zeno’s dichotomy paradox: that every motion is composed of sub-motions. Aristotle claims that a unified motion is divisible into motions only in potentiality (δυνάμει). If it were actually divided at some point, the mobile would need to have arrived at and then have departed from this point, and that would require some interval of rest. Commentators have generally found Aristotle’s reasoning unconvincing. Against David Bostock (...) and Richard Sorabji, inter alia, I argue that Aristotle offers a plausible and internally consistent response to Zeno. I defend Aristotle’s reasoning by using his discussion of what to say about the mobile at boundary instants, transitions between change and rest. There Aristotle articulates what I call the Changes are Open, Rests are Closed Rule: what is true of something at a boundary instant is what is true of it over the time of its rest. By contrast, predications true of something over its period of change are not true of the thing at either of the boundary instants of that change. I argue that this rule issues from Aristotle’s general understanding of change, as laid out in Phys. III. It also fits well with Phys. VI, where Aristotle maintains that there is a first boundary instant included in the time of rest, but not a “first in which the mobile began to change.” I then show how this rule underlies Aristotle’s argument that a continuous motion cannot be composed of actual sub-motions. Aristotle distinguishes potential middles, points passed through en route to a terminus, from actual middles. The Changes are Open, Rests are Closed Rule only applies to actual middles, because only they are boundaries of change that the mobile must arrive at and then depart from. On my reading, Aristotle argues that the instant of arrival, the first instant at which the mobile has come to be at the actual middle, cannot belong to the time of the subsequent motion. If it did, the mobile would already be moving towards the next terminus and thus, per Phys. VI 6, would have already left. But it cannot have moved away from the midpoint at the very same moment it has arrived there. This means that the instant of arrival must be separated from the time of departure by an interval of rest. I show how Aristotle’s reasoning applies generally to rule out any continuous reflexive motion or continuous complex rectilinear motion. On my interpretation, however, the argument does not apply to every change of direction. When, as in the case of projectile motion, multiple movers and their relative powers explain why the mobile changes directions, distinct sub-motions are not involved. Aristotle holds that such motions cannot be continuous, not because they involve intervals of rest, but because they involve multiple causes of motion. My interpretation of the Changes are Open, Rests are Closed Rule allows us to make better sense of Aristotle’s argument than any previous interpretation. (shrink)

This paper offers an overview of the ways agents might extend over time and the characteristic structure of extended human agency. Agency can extend in two distinct but combinable modes: the ontological, which gives rise to simple continuous agents; and the conceptual, which gives rise to agents who conceive of and care about distal times, and have minimal planning abilities. Our extended form of agency combines both. But we are still limited by the temporal locality in the operation of our (...) psychological and executive powers. To account for this locality, I introduce the notion of 'temporal selves,' as the loci of immediacy in the agent's determination of their psychology, conduct, and practical standpoint. I argue that the passage of time generates, by itself, the threat of temporal alienation from distant temporal selves. A genuinely extended agency requires temporal identification: the sharing, by separate temporal selves, of a temporally extended and integrated practical standpoint. This temporal identification cannot be produced simply by temporal identity as continuity. What is required is temporal identity in the mode of unity and integration. This identity does not precede temporal identification but is co-constituted with it. I offer a preliminary account of the structure of the units of integration for agents who aspire to persist in the mode of unity and integration. I close with a cautionary note: the complex structure of integration, although familiar in everyday life, is often missed by standard philosophical accounts, which tend to focus on simple models of extended agency. (shrink)

In accordance with Leo Strauss’s ingenious suggestion, the Athenian Stranger of Plato’s Laws is best understood as an alternative ‘Socrates’, fleeing from the hemlock to Crete. Situated between Crito and Phaedo, Laws effectively tests the reader’s loyalty to the real Socrates who obeys Athenian law and dies cheerfully in Athens. Having separated Plato from the Stranger, a nuanced defence of Karl Popper’s suspicions about Laws confronts the apologetic readings of both Strauss and Christopher Bobonich. As hinted by his preference for (...) wine, the antidote for hemlock, the Athenian Stranger repeatedly proves himself the opposite of Socrates, particularly with respect to piety. Once the Stranger is recognized as ‘an unreliable narrator’, this apparently ponderous product of Plato’s senility becomes the taut thriller of an innovative teacher at the peak of his powers. (shrink)

Variations in people’s perceptions of investment risk and financial literacy have been linked in studies. More specifically, Diacon (2016) discovered significant differences between less financially savvy non-experts and financial professionals. Lay people therefore have a larger propensity for association bias (i.e., they give suppliers and salesmen a higher level of credibility than laypeople) and are often less risk-tolerant than financial professionals. The method of sampling that the researcher chose is known as purposeful sampling. According to Easton & McColl, it is (...) a fundamental sampling strategy where the researcher chooses a smaller group of people (a sample) from a larger group (a population) to study. The responders of the survey included both commissioned and non-commissioned PNP members. There were 67 non-commissioned individuals and 33 commissioned personnel. These individuals are at work while this study is being done. Because they think mutual funds can invest in a variety of assets in the future, think savings account interest is higher than that on fixed deposit accounts, and even budget their monthly income for expenses, savings, and investments, survey participants can be inferred to rate their level of financial knowledge as extremely high. Additionally, people learn about investments from their peers and think that growing costs will limit purchasing power. They also get banking advice from dependable friends. Because they want to make sure that they are not concerned about loans as long as their savings are protected and they refrain from purchasing non-essentials, police responders are persuaded that they have a very high attitude toward their finances. They also believe that investing in a business is a better use of their money than spending it now, that saving money over time is more satisfying than spending it now, and that their financial status is a big problem or a source of stress. The poll participants believe that their level of financial conduct is pretty high since the separate their needs and wants, have begun saving for their retirement, and consistently save money each pay period. They also budget their money, regulate their spending, and always pay their bills on time. (shrink)

What I will argue here is that the ethical potentiality of the human being that Aristotle cites in the Nicomachean Ethics refers to the general, rational capacity for someone to appropriate and develop their own specific, natural capacities which make them human; the name of this ability is called virtue, which, when expressed in actions, we call good. To separate out the concepts at work here demands an exegesis of the two kinds of dunamis in Metaphysics Theta, that is, dunamis (...) as causal power of change and dunamis as a potential way of being for an existent capacity. Once we grasp this, we can clarify the nature of virtue as the active, complete state of a capacity in human being which defines their function even though it must be acquired, and it need not ever be actualized. The concepts of habit (ethos) and practical judgment (phronesis) give Aristotle the means to solve the problem of how such a potentiality is acquired and how it is actualized, and hence we will end with a discussion of them. -/- . (shrink)

This book has been inspired by Walter Benjamin’s idea of an afterlife of an original in its translations and probes into a wide variety of extensions of Carroll’s story in six languages. For one thing, it deals with language that speaks and more or less automatically steers its users in a particular direction and, for another, it discusses the creativity of individual translators who not only share a definite picture of the world with their language community but, in great many (...) instances, reveal a unique resourcefulness in resisting its power. Each chapter deals first with a separate theoretical issue (e.g. literalness, style, gender, and tense) and then proceeds to examine its practical actualization in various translations of Alice. (shrink)

A natural extension of Heron's 2000 year old formula for the area of a triangle to the volume of a tetrahedron is presented. This gives the fourth power of the volume as a polynomial in six simple rational functions of the areas of its four faces and three medial parallelograms, which will be referred to herein as "interior faces." Geometrically, these rational functions are the areas of the triangles into which the exterior faces are divided by the points at which (...) the tetrahedron's in-sphere touches those faces. Part I presents an overview of these results and some necessary but little-known background in areal geometry. Part II derives the promised extension, and ends with a conjecture as to how the formula extends to n-dimensional simplices for all n>3. Part III explains how, for n=3, the zeros of the polynomial constitute a five-dimensional semi-algebraic variety consisting almost entirely of collinear tetrahedra with vertices separated by infinite distances, but with generically well-defined distance ratios; it further proves that these unconventional Euclidean configurations can be identified with a quotient of the Klein quadric by an action of a group of reflections isomorphic to ℤ42, wherein four-point configurations in the affine plane constitute a distinguished three-dimensional subvariety. Part IV consists of five appendices which show, among other things, that the algebraic structure of the zeros in the affine plane naturally defines the associated four-element, rank 3 chirotope, aka affine oriented matroid. (shrink)

How can an event be extraordinary? What is the metaphysical background necessary to believe that extraordinary events are possible? The possibility of extraordinary events can be approached from metaphysical, epistemic, and scientific perspectives. Metaphysical explanations are extraordinary events that transcend nature or violate the regular structure in nature. Epistemological explanations, on the other hand, are explanations of extraordinary events by referring either to our lack of knowledge about nature or to our inadequacy of knowledge about events. Scientific explanations recognize phenomena (...) that have been observed or experimented on but have not yet been explained by any theory. In this article, I focus on metaphysical and epistemological explanations. We see that three basic assumptions are used for a metaphysical explanation: 1) There must be an orderly operation called Nature. 2) The process in nature can be violated. 3) There is a compatibility between the mind and the world. With the adoption of these three assumptions by different philosophers in various combinations, two kinds of metaphysical explanations arise: extraordinary as supernatural and extraordinary by appealing to the principle of sufficient reason. According to the first type of explanation, extraordinary events are events caused by what is beyond nature, exceeding nature, or violating the workings of nature. In order to explain extraordinary events with the supernatural, there is a need to violate the metaphysical necessities on which nature is based, such as the principle of causality. An approach represented by philosophers such as St. Augustine, al-Ghazālī, Richard Swinburne, and Nazif Muhtaroğlu claims that it is possible for a supernatural event to occur, claiming that the functioning of nature is not necessary. But if there is no metaphysical necessity in nature such as the principle of causality, how can an extraordinary event violate anything? Both Swinburne and St. Augustine answer this question with the argument that the principle of causality is effective in nature and that principle can be violated by God, a supernatural power. Al-Ghazālī and Muhtaroğlu, on the other hand, prefer not to accept the effectiveness of causality in the functioning of nature. Thus, all activity in nature will be attributed to God, and extraordinary events will gain the same status as ordinary events. The point that unites these views is the belief that the operation in nature is not necessary, with or without causality. Philosophers with this belief could not successfully explain extraordinary events because they could not ground their understanding of nature and the supernatural. Moreover, when we analyze their approach to the problem, we see that ordinary and extraordinary events cannot be separated from each other, since no other principle is put forward to replace the principle of causality. The second type of explanation is the explanation of extraordinary events by applying the principle of sufficient reason. The philosophers represented by Ibn Sînâ and Leibniz consider it necessary both metaphysically and epistemologically that everything in nature needs sufficient reason to come to be. According to them, no event can take place without sufficient cause. In this respect, there must be sufficient reason for extraordinary events to occur as well as ordinary ones. Both philosophers argue that extraordinary events are metaphysically possible events in nature, but their occurance does not violate principles such as causality. According to this type of explanation, extraordinary events are not supernatural. Ibn Sînâ, using the concept of nature in its metaphysical sense, argued that forces beyond matter are also effective in nature. Meanwhile, he maintained the necessity of the causality principle. In this way, it is possible to have previously unknown results from known causes. For example, the human soul can affect different bodies through celestial realms, just as it affects its own body. However, this interaction does not violate the necessity of the causality principle, on the contrary, it means the discovery of the necessary structure of nature. In short, the epistemological approaches of Leibniz and Ibn Sînâ, which they developed while preserving the metaphysical necessity of causation, do not require denying extraordinary events without examining them, but also offer a stronger basis for the possibility of extraordinary events, as they expand the limits of our knowledge of nature. (shrink)

Despite a recent explosion of interest in the ethics of armed conflict, the traditional just war criterion that war be waged by a “legitimate authority” has received less attention than other components of the theory. Moreover, of those theorists who have addressed the criterion, many are deeply skeptical about its moral significance. This article aims to add some clarity and precision to the authority criterion and to debates surrounding it, and to suggest that this skepticism may be too quick. First, (...) it provides an analysis of the authority criterion, and argues there are (at least) two distinct moral claims associated with the criterion, requiring separate evaluation. Second, it outlines an increasingly influential “reductivist” approach to just war theory, and explains how it grounds powerful objections to the authority criterion. Third, and in response, it sketches the most promising strategies for providing a (qualified) defense of authority, and the further questions and complications they raise. Importantly, these strategies aim to rehabilitate the authority criterion from within a broadly reductivist view. (shrink)

This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...) immigration enforcement purposes, they often undermine these original aims or get used in ways that conflict with the U.S. Constitution. These concerns should prompt us therefore either to reject the government’s plenary power over immigration or require the federal government to be more consistent about maintaining the separation between criminal law and immigration law. (shrink)

Levins and Lewontin have contributed significantly to our philosophical understanding of the structures, processes, and purposes of biological mathematical theorizing and modeling. Here I explore their separate and joint pleas to avoid making abstract and ideal scientific models ontologically independent by confusing or conflating our scientific models and the world. I differentiate two views of theorizing and modeling, orthodox and dialectical, in order to examine Levins and Lewontin’s, among others, advocacy of the latter view. I compare the positions of these (...) two views with respect to four points regarding ontological assumptions: (1) the origin of ontological assumptions, (2) the relation of such assumptions to the formal models of the same theory, (3) their use in integrating and negotiating different formal models of distinct theories, and (4) their employment in explanatory activity. Dialectical is here used in both its Hegelian–Marxist sense of opposition and tension between alternative positions and in its Platonic sense of dialogue between advocates of distinct theories. I investigate three case studies, from Levins and Lewontin as well as from a recent paper of mine, that show the relevance and power of the dialectical understanding of theorizing and modeling. (shrink)

Abū Ishāq al-Ṣaffār was one of scholars of the Western Qarakhānids’ period who followed the Kalām thought of al-Māturīdī (d. 333/944). His theological works Talkhīs al-adilla and Risāla fī al-kalām, his method in kalām, and frequent reference to his works by Ottoman and Arab scholars indicate that al-Ṣaffār is a respected and authorative Māturīdī theologian. The article focuses on his defense of the kalām. By adding a long introduction to Talkhīs about the naming, importance, and religious legitimacy of the science (...) of kalām, Saffār asserted that the kalām should be learned. When systematical vindication of the science of kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the kalām among Ḥanafī-Māturīdīs. Even though he does not state its systematic, it can be understood that vindication of kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation. Al-Ṣaffār’s defending the science of kalām shows that there were opposite thoughts against kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania. In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists. His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- SUMMARY: Abū Ishāq Ibrahīm b. Ismāil Zāhid al-Ṣaffār al-Bukhārī is a scholar belonging to the Ḥanafī theological tradition which was improved by the contribution of Ḥanafī theologians who used thinking system of Abū Ḥanīfa (d. 150/767) as base and adopted Abū Manṣūr al-Māturīdī (d. 333/944) and his thoughts in historical process. The contents of his theological works Talkhīs al-adilla li-qawāʿid al-tawḥīd and Risāla fī al-Kalām, the method that he used, and references to his works made by Ottoman and Arab scholars indicate that he is an important Māturīdī theologian. The article focuses on his defense of the science of Kalām. -/- In Talkhīs al-adilla, there are two sections including the subject of naming, and importance and necessity of Kalām discipline. Here, the necessity of learning Kalām and its value are defended in detail. -/- Besides, rumors “Abū Ḥanīfa turned away from the science of Kalām in his doomsdays” and that “He prohibited to make occupation with Kalām completely” are evaluated. -/- When systematical vindication of the science of Kalām is examined, it is understood that al-Ṣaffār is the first theologian who reserved a private and voluminous part for defensing the Kalām among Ḥanafī Māturīdīs. Even if Abū Manṣūr al-Māturīdī, Abū al-Yusr al-Bazdawī (d. 493/1100) and Abū Muʿīn al-Nasafī (d. 508/1115) defend that the science of Kalām is not wrong for religion; yet, the vindication of Kalām does not take a place under a separate title and in a detailed manner in any of Māturīdī theologians works. -/- The method that al-Ṣaffār used when he is defending the science of Kalām, differs from strategy of Abū Ḥanīfa. While Abū Ḥanīfa has mentioned that there is a need for the science of Kalām under these new circumstances, al-Ṣaffār has defended theologians who were charged with being Ahl al-Bidaʿ, by trying to prove that the prophets especially the Prophet Ibrāhīm, even the Companions of the Prophet Muḥammad (Ṣaḥāba) and the Successors of the Companions (Tābiʿūn) scholars use their minds and make arguments in religious matters. In this respect, he emphasizes that the Qurʾān orders to think and discuss gently, not to be stay in silence: “And dispute with them, using what is best” (16.125-126). Therefore, he states that this discipline which took a mission to explain and defend the creed of Islam (ʿaqīda), cannot be characterized as an innovation (bidʿah) or illicit. -/- His vindication method can be defined as a more developed type of method that Abu’l-Ḥasan al-Ash’arī’s (d. 324/935) used in Risāla fī istiḥsān al-khawḍ fī ʿilm al-kalām. Even though he does not state its systematic, it can be understood that vindication of Kalām in al-Ṣaffār divides into three parts as of explanation, demonstration and refutation: -/- a) Explanation: Explaining the necessity and importance of the science of Kalām by giving information about its definition, names, value and place among other principles. -/- b) Demonstration: Revealing the religious basics of the science of Kalām from the Qurʾān, the Sunna of the Prophet Muḥammad, the Companions of the Prophet, and the Successors of the Companions thus specifying that it is legitimate for religion. -/- c) Refutation: Replying the claims having aim to weaken the value of Kalām principle and its religious legality. -/- Al-Ṣaffār describes ‘the science of Kalām’ as ‘Knowing the Real with the evidences which help to reach the absolute information’. By allocating the concept of 'Ḥaqq', he repeats the definition of Kalām as “it is to know God with certain evidences” in a part of his work, and “it is to know the principles of religion (uṣūl al-dīn) with certain evidences” in another part. He describes Kalām as “Knowing ḥaqq / God / uṣūl al-dīn by depending on evidence”, and tries to prove that it is wrong to consider a science which performs the stated duty, as illicit and abominable and thus turn away from it. -/- Al-Ṣaffār thinks that it is right to call this principle as ‘Kalām’ because of the certain evidences leading to the truth that this science has used. This thought was defended by other theologians as well. -/- For example, according to Saʿd al-Dīn Masʿūd al-Taftazānī (d. 792/1310) it seems like to say “This is the word (kalām), not the other knowings” by the way of the power of evidences used in Kalām.Thus, it is appropriate to give name Kalām for this science which based on certain evidences. -/- Al-Ṣaffār’s explanations revealed in scope of vindication of the Kalām are adopted by some of following scholars. Ḥusām al-Dīn al-Sighnāqī (d. 714/1314) in his book called al-Tasdīd sharḥ al-Tamhīd fī qawāʿid al-tawḥīd quotes Saffâr’s explanations as the same. -/- Al-Ṣaffār indicates that the method told in the Qurʾān is to reply questions about religion, beliefs and rejection instead of remaining in silence. The duty taken on by Kalām is this vindication activity performed by the prophets whose examples are described in the Qurʾān and which is legal and demanded. His way of thinking and vindication of the Kalām resembles that of Abū Manṣūr al-Māturīdī. Al-Māturīdī says, “Prophets and we were ordered to invite infidels to Islam. When this invitation happens, the respondents will ask for evidence and explanation, and discussion will be inevitable. Therefore, discussing and talking about subjects of Kalām is not objectionable”. -/- Thoughts of al-Māturīdī and al-Ṣaffār regarding the vindication of the Kalām were repeated by Nūr al-Dīn al-Ṣābūnī (d. 580/1184), and Fakhr al-Dīn al-Rāzī (d. 606/1210) later. According to al-Ṣābūnī, the evidences put against deniers and especially the discussion made by the Prophet Ibrāhīm to defend his own belief, prove the legality of Kalām discipline. Likewise, according to al-Rāzī, the duty of Kalām is just an activity performed already in the Qurʾān and ordered to the prophets. At this point of view, since the prophets were leading to Kalām, banning this activity is nonsense. -/- According to al-Ṣaffār, the reason for why Abu Hanifa avoids his son Hammād from these discussions is that Abu Hanifa does not like discussions based on obstinate. Otherwise, it cannot be that Abū Ḥanīfa prohibits to learn Kalām and make discussion about Kalām. According to him, this behavior of Abū Ḥanīfa results from that people discussing with him are ignorant about the subject of Kalām, discussion turns to an obstinate, and coming to an end of discussion seems impossible. This comment of al-Ṣaffār is quoted in Miftāḥ al-saʿāda wa-miṣbāḥ al-siyāda by ʿIṣām al-Dīn Aḥmed b. Muṣṭafā Tashköprüzāde (d. 968/1561) and in Minaḥ al-rawḍ al-azhar fī sharḥ al-Fiqh al-akbar by ʿAlī b. Sulṭān Muḥammad al-Qārī (d. 1014/1606) as same as his words. -/- Al-Ṣaffār’s defending the science of Kalām shows that there were opposite thoughts against Kalām in the 4th/10th and 5th/11th centuries throughout in Transoxania.In this period Aṣḥāb al-Ḥadīth and Ikhwān al-Ṣafāʾ were the opposite fronts of Kalām. In addition, he was trying to go beyond the oppositions of Ḥanafī jurists (fuqahāʾ). Because some of the Ḥanafī jurists thought that Abū Ḥanīfa forsook occupation with the science of Kalām and even he prohibited his son to have interest in this discipline. But some of Ḥanafī theologians such as al-Māturīdī, al-Nasafī and al-Ṣaffār protested this thought which describes Abū Ḥanīfa as a banner for Kalām. -/- His vindication is consistent and has scholarly depth because it is able to be against a strong opposition. -/- His book Talkhīs al-adilla li-qawāʿid al-tawḥīd is a unique source in terms of containing vindication of the Kalām in detail and also influencing the approaches of the next period scholars. (shrink)