Jean-François Lyotard s'interroga sulla forma delle organizzazioni sociali e ne identifica la problematica principale nell'eterogeneità che esse veicolano tra i differenti regimi di frasi: si sofferma, in particolare, sull'incompatibilità tra il regime della conoscenza e quello della libertà. A partire da tale riflessione, l'articolo esamina come le società attuali, multiculturali e globalizzate, siano chiamate oggi a compiere una scelta: abbracciare la sintesi dell'eterogeneo oppure rispettare e far rispettare la presenza inevitabile del dissidio. Nella prima occorrenza si corre il rischio di (...) trasformare il diritto in succedaneo dell'ordalia e di accendere la guerra di tutti contro tutti. Nella seconda, invece, si sperimenta la costruzione d'interazioni di tipo dipolare le quali, pur non potendo garantire contro lo scatenamento smisurato della violenza, riescono potenzialmente ad arginarlo. Queste ultime, infatti, spostano la misura della sopravvivenza dall'esclusione delle ostilità alla loro elusione, dal rifiutare il conflitto all'addomesticarlo, dal rinunciare allo sforzo muscolare al calibrarlo. (shrink)

Historically, culture has been treated as an object in international documents. One consequence of this is that cultural rights in international law have been understood as rights of access and consumption. Recently, an alternative conception of culture, and of what cultural rights protect, has emerged from international documents treating indigenous peoples. Within these documents culture is treated as an activity rather than a good. This activity is ascribed to peoples as well as persons, and protecting the capacity of both peoples (...) and persons to engage in culture is taken to be as basic a component of human dignity as are freedom of movement, freedom of speech, and freedom from torture. It is not an accident that this treatment of culture has emerged from international documents treating indigenous peoples. However, the value of this treatment of culture extends beyond the human rights of indigenous peoples. Treating culture as an activity establishes an understanding of what cultural rights protect that clarifies the relationship between cultural rights and other mechanisms for protecting minorities and frames the role of cultural communities in the realization of human dignity as an important physical and political issue, not just a psychological one. For these reasons, the norms regarding cultural rights that are emerging from international documents treating indigenous peoples are a much-needed step forward for peoples' rights more generally. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...) in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (shrink)

This article focuses on two developments in nineteenth-century (philosophy of) social science: Moritz Lazarus’s and Heymann Steinthal’s Völkerpsychologie and Georg Simmel’s early sociology of knowledge. The article defends the following theses. First, Lazarus and Steinthal wavered between a “strong” and a “weak” program for Völkerpsychologie. Ingredients for the strong program included methodological neutrality and symmetry; causal explanation of beliefs based on causal laws; a focus on groups, interests, tradition, culture, or materiality; determinism; and a self-referential model of social institutions. Second, (...) elements of the weak program were the blurring of explanatory and normative interests, an emphasis on freedom of the will, and antirelativism and antimaterialism. Third, later research projects keeping the label “Völkerpsychologie” followed the weak program. Fourth, in the 1880s and 1890s, Simmel tried to build on some of the elements of the strong program. Finally, and fifth, part of the explanation for why Simmel did not succeed in his attempt had to do with the social-political situation of German academia around 1900. (shrink)

This essay is titled "Critique the Postulation of the Historical Law Theory and relate it to African Law. The postulation of the historical law school that law emanates from customs through an ordered pattern of systematized progress into a codified system in relation to African law forms the crust of this essay. To achieve this task, this essay adopts a critical method in exposing c postulation of the historical law school and the African Law (keeping in mind the Ukelle communal (...) Law System). This essay questions whether there can be an independent law made or promulgated without targeting a given people or that there can be a people-free law? This essay claims that like the historical law school, laws emanate from their ground norms but insists that unlike the historical law school, laws in Ukelle Traditional System do not necessarily have to submit to through the rigor of systematic and strict evolutionary pattern of progress. Like Herder, this essay avers that there is a unique character with each culture, and as such Ukelle Traditional Law does not have to submit to any universal character of law. (shrink)

How is it possible to perform more than is required? And yet, isn’t that precisely what is required, in order for an interlocking society of human beings to function, develop and evolve? If human beings only did what we were told to do, we would live in complete monotony and enslavement. If human beings did only what we were permitted to do, nothing interesting would ever happen. Although performance has often been limited to the study of isolated artistic forms of (...) expressions (music, visual arts, etc.), it is equally possible to analyze culture, on the whole, as a behaviour-encoding system of rules and regulations, wherein the individual actor’s performative appropriation and reinterpretation of these said (cultural, political, artistic) rules makes possible the culture’s very survival, against all odds and obstacles, over long periods of time, as a “tradition” upheld by a community of rule-followers / rule-breakers. Rules, in a very real sense, are meant to be broken. Rule-breaking, by the same token, is, as it were, legislated within the very law code itself, as its own guarantee of immortality. After all, what law could function for any period of time without undergoing reinterpretation? This is good news both for culture and for the avant garde (the creative individual or collective), because even the strictest of rules creates its own conditions of transgression, and vice versa. The performance of culture through the creative freedom of the transgressive individual – i.e. any individual qua his or her individuality – is the sine qua non for a democratic society of peers. Creativity depends upon structure, and structure depends upon that which breaks its shackles of normativity, by rebirthing structure transgressively. The whole point of interpreters is to make things alright for the reappearance of the “father” (the law code) again. Ironically, then, anarchy is the only guarantee of the rule of law. (shrink)

The “language-communication-society” triangle defies traditional scientific approaches. Rather, it is a phenomenon that calls for an integration of complex, transdisciplinary perspectives, if we are to make any progress in understanding how it works. The highly diverse agents in play are not merely cognitive and/or cultural, but also emotional and behavioural in their specificity. Indeed, the effort may require building a theoretical and methodological body of knowledge that can effectively convey the characteristic properties of phenomena in human terms. New complexity (...) approaches allow us to rethink our limited and mechanistic images of human societies and create more appropriate emo-cognitive dynamic and holistic models. We have to enter into dialogue with the complexity views coming out of other more ‘material’ sciences, but we also need to take steps in the linguistic and psycho-sociological fields towards creating perspectives and concepts better fitted to human characteristics. Our understanding of complexity is different – but not opposed – to the one that is more commonly found in texts written by people working in physics or computer science, for example. The goal of this book is to extend the knowledge of these other more ‘human’ or socially oriented perspectives on complexity, taking account of the language and communication singularities of human agents in society. (shrink)

The article examines the peculiarities of state-church relations that are formed in the process of legitimizing civil society. It is substantiated that the 21st century, like the last 20th century, forces us to search for a new format of state-church relations in the context of international relations, modern globalization challenges, and the development of the latest communication and information space. This, of course, prompts a new assessment of the status of religion and the church in the modern political system (...) and the state based on equality, taking into account the unsuccessful experience in the Soviet past of perceiving the church as an enemy of man and, at best, a secondary or auxiliary element in state-building processes. There is an increased interest of the Christian community in direct participation in social life, the formation of civil society and the establishment of a democratic and legal state. The church, as an institution, is quite different from the state, exerting its influence not only on the spiritual situation in Ukraine, but also trying to doctrinally intervene in political life and taking responsibility for determining the civilizational perspective of the state’s development. (shrink)

In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, (...) rather than simply to regulate the type and degree of force that may be used to obtain compliance from a victim, the point of reference must be the individual complainant, as a person who makes choices, not social norms or objective tests based on the ordinary person. To determine whether consent is voluntary, attention must be directed to the presence or absence of factors that had a coercive impact on the individual complainant, a specific person with a collection of social, cultural, and psychological experiences, needs, fears, values, and priorities. Individuals have the right to exercise self-determination in accordance with their own values and perceptions, not those of a mythical victim. Accordingly, Vandervort argues that the prosecution may show either refusal, the absence of affirmative voluntary agreement (including passivity or the absence of consent due to unconsciousness), or circumstances that invalidate any apparent consent. Any of these prove the absence of consent for the purposes of establishing the actus reus of sexual assault. -/- The definition of consent as the affirmative communication of voluntary agreement is also shown to have a variety of implications for the interpretation and application of the law of sexual assault and the handling of evidentiary issues at trial in sexual assault cases. Key among these is the pivotal significance of the legal definition of consent as a tool to bar availability of the defence of “mistaken belief in consent.” Vandervort argues that in many cases the defence of “mistaken belief in consent” is based on ignorance of the law of consent, mistake about the legal definition of consent, or a failure to appreciate the legal significance of facts that are well-known, and not on a mistaken belief in an erroneous set of facts. The broad proposition asserted here is that a statutory criminal law is enforceable only if all defences based directly or indirectly on belief in the validity of extra-legal norms that authorize infringement of rights protected by the criminal law are barred. This proposition and the characterization of some mistakes about consent as legal, not factual, are also shown to be useful to exclude rape-myths and stereotypical assumptions---the stuff of which “social” definitions of consent have long been constructed---from the decision-making process at trial. -/- . (shrink)

Hobbes emphasized that the state of nature is a state of war because it is characterized by fundamental and generalized distrust. Exiting the state of nature and the conflicts it inevitably fosters is therefore a matter of establishing trust. Extant discussions of trust in the philosophical literature, however, focus either on isolated dyads of trusting individuals or trust in large, faceless institutions. In this paper, I begin to fill the gap between these extremes by analyzing what I call the topology (...) of communities of trust. Such communities are best understood in terms of interlocking dyadic relationships that approximate the ideal of being symmetric, Euclidean, reflexive, and transitive. Few communities of trust live up to this demanding ideal, and those that do tend to be small (between three and fifteen individuals). Nevertheless, such communities of trust serve as the conditions for the possibility of various important prudential epistemic, cultural, and mental health goods. However, communities of trust also make possible various problematic phenomena. They can become insular and walled-off from the surrounding community, leading to distrust of out-groups. And they can lead their members to abandon public goods for tribal or parochial goods. These drawbacks of communities of trust arise from some of the same mecha-nisms that give them positive prudential, epistemic, cultural, and mental health value – and so can at most be mitigated, not eliminated. (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 / 3. Timely Issues of (...) Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

In the era of digitalization, people have produced, distributed and listened to music in almost every place and every moment. It has become the most ubiquitous of artworks, having an impact in all the social fields (Bourdieu dixit). As Jacques Attali expressed, “All music, all organization of sounds is therefore an instrument to create or consolidate a community, a totality; it is a link between power and its subjects and, therefore, an attribute of power, whatever it may be”. Digital streaming (...) platforms have democratized music distribution, allowing emergent artists to put their music in people’s ears and minds, but at the same time, music has become a powerful medium for spreading political and cultural perspectives, which create and transform social environments. In this context, there are songs that become iconic elements for social movements; some others try to preserve cultural heritage in a repressive situation; or even Taylor Swift can become a political leader in the electoral context of the United States. This session aims to integrate research works where music is a crucial element in social and political processes, aiming to identify world tendencies and orientations on sociology of music. (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

The 2015 Nepal earthquake and avalanche on Mount Everest generated one of the deadliest mountaineering disasters in modern times, bringing to media attention the physical-cultural world of high-altitude climbing. Contributing to the current sociological concern with embodiment, here we investigate the lived experience and social ‘production’ of endurance in this sociologically under-researched physical-cultural world. Via a phenomenological-sociological framework, we analyse endurance as cognitively, corporeally and interactionally lived and communicated, in the form of ‘endurance work’. Data emanate from in-depth interviews with (...) 18 high-altitude mountaineers, ten of whom experienced the 2015 avalanche. The article responds to Shilling’s (2016) call to address an important lacuna identified in sociological work: the need to investigate the embodied importance of cognition in the incorporation of culture. The concept of endurance work provides a powerful exemplar of this cognitive-corporeal nexus at work as a physical-culturally shaped, embodied practice and mode-of-thinking in the social world of high-altitude climbing. (shrink)

Resources for Feminist Research, Vol. 3, No. 4, pp. 44-45, 1985 In this brief article, written in 1984 and published the following year, Lucinda Vandervort sets out a comprehensive agenda for enforcement of sexual assault laws in Canada. Those familiar with her subsequent writing are aware that the legal implications of the distinction between the “social” and “legal” definitions of sexual assault, identified here as crucial for interpretation and implementation of the law of sexual assault, are analyzed at length in (...) “Mistake of Law and Sexual Assault: Consent and Mens Rea” (1986), published at (1987-88) 2(2) Canadian Journal of Women and the Law, 233 309. In that article the author argued that most mistakes about consent are not mistakes about a “fact” that may sometimes negative mens rea, but are actually mistakes about the law that afford accused no excuse under either Canadian common law or statutory criminal law. She argued further that consent must be interpreted as “voluntary agreement” and must be affirmatively and unequivocally communicated in order to operate as an effective waiver of a person’s legal right to be free from interference with his or her bodily integrity. That article was a central reference point in the consultations leading to the 1992 amendments to the sexual assault provisions in the Canadian Criminal Code and in some key decisions by the Supreme Court of Canada in sexual assault cases in the 1990’s. As a result of a gradual transformation of theoretical analysis of the law of mens rea and consent in Canada, culpable awareness is now understood by many jurists and criminal law theorists quite differently than it was twenty-five years ago. As Vandervort acknowledged in her 1984 Agenda for Action, however, clarity in legal theory and legal doctrine is no guarantee of how sexual assault laws will operate in practice. Theory and practice, doctrine and its implementation, often diverge. This phenomenon is still seen in some decisions taken at the trial, pre-trial, and pre-charge stages in sexual assault cases. Police, prosecutors, and many trial judges, like accused, may often be influenced by traditional attitudes about sexual consent and mistaken about the law of consent. Accordingly, in her recent work Vandervort re-visits and re-examines the exercise of discretion by police, prosecutors, and the judiciary. An example is her 2009 article “Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in R. v. Edmondson, Kindrat and Brown” in Sexual Assault Law, Practice & Activism in a Post-Jane Doe Era, edited by Elizabeth Sheehy (Ottawa: University of Ottawa Press, 2012). In this and some of her other recent work, the distinctions between social and legal norms and questions of fact and law, previously analyzed with the objective of clarifying the law, are used to control the effects of social ignorance and partiality in the handling of sexual assault complaints by decision-makers in the criminal justice system at trial and pre-trial. Lucinda Vandervort’s published and unpublished legal and philosophical writings on sexual assault and sexual assault law illustrate the development of a socio-legal scholar’s “Agenda for Action” into a principled, pragmatic, open-ended exercise in “institutional design.” Across two centuries, from the revolutionary era of the 18th century to the present, other radical egalitarians would recognize both the impetus for the project and many features of the political and cultural resistance to it. (shrink)

This paper focuses on evaluating Odera Oruka’s role as an expert witness in customary law for the Luo community during the Nairobi, Kenya-based trial in 1987 to decide on the place of the burial of S.M. Otieno. During that trial, an understanding of Luo burial and widow guardianship (ter) practices was essential. Odera Oruka described the practices carefully and defended them against misunderstanding and stereotype. He revisited related topics in several delivered papers, published articles, and even interviews and columns in (...) the Kenyan newspapers. The paper will raise the questions: How does Odera Oruka’s role as expert on Luo customs fit in with his sage philosophy project? In his testimony at the trial and subsequent public addresses and published work, does he accomplish two important goals, the first being defending African traditions against prejudice and anti-African bias, and secondly, does he champion reform of traditions when reform is needed? And, can Odera Oruka’s participation in the famous trial avoid seeming ethnic chauvinism and marginalization of women? My conclusion is that he achieves the first goal, but some problems remain in the achievement of the other goals. While he often asserted the need to evaluate traditions and to jettison those that have become unhelpful, in this context he evaluated traditions so strongly that the need for evaluation and possible change was muted. (shrink)

Local and global dependencies and interactions between individuals, groups and institutions are becoming increasingly opaque and risky. This is due to increased importance of highly complex abstract systems created and supported in order to maintain of transport, communications, finance, energy, media, security infrastructure, as well as social and cultural institutions. These systems require the knowledge and skills of experts. Professionals that not only satisfy identified needs, but also create new thereby contribute the development of cultural narcissism phenomenon. The aim of (...) the book is to discuss relations of experts and mass narcissism, on the background of shaping the knowledge societies and knowledge-based economies, and moreover their transformations towards the societies and economies based on creativity and wisdom. Undertaken analysis is contribute to sociology of expertise and intervention by indicating four selected contemporary issues: dilemmas of the knowledge society development; selection between trust substitutes and its reconstruction methods; transformations of social stratification; and the choice of pathways to socio-economic development. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading jurists of (...) the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Folklore has a critical role as a cultural transmitter, all the while being a socially accepted medium for the expressions of culturally contradicting wishes and conducts. In this study of Vietnamese folktales, through the use of Bayesian multilevel modeling and the Markov chain Monte Carlo technique, we offer empirical evidence for how the interplay between religious teachings (Confucianism, Buddhism, and Taoism) and deviant behaviors (lying and violence) could affect a folktale’s outcome. The findings indicate that characters who lie and/or commit (...) violent acts tend to have bad endings, as intuition would dictate, but when they are associated with any of the above Three Teachings, the final endings may vary. Positive outcomes are seen in cases where characters associated with Confucianism lie and characters associated with Buddhism act violently. The results supplement the worldwide literature on discrepancies between folklore and real-life conduct, as well as on the contradictory human behaviors vis-à-vis religious teachings. Overall, the study highlights the complexity of human decision-making, especially beyond the folklore realm. (shrink)

The role that the desire for self‐worth plays in international relations has become a prominent topic in contemporary political theory. Contemporary accounts are based on the notion of national self‐worth as a function of status; therefore, the desire for national self‐worth is seen as a source of anxiety and conflict over status. By contrast, according to Christian Wolff, there exists a duty to take care that both one's own and other political communities deserve to be esteemed. In his view, this (...) duty is grounded in the duty of self‐perfection because the qualities for which communities deserve to be esteemed are those that promote the self‐perfection of individuals. From this perspective, he argues that duties of esteem toward political communities should not be seen as an outcome of power relations but rather as an outcome of the fulfillment of functions of the law of peoples. Wolff's line of argument draws attention to the possibility that anger over a violation of the desire for honor could be mistaken for an expression of specific culture‐specific sensitivities, while what really may be expressed is a diverging interpretation of the implications of dependence in international relations. (shrink)

How should liberal democratic states respond to cultural practices and arrangements that run afoul of liberal norms and laws? This article argues for a reframing of the challenges posed by traditional or nonliberal cultural minorities. The author suggests that viewed from up close, such dilemmas are revealed to be primarily intracultural rather than intercultural conflicts, and reflect the political and practical interests of factions of communities much more than deep moral differences. Using the example of the reform of customary marriage (...) laws in post-apartheid South Africa, this article makes the case for a more pragmatic, politically focused approach to resolving conflicts of culture that it is argued is both more democratic and effective than alternatives recently advanced by liberals and deliberative democracy theorists. (shrink)

Negli ultimi decenni i sociologi ed economisti hanno sottolineato come il mondo del consumo sia sempre più caratterizzato dalle componenti culturali, sociali ed emotive. La marca cessa di essere semplice depositaria di benefit tangibili e performance oggettive ed estende il dominio all’area dei valori, delle relazioni e dei sentimenti. Adattandosi ai cambiamenti comunicativi il marketing si è arricchito di nuove strategie che la letteratura identifica con il temine “non convenzionali”: il market environment, il market niche, la client relationship, le competences (...) of the customer, il guerrilla marketing e le subjective experiences dei consumatori. E tra queste particolare rilievo ha assunto il “marketing esperienziale” finaliz-zato a coinvolgere la clientela offrendogli un’esperienza memorabile della marca. Il marketing include, certo, le tradizionali campagne pubblicitarie, le promozioni, le sponsorizzazioni, ma anche l’attrazione dei clienti negli ambienti dell’impresa, mettendo in mostra i luoghi, gli attori e i mezzi della produzione. Da questo punto di vista, i musei aziendali sono un medium straordinario che crea o consolida il rapporto tra l’impresa e il pubblico ma anche il legami interni e quelli con il territorio. Ne sono prova i due casi di studio sull'Heritage Marketing presentati nel volume: l’Heineken Experience e il Guinness Storehouse, i celebri musei dei due colossi dell’industria birraria. -/- Introduzione -/- Capitolo primo IL MARKETING NON CONVENZIONALE 1.1. Le leve decisionali del marketing 1.2. Dal Old School marketing al Societing 1.3. I dieci principi del marketing non-convenzionale -/- Capitolo secondo LE PANACEE DEL MARKETING 2.1. Un quadro d’insieme 2.2. Client Relationship 2.3. Market Environment 2.4. Market Niche 2.5. Guerrilla Marketing 2.6. Subjective Experiences -/- Capitolo terzo I MUSEI AZIENDALI 3.1. Una definizione provvisoria e alcune classificazioni 3.2. L’origine e la diffusione dei musei d’impresa 3.3. Il museo come mezzo di promozione aziendale e socio-culturale 3.4. Musei aziendali e comunicazione visuale: note semiotiche -/- Capitolo quarto L’HEINEKEN EXPERIENCE DI AMSTERDAM di Marta Scalzotto 4.1. Breve storia della Heineken 4.2. Le strategie di comunicazione 4.3. La responsabilità sociale e ambientale 4.4. La storia e la sede del museo 4.5. La visita del museo -/- Capitolo quinto LA GUINNESS STOREHOUSE DI DUBLINO di Marta Scalzotto 5.1. Breve storia e i prodotti della Guinness 5.2. Le strategie di comunicazione 5.3. Le sponsorizzazioni e le promozioni 5.4. La storia e la sede del museo 5.5. La visita del museo -/- Conclusioni -/- Riferimenti bibliografici. (shrink)

Globalization is resulting in complex decisions by businesses as to where and what to produce, while free trade is resulting in a greater menu of choices for consumers, often with the blending of products and goods from various cultures, called ‘glocalization.’ This paper reviews the theories and practices behind these current happenings, which are each economic, politicaleconomic, institutional, and sociological, first by looking at the supply side of why certain countries produce the goods that they do, and then at the (...) demand side, why consumers have particular, cultural tastes and preferences for goods. It also proffers theories to explain firm location and that of intra-industry trade. This occus when countries trade similar products rather than differentiating, as economic theory would suggest. After reviewing the literature, through numerous examples of political-economy and culture, it argues somewhat normatively that differences in culture and goods are a strength to the world community, and that globalization in the end will not likely result in a singular global culture with a uniformity of exactly identical economic goods anytime in the near future. (shrink)

Communities of nuclear workers have evolved in distinctive contexts. During the Manhattan Project the UK, USA and Canada collectively developed the first reactors, isotope separation plants and atomic bombs and, in the process, nurtured distinct cadres of specialist workers. Their later workplaces were often inherited from wartime facilities, or built anew at isolated locations. For a decade, nuclear specialists were segregated and cossetted to gestate practical expertise. At Oak Ridge Tennessee, for example, the informal ‘Clinch College of Nuclear Knowledge’ aimed (...) to industrialise the use of radioactive materials. ‘We were like children in a toy factory’, said its Director: ‘everyone could play the game of designing new nuclear power piles’. His counterpart at Chalk River, Ontario headed a project ‘completely Canadian in every respect’, while the head of the British project chose the remote Dounreay site in northern Scotland because of design uncertainties in the experimental breeder reactor. With the decline of secrecy during the mid-1950s, the hidden specialists lauded as ‘atomic scientists’ gradually became visible as new breeds of engineers, technologists and technicians responsible for nuclear reactors and power plants. Mutated by their different political contexts, occupational categories, labour affiliations, professional representations and popular depictions, their activities were disputed by distinct audiences. This chapter examines the changing identities of nuclear specialists and the significance of their secure sites. Shaped successively by Cold War secrecy, commercial competition and terrorist threats, nuclear energy remained out of site for wider publics and most nuclear specialists alike. The distinctive episodes reveal the changing working experiences of technical workers in late-twentieth and early twenty-first century environments. (shrink)

Brief observation on the notion of saudade: cultural symbol and paradox. This paper seeks to problematize certain aspects of the notion of saudade, a peculiar Lusophone word known for being a “cultural symbol” of the Brazilian-Portuguese subjectivity, yet intricate to translate. The main purpose is to shed light on aspects the theme unfolds and point out the hypothesis of a supposed contradiction, a paradox of the term saudade, a word that must be understood as a feeling containing in its core (...) pairs such as pleasure-pain, joy-sorrow, happiness-sadness, good-bad. To do so, this paper does not make use of established theses previously put forward, lines of interpretation, literary schools or specific scholars. Nor will it attain to the debates over it in philology and linguistics, anthropology, sociology or history. Instead, this article aims at highlighting certain nuances of such diversified notion at first, to then show in what measure saudade could signify a conceptual paradox through the attributions and characteristics typically associated with it, such as the desire of returning to a “happy” past, together with the nostalgic pain, melancholy and sorrow brought by the impossibility to do so. For the latter, we resort to passages of popular Brazilian songs and poems. (shrink)

Holography, the technology of three-dimensional imaging, has repeatedly been reconceptualised by new communities. Conceived in 1947 as a means of improving electron microscopy, holography was revitalized in the early 1960s by engineer-scientists at classified laboratories. The invention promoted the transformation of a would-be discipline (optical engineering) and spawned limited artist-scientist collaborations. However, a separate artisanal community promoted a distinct countercultural form of holography via a revolutionary technology: the sandbox optical table. Their tools, sponsorship, products, literature and engagement with wider culture (...) differentiated the communities, which instituted a limited ‘technological trade’. The subject strikingly illustrates the co-evolution of new technology along with highly dissimilar user groups, neither of which fostered the secure establishment of a profession or discipline. The case generalises the concept of 'research-technologists' and 'peripheral science', and extends the ideas of Langdon Winner by demonstrating how the political dimensions of a technology can be important but evanescent in the growth of technical communities. (shrink)

After a critique of the conservative and speculative approaches dominating the field of the protection and promotion of cultural heritage, the paper introduces a sociological perspective that considers cultural heritage an essential factor of identification and belonging, as well as a mean for the reproduction of life forms. The heritage of the past, in fact, is a living body contributing to the symbolic transmis-sion of the aesthetic, ethical and cognitive values of communities. Rather than the protection of guardians and the (...) exploitation of traders, this heritage needs the ac-tive participation of citizens to its regeneration. The paper then argues for a “secularization” of the cultural heritage, shielding it from the separetedness of musealization and returning the religious sense of bond to its sacredness. The sociological perspective has the task of revealing that awareness and proposing strategies for the construction of integrated networks of rational practices. (shrink)

The Committee on Economic, Social and Cultural Rights (CESCR) has a new mechanism to receive individual complaints and issue views, which makes the question of how the Committee should interpret the broad articles of the International Covenant on Economic, Social and Cultural Rights more pressing than ever. Most commentators on the legitimacy of the CESCR’s interpretation have argued that interpreters should make better use of Articles 31–33 of the Vienna Convention on the Law of Treaties (VCLT) in order to improve (...) the legitimacy of their findings. In this article, we argue conversely that the individual communication mechanism should be evaluated and reformed in terms of legitimate authority. In the context of the Committee’s process of interpretation, we contend that proportionality is better suited than the various interpretive options of the VCLT to offer a consistent procedure that is able to generate legitimacy by attenuating the tension between personal and collective autonomy. (shrink)

Modern genetics becomes a bridge between the natural sciences, humanities and social practtoon the social life of biomedicine and genetics this branch of science makes these branches of science by comparable in their socio-forming role to politics and economics factors. The research objective of this paper is theoretical analysis of social and cultural challenges posed by the development of basic genetics and genetic technologies. The problems of this book may be attributed to the new field of science, formed at the (...) intersection of genetics and sociology, which was called "social Genetics" (community genetics). In the field of philosophy and methodology of science, its goal is a comparative historical-scientific and philosophical and methodological analysis of general mechanisms of evolution of the dual socio-cultural and scientific paradigms. (shrink)

This review aims to identify (1) sources of knowledge and (2) important themes of the ethical debate related to surgical alteration of facial features in East Asians. This article integrates narrative and systematic review methods. In March 2014, we searched databases including PubMed, Philosopher’s Index, Web of Science, Sociological Abstracts, and Communication Abstracts using key terms “cosmetic surgery,” “ethnic*,” “ethics,” “Asia*,” and “Western*.” The study included all types of papers written in English that discuss the debate on rhinoplasty and (...) blepharoplasty in East Asians. No limit was put on date of publication. Combining both narrative and systematic review methods, a total of 31 articles were critically appraised on their contribution to ethical reflection founded on the debates regarding the surgical alteration of Asian features. Sources of knowledge were drawn from four main disciplines, including the humanities, medicine or surgery, communications, and economics. Focusing on cosmetic surgery perceived as a westernising practice, the key debate themes included authenticity of identity, interpersonal relationships and socio-economic utility in the context of Asian culture. The study shows how cosmetic surgery of ethnic features plays an important role in understanding female identity in the Asian context. Based on the debate themes authenticity of identity, interpersonal relationships, and socio-economic utility, this article argues that identity should be understood as less individualistic and more as relational and transformational in the Asian context. In addition, this article also proposes to consider cosmetic surgery of Asian features as an interplay of cultural imperialism and cultural nationalism, which can both be a source of social pressure to modify one’s appearance. (shrink)

Until the late 19th century scientists almost always assumed that the world could be described as a rule-based and hence deterministic system or as a set of such systems. The assumption is maintained in many 20th century theories although it has also been doubted because of the breakthrough of statistical theories in thermodynamics (Boltzmann and Gibbs) and other fields, unsolved questions in quantum mechanics as well as several theories forwarded within the social sciences. Until recently it has furthermore been assumed (...) that a rule-based and deterministic system was also predictable if only the rules were known, but this assumption has now been undermined by modern chaos-theory describing rule-based and deterministic, but unpredictable systems, while catastrophe-theory delivers a set of types describing various kinds of instability and conditions for the stability of a given system. Hence the main trait in the theoretical development in the 20th-century science can be described as a basic modification and limitation of some of the fundamental and strong assumptions forwarded in the previous epochs of modern science. Ironically, the very same process has been a process in which the human capacity to intervene in nature has expanded dramatically and mainly with the help of the very same theories, and not least because they allow nature to be described and made manipulable on a lower level and a more fine-grained scale. While the overall theoretical consistency between the various theories has gone, the reach of human intervention in nature has increased based on quite new dimensions whether in the area of physics (e.g.: energy technologies, chemical technologies, nanotechnologies etc.) or biology (ge¬netic manipulation) or in the area of psychology, sociology and culture (artificial simulations of mental processes, new means of communication, implying changes in the social infrastructure and cultural behaviour etc.). While some of these changes and new conditions can be reflected from within the conceptual framework of rule-based systems, albeit more complex than formerly recognized, others seem to give rise to the question of whether there are »systems« and relations between different systems in the world which are not rule-based? For instance, it seems to be obvious that the notion of instability represents a major conceptual break with former theories of rule-based systems, as the stability of the latter is an axiomatically given property implied in the very notion of rule-based systems, while instability can only be the result of external influence which should be explained as the result of another rule-based sy¬stem. While there are no difficulties implied concerning the stability of rule-based systems, the notion of unstable states of a system raises the question of how there can be a system at all if there are no invariant stabilising principles? This is the first question which I will address. And I shall do so by taking two examples of such systems as my point of departure. The first example will be the computer and the second will be ordinary language. In both cases I will argue that the stability of these systems (which are both defined by the existence/presence of human intentions) are provided by the help of - differently organised - redundancy functions which both allow the maintenance of systems in unstable macro-states, suspension of previous rules, underdetermination and overdetermination and generation/emergence/creation of new rules more or less independent of previous rules by the help of optional recursions to the permanently accessible underlying levels as for instance the level of binary representation in computers. Since the notion of redundancy is both controversial as such and often avoided, the concept is discussed (as defined in Claude Shannon's mathematical theory of information and in the semiotic framework of J. J. Greimas) and leading to a more general definition in which the redundancy functions serve to overcome noisy conditions, but at the cost of rule-based stability, determination, and predictability. A second question will be how the notion of rule-generating systems relates to the notion of anticipatory systems and it will be argued that rule-generating systems share some features with an¬ticipatory systems and that the former from a certain viewpoint can be seen as a subclass of the latter, although anticipative features are not necessarily a part of the definition of rule-generating systems. On the other hand, it will be discussed whether anticipatory systems which are not rule-generating systems can exist and it will be argued that the capacity to anticipate is strongly limited if it is not part of a rule-generating system. Therefore, it is concluded that the most powerful anticipatory systems need to be rule-generating systems. (shrink)

Cultural communication has obliquely shapes society relationships with another for the sake of togetherness prosperity. Diversity of norms and values from cultural symbols are able to be transferred as connecting elements in order to create interaction that is based on mutual comprehension of cultural norms. This study objective is to comprehend Bawean ethnic's cultural communication symbol. Employing qualitative methods, social construction paradigm is perceived through in-depth interview. This methodology adapted to realize the meaning of cultural communication between (...) Bawaean and the other Malay sub-ethnicity. There are one main informant and ten other informant whom have been interviewed face-to-face. The result has shown that Bawean ethnic's cultural communication symbol such as language, cuisine, martial arts and religious rituals are the main elements in Bawean ethnic's cultural communication. In conclusion, cultural communication between Bawean ethnic and other ethnic has taken place according to the situations as either inside or outside the group. Cultural similarities has facilitate cultural communication tranquility. It creates social integration with relation to the ethnic relationship processes such as acculturation, accommodation and integration. (shrink)

What types of unity and disunity belong to a group of people sharing a culture? Husserl illuminates these communities by helping us trace their origin to two types of interpersonal act—cooperation and influence—though cultural communities are distinguished from both cooperative groups and mere communities of related influences. This analysis has consequences for contemporary concerns about multi- or mono-culturalism and the relationship between culture and politics. It also leads us to critique Husserl’s desire for a new humanity, one that is rational, (...) cooperatively united, and animated by a universal philosophical culture. Reflecting on culture, a spiritually shaped and shared domain of the world, draws us to reflect also on ourselves as social and rational animals, and to ask, what should we reasonably hope for—and aim for—in a human culture that expresses and supports our shared lives of reason? Aristotle is used for occasional comparisons and contrasts. (shrink)

Aspects of human symbolic evolution are studied by scholars active in a variety of fields and disciplines in the life and the behavioral sciences as well as the scientific-philosophical, sociological, anthropological, and linguistic sciences. These fields and disciplines all take on an evolutionary approach to the study of human symbolism, but scholars disagree in their theoretical and methodological attitudes. Theoretically, symbolism is defined differentially as knowledge, behavior, cognition, culture, language, or social group living. Methodologically, the diverse symbolic evolution sciences establish (...) their teachings upon diverging evolutionary biological schools and paradigms. This chapter reviews past and current research fields in human symbolic evolution for how they differentially implement tenets of the major evolution schools that were discussed in the previous chapter. Traditional evolutionary epistemology and biosemiotics bring in a mesoevolutionary outlook by drawing on early Darwinism and evolutionary developmental biology movements that emphasize the role of the organism in evolution. Communication studies instead originally take on a microevolutionary perspective by investigating how units of information are transmitted across generations through time. Only later do they integrate studies on meaning-making at the organismal level. Sociobiology complements a microevolutionary with a macroevolutionary outlook by implementing population genetic approaches, typical of the Modern Synthesis, into studies on individual and group behavior. The new symbolic evolutionary sciences build upon these traditions and include disciplines such as evolutionary psychology, evolutionary linguistics, evolutionary anthropology, evolutionary archaeology, evolutionary sociology, and evolutionary economics. Originally centered on implementing Darwinian selection theory, these fields are now including ecological and evolutionary developmental biology as well as reticulate evolutionary paradigms. As diverse in outlook and scope as they are, no discipline holds a privileged position over the other and all have made valuable contributions to our understanding of human symbolic evolution. (shrink)

The twentieth-century obsession with meaning often fails to address the central questions: Why are we here? Where are we going? In this radical critique of modernity, Eugene (Rochberg-) Halton resurrects pragmatism, pushing it beyond its traditional formulations to meet these questions head on. Drawing on the works of the early pragmatists such as John Dewey, George Herbert Mead, and particularly C.S. Peirce, Meaning and Modernity is an ambitious attempt to reconstruct concepts from philosophical pragmatism for contemporary social theory. Through a (...) vigorous and illuminating dialogue with other perspectives in the social sciences, (Rochberg-) Halton reveals the value of the pragmatic attitude as a mode of thought, one which speaks to the contemporary hunger for significance in a world where rationalized technique has all too often severed subject and object from their living context... Throughout the work is a sustained critique of modern culture in which (Rochberg-) Halton brings his reconstruction of the pragmatic atttude to bear on twentieth-century thought and its counterparts in the expressive arts. His engaging analysis encompasses figures as diverse as Simmel, Freud, Wittgenstein, Schoenberg, Adolph Loos, Mumford, Melville, the "Vienna School of Fantastic Realism," and Doris Lessing. The author's semiotic approach to culture allows him to move freely and easily across many disciplines, including anthropology, sociology, communications, art, literature, and philosophy. This is a work of rare originality and power that is sure to provoke discussion, for Rochberg-Halton creates new premises for understanding the human web of meaning. In a review published in the London Times Literary Supplement, Charles Townshend said that (Rochberg-) Halton's, “answer to the dilemma of modernity is a still more striking synthesis, which he labels ‘critical animism’ (as distinct from primitive animism). Meaning and Modernity belies its conventional exterior: it is a passionate tract against the 'diabolical tyranny of the rational'...He pits his researches into the attitudes of Chicagoans to their household goods and to their city against the abstract semioticians who have emptied signs of their capacity to 'live objectively in the transactions people have with them'...Such humanism will probably strike his fellow social theorists as downright weird, but his work shows that the cracking shell of modernism will provide a rich intellectual agenda.”. (shrink)

The set of symbols of success is a set of cultural determinants of activity and their functioning is connected with the fundamental functions of culture as a system of historically developing supra-biological programs of life. The relevance of considering the symbolization of success in modern cinema is due to several factors. First, according to the majority of art historians and film theorists, cinema remains the leading, most widespread form of art throughout the 20th and 21st centuries. If we understand art (...) as a figurative comprehension of reality, its process and result, which is expressed in works, then the symbolization of success in cinema can be considered one of the most common practices for representing the determinants of activity through a figurative comprehension of reality. An analysis of this process in modern cinematography reveals the mechanisms of functioning of one of the elements of the totality of joint life programs as a segment of modern culture, limited by the boundaries of film communication. Secondly, the development of cinematography largely determines the fundamental changes in the culture of the 20th century. and there is no reason to believe that its influence is diminishing in recent times. Consequently, modern cinema remains one of the most important areas of cultural life, the study of which allows expanding scientific understanding of the patterns of changes taking place in culture. Thirdly, the development of information and communication technologies at the end of the 20th century. led to the fact that the value complexes of traditional cultures of different peoples of the world and expansive global neoplasms of a supranational nature (mass, elite, corporate, fandom, etc.) are simultaneously transmitted into the space of personal culture. Cinema in the new conditions only strengthened its position as the leading relay of value complexes. The special socio-forming qualities of cinema were noted both by its pioneers (L. Delluk, A. Dovzhenko, Ch. Chaplin, S. Eisenstein, etc.), scientists (B. Balash, V. A. Gottwald, E. M. Samuylenko, etc.) , and the ideologists of cultural revolutions at the beginning of the 20th century. G. Turner, in particular, drew attention to the fact that “to achieve control over the everyday representation of the world for a nation means to acquire strong power over the representation of individuals about themselves and about each other”, referring to the threat to the integrity and coherence of an individual’s understanding of the world under the pressure of foreign cultural domination over film communication. In this regard, the search for ways to relevantly measure the trends in the development of modern culture by marking in cinema the cultural determinants of activity, which are the symbols of success, seems to be an urgent theoretical and scientific-practical task, the solution of which expands the predictive potential of culture and its projective possibilities. (shrink)

La communication research ha oramai guadagnato una propria autonomia scientifica e accademica, sostenuta dal riconoscimento della qualità e rilevanza sociale e culturale dell’oggetto di studio. Le comunicazioni di massa sono una realtà affluente della nuova era antropologica, che si manifesta in molteplici aspetti che incidono sulla riproduzione simbolica e materiale dei sistemi sociali. Di fronte all’emergenza di un fenomeno pervasivo e pluriforme, da circa un secolo, gli studiosi si pongono il problema di come darne conto in maniera adeguata. Il (...) libro ricostruisce lo sviluppo dei differenti paradigmi che si sono affermati nel corso del Novecento, orientando i modelli teorici e le attività di ricerca sui media. -/- INDICE 11 - Prefazione. Ciò che è vivo e ciò che è morto nella teoria della comunicazione del Novecento. Per una storiografia della teoria, i principali modelli e le principali scuole di Michele Infante; 31 - Introduzione; 37 - Capitolo I. Le prime riflessioni sugli effetti dei mass media; 63 - Capitolo II. La scoperta delle variabili intervenienti; 85 - Capitolo III. Le reti sociali e il “flusso a due fasi”; 121 - Capitolo IV. L’approccio degli usi e delle gratificazioni; 141 - Capitolo V. La teoria critica vs. l’industria culturale; 171 - Capitolo VI. I Cultural Studies; 197 - Capitolo VII. La teoria dell’agenda setting; 227 - Capitolo VIII. La teoria della spirale del silenzio; 239 - Capitolo IX. La teoria della coltivazione; 257 - Capitolo X. La teoria della dipendenza; 273 - Bibliografia. (shrink)

For the theoretical construction that will allow the analysis to News of a Kidnapping (1996), I rely on the establishment of the sociological character of the disciplines of Literature and Criminology (the way of organizing society, through certain laws and regulations), besides having other similarities (artistic, interpretative and written dimensions), as pointed out by Perez (2006). The way of articulating these proposals is somewhat problematic, because there is no interdisciplinary link that is fully and intellectually elaborated, according to Nelson, Treichler (...) and Grossberg: difficulty that would not allow contextualizing, theorizing and questioning the bases with which we work. For this reason, Cultural Studies would have a necessary functionality: its methodology does not have guarantees on the privilege that is granted to the internal structures of the interdisciplinary. For this, I have developed two guidelines by which that phenomenon could be explained: the literary and criminological approaches. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. We (...) also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

The research identified the key element on P. R. China’s incentives in modern history on techtransfer practices. With reviewing on the state funding surrogacy in the natural sciences, the author identified the key militant coercive contracting clauses in the document of the National Natural Science Foundation of China. With its combined workings with the statutory & martial laws, the analysis takes a com- parative culture approach that partially counteracts the work of the “United Front Working Group of the CPC”, which (...) constitutes as the major cyber espionage organization that manifests upon the communication & information technologies. The “United Front”’s work has substabtially undermined the premices of market economy and eroded the markets’ self-organizing & self-regulating functionalities. With heterogenous semantic networks taken into consideration, the psychosociological elements were taken into consideration even with the psychological data codings in the semantic networks of P. R. China. (shrink)

Who should decide who gets to say what on online social media platforms like Facebook, Twitter, and YouTube? American legal scholars have often thought that the private owners of these platforms should decide, in part because such an arrangement is thought to serve valuable free speech interests. This standard view has come under pressure with the enactment of statutes like Texas House Bill 20, which forbids certain platforms from “censoring” user content based on viewpoint. Such efforts to regulate the speech (...) policies of online platforms have been challenged for undermining the editorial speech rights of these platforms and allowing the proliferation of hate speech. This Article develops a democratic theory of free speech, according to which one of the most important reasons for protecting robust free speech rights is that free speech can contribute not only to democratic elections but to a democratic culture more generally. To achieve robust cultural democracy, a community’s speech environment must enable people not only to rationally persuade one another about matters of public importance and convey mutual respect to one another as political equals but also allow people to influence each other in a less articulate and rational manner—to “democratically vibe” with one another. This theory yields a qualified normative defense of government regulation of the speech policies of large social media platforms that can help to realize cultural democracy, suggesting that First Amendment doctrine should focus to a greater extent on protecting the speech rights of platform users, rather than platform owners. Although far from a ringing endorsement of H.B. 20 or S.B. 7072, this Article suggests that First Amendment law should be friendlier to state regulation of platform speech than many critics have thought. (shrink)

The cultural, economic and political crisis affecting the European Union (EU) today is manifested in the political community’s lack of enthusiasm and cohesion. An effort to reverse this situation – foster ‘EU identity’ – was the creation of EU citizenship. Citizen- ship implies a people and a polity. But EU citizens already belong to national polities. Should EU citizenship override national citizenship or coexist with it? Postnationalists like Habermas have suggested EU citizenship can overcome nationalisms, grounding political belonging on the (...) body of laws that members of the post- national polity generate in the public sphere. Cosmopolitan communitarianists like Bellamy, by contrast, think that EU citizens should form a mixed commonwealth, with political belonging based on national citizenship. I will argue in favour of the second option, and submit an analogical reading of the ensuing ideas of citizenship, identity and polity. Cosmopolitan communitarianist EU citizenship promises to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity in a ‘mixed’ polity. Its main challenge is how to keep the diverse, mixed polity together. (shrink)

Under the influence of Hilary Putnam’s collapse of the fact/value dichotomy, a resurging approach that challenges the movements of American pragmatism and discourse ethics, I tease out in the first section of my paper the demand for the warranted assertibility hypothesis in Putnam’s sense that may be possible, relying on moral realism to get rid of ‘rampant Platonism’. Tracing back to ‘communicative action’ or the Habermasian way that puts forward the reciprocal understanding of discourse instigates the idea of life-world as (...) composed of ‘culturally transmitted and linguistically organized stock of interpretative patterns’, this section looks for whether Habermas’ psychoanalysis of prolonged discussion can accord with Putnam’s thick ethical terms or not. The last section of the paper pitfalls Putnam’s stance to accepting Habermas’ ‘discourse ethics’ that centers around the context of entangling ‘rational thoughts’ to ‘communication’, but he introduces the idea of fallibilism in a rational query that also attacks the Habermasian metaphysical idea of the validity of ethical statements that goes towards the truth. My next attempt is to see whether Putnam’s objective dictum towards morality that resonates the collapse of fact/value dichotomy from a universalistic stand can successfully evade Rorty’s naive realism and Habermas’ ‘sociologism about values’ respectively. This sort of claim insists on a universalizable pattern of culture-relative value. I consider that the idea of a fact/value dichotomy engages with the inextricable entanglement between the normative and descriptive content, besides the epistemic values having exclusively intertwined with the structure of factual discourse that intends towards collapsing the fact/value dichotomy, a subjective universalizability predilection. (shrink)

Après avoir introduit la notion d’espace public dans le contexte de la « théorie générale de la société » avec laquelle Habermas a entrepris une reconstruction de l’évolution des systèmes sociaux et, aussi, de la naissance de la sphère publique au cœur des sociétés bourgeoises et des changements à travers et au-delà des sociétés de masse, cet article se propose d’élaborer un cadre analytique du modèle habermasien de la sphère politique publique, décrivant aujourd’hui sa structure et ses fonctions spécifiques, par (...) rapport à la société civile et au système politique (fonctions de «caisse de résonance », « filtre », « contrôle » et « pression de rationalisation »). Dans un effort pour clarifier le «sens critique» d’un modèle de recherche « normatif » dans son contenu, mais suffisamment « réaliste », Habermas remonte à deux questions essentielles pour des sciences de la communication: a) l’indépendance des médias de masse; et b) les leur effets sur l’auditoire. Ce passage permet de mettre en évidence la « structure » et la « qualité » de la discussion publique. (shrink)

The purpose of the paper is to analyze the thesis that an agreement between representatives of two different cultures can and should be reached at a theoretical level. The author tries to verify the Theory of Communicative Action proposed by Jürgen Habermas in the light of philosophical reflections of American neopragmatist Stanley Fish. Habermas is one of the most important and widely read social theorists in the post-Second World War era. He is also one of the authors of the concept (...) of deliberative democracy, which holds that, for a democratic decision to be legitimate, it must be preceded by authentic deliberation – disinterested exchange of reasons – not merely the aggregation of preferences that occurs in voting. The foundation of deliberative democracy is, according to the German thinker, a communicative action based on communicative rationality. Stanley Fish, in turn, is one of the most eminent American philosophers of the twentieth and twenty-first centuries. The main area of his scientific activity is the theory of literature, law, and history. In the course of his reflections, Fish constructed the concept of an interpretive communities, which implies an original view on the nature of the process of cognition, status of human convictions or beliefs, nature of communication situation and capabilities of theory. The final conclusion stemming from the reflection on Fish’s philosophy explains why Habermas’ theory is not an adequate tool to reach an intercultural agreement. (shrink)

Intergenerational Relations - Contemporary Theories, Studies, and Policies, concentrates on actual discussions around various aspects of interactions that occur between people from different age groups and generations. The authors present studies related to four sets of challenges crucial for relationships between children, young adults, middle-aged adults, and older adults. These challenges include social and cultural challenges, economic and technological challenges, environmental challenges, and political and legal challenges. The volume also addresses issues important for the global, national, regional, and local application (...) and performance of intergenerational solutions, projects, and programs focused on achieving the United Nations Sustainable Development Goals (SDGs). The collection includes chapters encompassing research and practical recommendations from various disciplines such as demography, economics, ethics, management, gerontology, public health, pedagogy, social work, political science, and sociology. This book is an asset to academic and professional communities interested in theories of intergenerational relationships as well as public services and age-related policies. Moreover, the volume is a useful resource to help students, practitioners, and people working in government, business, and nonprofit organizations build positive and harmonious interactions between generations. (shrink)