Deliberative Transformative Moments (DTM) is a new concept that serves as an amendment to the DQI. With this new concept it is easier to get at the quick give-and-take of discussions of small groups of ordinary citizens. As an illustration, we apply the concept to discussions about the peace process among Colombian ex-combatants, ex-guerrillas and ex-paramilitaries. Specifically, we show how personal stories can transform a discussion from a low to a high level of deliberation and how they can (...) have the opposite effect. To increase the level of deliberation in the general population, we recommend that good illustrations of DTM’s should be part of the school programs from an early age on, so that children learn how to discuss with others who have different opinions and values. (shrink)

From the local level to international politics, deliberation helps to increase mutual understanding and trust, in order to arrive at political decisions of high epistemic value and legitimacy. This book gives deliberation a dynamic dimension, analysing how levels of deliberation rise and fall in group discussions, and introducing the concept of 'deliberative transformative moments' and how they can be applied to deeply divided societies, where deliberation is most needed but also most difficult to work. Discussions between ex-guerrillas and (...) ex-paramilitaries in Colombia, Serbs and Bosnjaks in Bosnia-Herzegovina, and police officers and locals in Brazilian favelas are used as case studies, with participants addressing how peace can be attained in their countries. Allowing access to the records and transcripts of the discussions opens an opportunity for practitioners of conflict resolution to apply this research to their work in trouble spots of the world, creating a link between the theory and practice of deliberation. (shrink)

In group discussions of any kind there tends to be an up and down in the level of deliberation. To capture this dynamic we coined the concept of Deliberative Transformative Moments (DTM). In deeply divided societies deliberation is particularly important in order to arrive at peace and stability, but deliberation is also very difficult to be attained. Therefore, we wanted to learn about the conditions that in group discussions across the deep divisions of such societies help deliberation. We (...) organized such group discussions between ex-guerrillas and ex-paramilitaries in Colombia, Serbs and Bosnjaks in Srebrenica, and poor residents and local police officers in the favelas (slums) of Brazil. We could identify factors that help to transform discussions from low to high deliberation and risk transformations in the opposite direction. We could also identify factors that help to keep a discussion at a high level of deliberation, and, in a next step, we could determine to what extent long sequences of deliberation had a positive impact on the outcomes of the discussions. Finally, we show how our research results can have a long term effect if it is used in schools of such deeply divided societies. (shrink)

Every day, thousands of polls, surveys, and rating scales are employed to elicit the attitudes of humankind. Given the ubiquitous use of these instruments, it seems we ought to have firm answers to what is measured by them, but unfortunately we do not. To help remedy this situation, we present a novel approach to investigate the nature of attitudes. We created a self-transforming paper survey of moral opinions, covering both foundational principles, and current dilemmas hotly debated in the media. This (...) survey used a magic trick to expose participants to a reversal of their previously stated attitudes, allowing us to record whether they were prepared to endorse and argue for the opposite view of what they had stated only moments ago. The result showed that the majority of the reversals remained undetected, and a full 69% of the participants failed to detect at least one of two changes. In addition, participants often constructed coherent and unequivocal arguments supporting the opposite of their original position. These results suggest a dramatic potential for flexibility in our moral attitudes, and indicates a clear role for self-attribution and post-hoc rationalization in attitude formation and change. (shrink)

Jean-Paul Sartre is often seen as the quintessential public intellectual, but this was not always the case. Until the mid-1940s he was not so well-known, even in France. Then suddenly, in a very short period of time, Sartre became an intellectual celebrity. How can we explain this remarkable transformation? The Existentialist Moment retraces Sartre s career and provides a compelling new explanation of his meteoric rise to fame. Baert takes the reader back to the confusing and traumatic period of the (...) Second World War and its immediate aftermath and shows how the unique political and intellectual landscape in France at this time helped to propel Sartre and existentialist philosophy to the fore. The book also explores why, from the early 1960s onwards, in France and elsewhere, the interest in Sartre and existentialism eventually waned. The Existentialist Moment ends with a bold new theory for the study of intellectuals and a provocative challenge to the widespread belief that the public intellectual is a species now on the brink of extinction. (shrink)

In this paper I point to the degraded value of hope in the contemporary digital world and discuss the dangers of this transformation. Hope constitutes one of the basic drives that sustains vitality in the human species. Especially contemporary philosophers such as Hume, Kant, and Bloch, among others, consider hope from a philosophical perspective and despite their differences, they agree on the overall importance of hope as one of the fundamental motivations of humans towards a future life that makes striving (...) possible. However, in the contemporary world, starting with the film industry as Adorno and Horkheimer stated, and later advanced by social media practices, hope becomes solely a hope of fame. This desire for fame is such that, as Baudrillard anticipated before the widespread use of the internet and the emergence of social media, a panoptical system is no longer required as people share their private life publicly, 'hoping' that they gain more followers, likes and attention. People exhibit 'glamorous', 'beautiful', and 'delicious' moments that constrain hope to one dimension and disconnect it from reality. From these points, I argue that what the contemporary world presents is a passive, negative hope that marks the loss of hope which should be productive and transformative. (shrink)

The present volume is the fifth in the series of yearbooks with the title Globalistics and Globalization Studies. The subtitle of the present volume is Global Transformations and Global Future. We become more and more accustomed to think globally and to see global processes. And our future can all means be global. However, is this statement justified? Indeed, in recent years, many have begun to claim that globalization has stalled, that we are rather dealing with the process of anti-globalization. Will (...) not we find ourselves at some point again in an edifice spanning across the globe, but divided into national apartments, separated by walls of high tariffs and mutual suspicion? Of course, some setbacks are always possible, because the process of globalization cannot develop smoothly. It is a process which is itself emerging from contradictions and is shaped by a new contradiction. They often go much further than underlying systemic changes allow. They break forward, as the vanguard of a victorious army, and then often meet resistance of various social and political forces and may suddenly start to roll back just at the moment when everyone expects their further offensive. We believe that this is what is happening with globalization at present. The yearbook will be interesting to a wide range of researchers, teachers, students and all those who are concerned about global issues. (shrink)

In this article, I bring Lacan and Foucault into a conversation to show that both theorized the hysteric subject as the moment of the limit in power, where power fails to subordinate us. Moreover, both thinkers theorized the hysteric as the paradigmatic example of a political subject that not only rebels but radically transforms power structures. Next, I show that Freud's Dora case refers to a psychoanalytic discourse on hysteria, which turned into the master's discourse. Such master's discourse aimed to (...) discipline Dora into the norm of female, bourgeois, and heterosexual subjectivity. However, Dora successfully rebelled against the master's discourse. Finally, I expose that only a collective of hysterics could bring down psychiatric power down in the asylum. (shrink)

This anthology is about the signal change in Leibniz’s metaphysics with his explicit adoption of substantial forms in 1678-79. This change can either be seen as a moment of discontinuity with his metaphysics of maturity or as a moment of continuity, such as a passage to the metaphysics from his last years. Between the end of his sejour at Paris and the first part of the Hanover period, Leibniz reformed his dynamics and began to use the theory of corporeal substance. (...) This book explores a very important part of the philosophical work of the young Leibniz. Expertise from around the globe is collated here, including Daniel Garber’s work based on the recent publication of Leibniz's correspondence from the late 1690s, examining how the theory of monads developed during these crucial years. Richard Arthur argues that the introduction of substantial forms, reinterpreted as enduring primitive forces of action in each corporeal substance, allows Leibniz to found the reality of the phenomena of motion in force and thus avoid reducing motion to a mere appearance. Amongst other themes covered in this book, Pauline Phemister’s paper investigates Leibniz’s views on animals and plants, highlighting changes, modifications and elaborations over time of Leibniz’s views and supporting arguments and paying particular attention to his claim that the future is already contained in the seeds of living things. The editor, Adrian Nita, contributes a paper on the continuity or discontinuity of Leibniz’s work on the question of the unity and identity of substance from the perspective of the relation with soul and mind. (shrink)

If an AI makes a significant contribution to a research paper, should it be listed as a co-author? The current guidelines in the field have been created to reduce duplication of credit between two different authors in scientific articles. A new computer program could be identified and credited for its impact in an AI research paper that discusses an early artificial intelligence system which is currently under development at Lawrence Berkeley National. One way to imagine the future of artificial intelligence (...) is that it will be much less expensive to develop new technologies than to create new ways of thinking. Now we have done this technology, and now we go and ask why in the end it is the artificial intelligence that takes over? Well, it is not that artificial intelligence is bad, but it is not as effective as human minds or as intelligent as machine minds. Even in the past, when computers were more intelligent than humans, not all the AI programs have been so intelligent as to be intelligent enough to be called intelligent. (shrink)

By deriving the Lorentz transformation from the absolute speed of light, Einstein demonstrated the relativistic variability of space and time, enabling him to explain length contraction and time dilation without recourse to a "luminiferous ether" or preferred frame of reference. He also showed that clocks synchronized at a distance via light signals are not synchronized in a frame of reference differing from that of the clocks. However, by mislabeling the relativity of synchrony the "relativity of simultaneity," Einstein implied that this (...) effect concerns an actual difference in times from one frame to another rather than merely a failure of clock synchronization across frames. As a theory of length contraction and time dilation on the basis of relative motion in the context of the absolute speed of light, special relativity is the definitive interpretation of the Lorentz transformation and the correct explanation of relativistic phenomena. The relativity of simultaneity, as I demonstrate, plays no role in this explanation but instead provides apparent justification for a view of time in which the present moment is frame-dependent. In contrast to its legitimate application, special relativity fails as a theory of time on the basis of the relativity of simultaneity. (shrink)

If philosophy in the wake of Kant’s transcendental revolution tends to orient itself around a subjective principle, namely the human subject, then recently various schools of thought have proposed a counter-revolution in which philosophy is given an objective, non-human starting point. In this historical context, ‘object-oriented ontology’ has sought to gain the status of first philosophy by identifying being in general with the object as such—that is, by systematically converting beings to objects. By tracing the provenance of contemporary object-oriented philosophy (...) to a key moment of late 18th-century German philosophy, this paper develops the idea of the difference between being and object in order to demonstrate that object-oriented thinking, contrary to its anti-Kantian claims, adheres to the central axiom of transcendental idealism, that this axiom is an unsolvable paradox, and that Kant and Novalis give us the resources for a transformative philosophical project that meets the challenge of the cultural and theoretical turn to objects. (shrink)

This paper asks how perception becomes racializing and seeks the means for its critical interruption. My aim is not only to understand the recalcitrant and limitative temporal structure of racializing habits of seeing, but also to uncover the possibilities within perception for a critical awareness and destabilization of this structure. Reading Henri Bergson and Maurice Merleau-Ponty in dialogue with Frantz Fanon, Iris Marion Young and race-critical feminism, I locate in hesitation the phenomenological moment where habits of seeing can be internally (...) fractured. Hesitation, I claim, makes visible the exclusionary logic of racializing and objectifying perception, countering its affective closure and opening it to critical transformation. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these cases (...) are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Kant’s theory of cognition aimed to explain the possibility of scientific knowledge. Aesthetics and life science were not considered by Kant in the context of cognition. By contrast, Cassirer set himself a philosophical task to extend Kant’s theory of cognition to all forms of culture, including pre-scientific knowledge and aesthetics. The present study demonstrates how Cassirer explained the possibility of different objective forms, named symbolic, by employing and transforming Kant’s theory of cognition. For this goal, Cassirer took the following steps: (...) modified the definitions of a priori synthesis (the act of understanding) and pure intuition (the forms of space and time) - main building blocks of Kant’s cognition; indicated the necessary correlation of intuition and synthesis; characterized a priori synthesis and the intuition as notions which include contradicted meanings. Cassirer called this contradiction “twofold oppositions” as characteristic of a priori synthesis. The first argument of the article is that the possibility of various synthetic acts is rooted in the nature of a priori synthesis which carries together two different meanings: the act of uniting elements and the initial unity. One synthetic act forms the world of nature and is connected to scientific space and time, and the other is the product of immediate perceptional space and time, from which the world of myth and aesthetics appears. Thus, Cassirer expanded the scope of “pure” synthesis. The second argument is that Cassirer specified a priori synthesis and pure intuition as a functional concept. The functional concept belongs to the model of concept as-relation that Cassirer has elaborated. It includes moments that are separated and united simultaneously. This definition of concept breaks the rules of consistency. The concept of as-relation justifies the contradictory characteristics of a priori synthesis and pure intuition, which include both the combination of moments in a synthesizing act and the initial unity of intuition. (shrink)

This paper argues that the plethora of experiments with decentralized social technologies (DSTs)—clusters of which are sometimes called “the Web 3.0 ecosystem” or “the Fediverse”—have brought us to a constitutional moment. These technologies enable radical innovations in social, economic, and political institutions and practices, with the potential to support transformative approaches to political economy. They demand governance innovation. The paper develops a framework of prudent vigilance for making ethical choices in this space that help to both grasp positive opportunities (...) for transformation and avoid the potentially problematic consequences. Most of our specific examples and concerns come from the blockchain/Web3 universe, as this has received the greatest investment, attention, and adoption to date. However, we aim to offer a framework for governance decision-making in conditions of uncertainty that applies more broadly to other DSTs. Specifically, under the framework of prudent vigilance, we propose a pragmatic, democratic, and pluralist approach to navigating bold experimentation with social practices and political economy enabled by these technologies. Our overarching goal is to provide a framework open to transformative improvement and constrained by guardrails and guiding values supportive of democracy, freedom, and pluralism. We take a relatively strong position, rather than simply laying out ethical issues and potential approaches. We seek to be provocative in order to spur further work and hope this paper will serve as a first bridge between academic philosophy and the DST community, which have hardly interacted to date. (shrink)

The paper addresses the problem, which quantum mechanics resolves in fact. Its viewpoint suggests that the crucial link of time and its course is omitted in understanding the problem. The common interpretation underlain by the history of quantum mechanics sees discreteness only on the Plank scale, which is transformed into continuity and even smoothness on the macroscopic scale. That approach is fraught with a series of seeming paradoxes. It suggests that the present mathematical formalism of quantum mechanics is only partly (...) relevant to its problem, which is ostensibly known. The paper accepts just the opposite: The mathematical solution is absolute relevant and serves as an axiomatic base, from which the real and yet hidden problem is deduced. Wave-particle duality, Hilbert space, both probabilistic and many-worlds interpretations of quantum mechanics, quantum information, and the Schrödinger equation are included in that base. The Schrödinger equation is understood as a generalization of the law of energy conservation to past, present, and future moments of time. The deduced real problem of quantum mechanics is: “What is the universal law describing the course of time in any physical change therefore including any mechanical motion?”. (shrink)

The philosophy of mind concerns much about how novelty occurs in the world. The very recent progress in this field inspired by quantum mechanics indicates that symmetry restoration occurs in the mind at the moment when new creative thought arises. Symmetry restoration denotes the moment when one’s cognition leaves ordinary internalized mental schemes such as conceptual categories, heuristics, subjective theories, conventional thinking, or expectations. At this moment, fundamentally new, original thought may arise. We also predict that in older age, symmetry (...) restoration is less likely to occur as internalized mental schemes become more rigid in the elderly. Furthermore, the present study demonstrates that symmetry restoration may occur not only individually, in one’s mind, but also collectively, during collaborative creative activities, e.g. during small-group brainstorming sessions or creative improvisational performances. The possibility of collective symmetry restoration interacts well with the ideas in the field of relational ontology. Relational ontology highlights an important ontological role of relations. The ontological primacy is not given to individual entities, as in traditional metaphysics, but to relational structures and transformative relational processes (interactions). When accepting this assumption, we cannot imagine the situation when the actor’s mind could act absolutely independently and leave all of its relations as assumed in the compatibilist theory of free will. We argue that creative free action can be performed even in the case when the actor is entangled within their material, environmental, and social relational structures. (shrink)

Did the pragmatic turn encompass the linguistic turn in the history of philosophy? Or was the linguistic turn a turn away from pragmatism? Some commentators identify the so-called “eclipse” of pragmatism by analytic philosophy, especially during the Cold War era, as a turn away from pragmatist thinking. However, the historical evidence suggests that this narrative is little more than a myth. Pragmatism persisted, transforming into a more analytic variety under the influence of Quine and Putnam and, more recently, a continental (...) version in the hands of Richard Rorty and Cornel West. In this paper, I argue that proof of the linguistic turn’s presence as a moment in a broader pragmatic turn in philosophy can be garnered from close examination of a single article, W. V. O. Quine’s “Two Dogmas of Empiricism,” and a single issue: whether the analytic-synthetic distinction is philosophically defensible. (shrink)

Jason Springs’s Healthy Conflict in Contemporary American Society is a masterful attempt to practice productive conflict and democratic dialogue in the face of static antagonisms and deep‐seated divisions. In my response, I underscore Springs’s insistence on mediating between the moral imagination of Richard Rorty and the prophetic critique of Cornel West. For the author of Healthy Conflict, any hope in the survival of democracy relies on balancing critique of domination with constructive proposals for a more just and equitable world. On (...) the one hand, Springs rejects any strong distinction between moral imagination and socio‐political critique; in fact, he argues for their intertwinement, especially in the work of West. At the same time, there are moments when he suggests an opposition between expanding the moral imagination and engaging in the critical enterprise, especially as he identifies the limits in Foucault regarding normativity and democratic struggle. I respond to this slippage by arguing that Foucault, and critical theory more broadly, open up possibilities for rethinking ethics, politics, and our relationship to the violence that sustains the order of things. (shrink)

This article focuses on the distinction between psychosocial types and conceptual personae advanced by Gilles Deleuze and Félix Guattari in What is Philosophy? The conceptual persona is the tool that a philosopher invents in order to create new concepts with which to bring forth new events. Although they present it as one of the three elements of philosophy, its nature and function and, above all, its conjunctions with psychosocial types have been overlooked by scholars. What is Philosophy? contains a list (...) of character traits of which each conceptual persona is composed. The central argument of this article is that this list can well be regarded as a table of categories that enable the exercise and experience of philosophy’s creative thinking. Since the character traits of a conceptual persona match the characteristics of the given psychosocial types, it is necessary to keep inventing new conceptual personae always starting from the historical presuppositions. The philosopher requires the conceptual persona to transfer his or her movements of thought to philosophy’s plane of immanence and thereby transform them in such a manner that philosophy can unfold as a creative power. It emerges as the subject of creative thinking at the same time as the concepts that subject creates, with which it coincides in the moment of creation. With the conceptual persona in What is Philosophy?, Deleuze and Guattari determine the one element of philosophy that makes the transcendental empiricism a method of creation that appears as a precise operation with all its convincing and transparent results. (shrink)

The term prohairesis has a long history; its usage is crucial for the development and understanding of basic ethical and anthropological assumptions in ancient Hellenic philosophy. In this article the author analyses the most important moments for the semantic transformation of this term, with particular reference to the implications of its usage in Byzantine theological and philosophical heritage, with the ultimate expression in work of St Maximus the Confessor and his christological synthesis. The equation between the terms prohairesis and (...) gnome and their separation from the authentic human nature, as well as the usage of the term thelesis for the original „human will“, represents the thorough revision of the antique philosophical heritage which could be compared with the distinction of the terms ousia and hypostasis by Cappadocian Fathers. In this article the author will show the extent to which and the way in which Byzantine theological and philosophical thought adopted and transformed its own Hellenic heritage. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

Ethics education in post-graduate philosophy departments and professional schools involves disciplinary knowledge and textual analysis but is mostly unconcerned with the ethical lives of students. Ethics or values education below college aims at shaping students’ ethical beliefs and conduct but lacks philosophical depth and methods of value inquiry. The «values transmission» approach to values education does not provide the opportunity for students to express doubt or criticism of the proffered values, or to practice ethical inquiry. The «inquiry» approach to values (...) education recognizes the need and the capacity of young people to grapple with moral ambiguity and pluralism, to confront their own moral doubts, to criticize conventional norms and to engage in ethical inquiry. Values clarification, critical thinking and Philosophy for Children are inquiry approaches to values education, with important differences. Five wisdom practices common among early Greek and Roman philosophical schools should inform ethics education at all levels. First, philosophy was understood as the disciplined study and practice of living well. Second, knowledge and discursive thinking played a limited role in relation to the life worth living. Third, these schools taught certain contemplative or «spiritual» exercises, including meditation, examination of one’s conscience, fraternal correction, contemplation of the cosmos, practicing present-moment awareness and reflection on death. Fourth, many of these schools established philosophical communities that practiced collaborative research, dialogue, mutual correction, and the cultivation of philosophical friendship. Fifth, the primary aim of intellectual and contemplative practices in these schools was self-transformation, from states of confusion, restlessness, egotism, and craving, to states of temperance, compassion, and tranquility. (shrink)

It might sound rather convincing to assume that we owe the pleasure of reading the novel form to our elemental repository of physical perception, to our feelings. This would be true only if mere feelings could add up to something more than just emotions, to some deep understanding of the human. After all, a moment of epiphany, where we begin to realize things that dramatically disturb our normal state of mind, is not just emotional, nor indeed a simple moment. Despite (...) its root in the corporeal, a mo(ve)ment of affective realization reaches beyond the realm of the human and opens up the plane of virtual potentials. In this work, we intend to map out the points and relations of affective singularity that pervade the narrative of Toni Morrison’s Sula (1973). Also, we will discuss how these mo(ve)ments of sensation give form to Sula’s and Nel’s experiences and contribute to an affective transformation in morality and friendship. (shrink)

This article evaluates Furio Jesi’s conception of mythic violence, focusing in particular on his theory of revolt as a mode of collective experience qualitatively distinct from that of revolution. Jesi offers both a descriptive phenomenology of how uprisings alter the human experience of time and action, as well as a critique of the “autonomy” these moments afford their participants. In spite of their immense transformative power to interrupt historical time and generate alternate forms of collective subjectivation, the event-like (...) structure of revolt also harbors within it a unique set of dangers. Such creative mutations risk trapping political actors within a relational logic of the exception, a “ban” structure that, although distinct from the atomization that governs normal time, ultimately works to reinforce it in the long run. The article concludes by suggesting that Jesi’s late concept of the “cruel festival” offers a troubling premonition of our current era, in which revolts proliferate in the absence of any ideological horizon of revolution. (shrink)

In this essay I take up Plato’s critique of poetry, which has little to do with epistemology and representational imitation, but rather the powerful effects that poeticperformances can have on audiences, enthralling them with vivid image-worlds and blocking the powers of critical reflection. By focusing on the perceived psychological dangers of poetry in performance and reception, I want to suggest that Plato’s critique was caught up in the larger story of momentous shifts in the Greek world, turning on the rise (...) of literacy and its far-reaching effects in modifying the original and persisting oral character of Greek culture. The story of Plato’s Republic in certain ways suggests something essential for comprehending the development of philosophy in Greece (and in any culture, I would add): that philosophy, as we understand it, would not have been possible apart from the skills and mental transformations stemming from education in reading and writing; and that primary features of oral language and practice were a significant barrier to the development of philosophical rationality (and also a worthy competitor for cultural status and authority). Accordingly, I go on to argue that the critique of writing in the Phaedrus is neither a defense or orality per se, nor a dismissal of writing, but rather a defense of a literate soul over against orality and the indiscriminate exposure of written texts to unworthy readers. (shrink)

Perhaps no other novel has received as much attention from moral philosophers as South African writer J. M. Coetzee’s Disgrace . The novel is ethically compelling and yet no moral theory explains its force. Despite clear Kantian moments, neither rationalism nor self-respect can account for the strange ethical task that the protagonist sets for himself. Calling himself the dog man, like the ancient Cynics, this shamelessly cynical protagonist takes his cues for ethics not from humans but from animals. He (...) does not however claim much in the way of empathy or understanding of animals, and his own odd motives remain a puzzle throughout the stages of his ethical transformation. Many scholars approach Coetzee’s text through an ethics of alterity, and even argue that Disgrace is exemplary in this regard. Kristeva’s rendition of alterity ethics brings us close to the novel’s vision, and yet the novel points towards a more primordial basis for ethics in the search for meaning through the human encounter with other animal species. (shrink)

Heidegger’s analysis of the use of tools under the rubric of the ready to hand , or handiness, introduced in the first division of Being and Time, has been an important influence on Lee Braver’s thinking. Braver reads Heidegger’s ready to hand alongside the later Wittgenstein’s language games as articulations of a mode of creativity he describes as absorbed, engaged coping. This mode is both more immediate and more fundamental than representational, conceptual thinking. In this paper, I compare Heidegger’s account (...) of the ready to hand with Braver’s model of engaged coping. My contention is that Heidegger’s radically temporal understanding of the gesture of the ideal, the empirical and their relation differs significantly from Braver’s existentialist reading of him. The latter’s analysis of mindful and mindless coping falls within the orbit of the metaphysical epoch Heidegger called the age of the world picture. This causes Braver to misread Heidegger’s concept of world projection as the formation of worldviews. As a consequence, Braver understands sameness and otherness, mindfulness and mindlessness in such a way as to reverse the roles concepts such as conspicuousness and inconspicuousness, concealment and unconcealment play in Heidegger’s texts. Whereas when Braver studies the machinations of technology or the conformity of Das Man, he sees only the exclusion of alterity and subversive becoming, Heidegger sees a privative, dimmed down mode of understanding that nevertheless enacts self-transformative movement every moment. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

In this article, I draw on Adorno's concept of the non-identical in conjunction with Lacan's concept of the Real to propose a "theoretical outline of the subject" as central for feminist political theorizing. A theoretical outline of the subject recognizes the limits of theorizing, the moment where meaning fails, and we are confronted with the impossibility of grasping the subject entirely. At the same time, it insists on the importance of a coherent subject to effect transformations in the sociopolitical sphere. (...) Since the non-identical is more grounded in the material world than the Real, and the Real allows us more than the non-identical to grasp the anxieties and desires that lead to totalizing theories, a complementary Adornian-Lacanian theoretical framework holds a central promise for feminist political theorizing. (shrink)

Im Artikel wird der Paradigmenwechsel analysiert, der sich mit der Betonung des Subjekts im Erkenntnisprozess durch die Transzendentalphilosophie ergab. Mit der Anwendung des Organismusbegriffs von Kant entwickelte Fichte das Schema selbstorganisierender evolutionärer Veränderung. Die Erkenntnis gegesätzlicher Momente avanciert zum Mittelpunkt der Wesenserkenntnis, indem sie diese als die bewegende Ursache der Transformation erkennt. -/- The article analyzes the paradigm shift that resulted from transcendental philosophy's emphasis on the subject in the process of cognition. Using Kant's concept of the organism, Fichte developed (...) the scheme of self-organizing evolutionary change. The recognition of opposite moments advances to the center of the essence recognition by recognizing them as the moving cause of the transformation. (shrink)

In Chapter 1 I discuss the basic problem which made me undertake the issue of human death. That problem was the dualism in the depiction of human nature which has not been fully overcome yet, the dualism which leads to the emergence of new difficulties in contemporary attempts at adequately solving the problem of human death. They include the separation of soul from the body in the moment of death, and the borderline between the moment of death and the moment (...) of resurrection. Chapter 2 is devoted to the presentation of a new anthropological perspective, of an anthropology build “from the bottom up”, that is “from foundations”, and taking into account man’s rooting in the biological environment, and thus also in the genetic heritage taken over from our pre-human ancestors. That anthropology brings new aspects into traditional anthropology by extending it to include new ways of explaining the genesis of the human body and spirit, and new depictions of man’s death. In Chapter 2 I will also present the concept of evolution proposed by P.T. de Chardin, which I appreciate for its comprehensive evolutionary perception of the world. This concept has provoked various responses, but it certainly provides a creative inspiration for further attempts at applying the idea of evolution to various issues. The general framework of the evolutionary model proposed by the French researcher turns out to be useful also when applied to the evolutionary understanding of human death. Chapter 3 contains a discussion of the principal premises of the evolutionary concept of human death taken from analyses carried out by T. Wojciechowski concerning the issue of time, space, and the structure of variable material beings. A being is variable because it has a temporal structure, and the changes that occur are the derivatives of that structure. The temporal structure may be seen as endless, in which a being, even though its existence had a beginning, will exist for ever. Material substance should not be seen statically, but in dynamic and evolutionary terms. In evolution, time becomes a driver of development, an element shaping and directing the evolution of the entire cosmos. Man’s substance has been made capable of two levels of being and acting: the spatial and temporal level, and the endless and immanent level. Together, they form the one essence of man. Thus, the human person is partially immersed in the material cosmos, and partially elevated above it. Chapter 4 presents the evolutionary approach to the moment of man’s death. The views of T. Wojciechowski will be presented in which the moment of death is seen as a moment of transformation and perfection of the structure of the essence of human existence. Furthermore, the issue of the relationship existing, according to T. Wojciechowski, between man’s death and resurrection will be discussed. Understood in evolutionary terms, the moment of death is the time when the structure of human existence is transformed. Death transfers man fully into eternity and enables his life on a higher level of existential being. The element of flesh is retained, but changes its nature. Such view of death allows it to be understood as the moment of resurrection and the culmination of the evolutionary process of life. Death is therefore an “invention” of the evolution and should be seen as a natural and positive phenomenon. At this point, I also propose a solution to the question about reconciliation between temporal and endless existence. In Chapter 5 I take up the issue of consequences flowing from the postulated understanding of human death. They have been pointed to by T. Wojciechowski, but need to be further developed and clarified. He believed two lines in man’s development need to be recognized: that of natural and that of supernatural evolution. Both have the same direction, while occurring on different planes. In each of these lines, death is a natural element of life, pre-planned and, so to say, “encoded” in the cosmic matter. Therefore, the treatment of biological death as the consequence of sin is not only contrary to the evolutionary understanding of life, but in addition artificially combines that which is natural with that which is supernatural. Man’s authentic experience of his own present is a condition of his achieving full existential perfection in the moment of this death. Full engagement in the present is, in a way, a harbinger of the future; thus, the life “here” and “there” may not be inherently inconsistent. In the light of the evolutionary concept, death is not a punishment, but the most positive experience of man’s life in that it enables him to achieve full existential perfection. Chapter 6 is devoted to a substantiation of the possibility of evolutionary transformation of the structure of human existence in the moment of death. An adequate cause needs to be identified which could substantiate that transformation and achievement of perfection. I believe an appropriate substantiation can be found in God’s creative act, interpreted in evolutionary terms. The process of evolution, with its subsequent stages, is only a necessary condition for that “transformation” and “elevation”. The sufficient condition is fulfilled by the continuous creative intervention of God. The concept of God’s creative activity in the moment of man’s death finds its continuation in Chapter 7, where I present a detailed analysis of God’s activity at the time of man’s death. The concept of God’s creative activity extended over the entire process of evolution makes it possible to consider the moment of death as the moment of man’s resurrection. The moment of death is thus a moment of creation in evolutionary terms. Thus, as long as man is related to temporal and spatial elements, his development, or creation, continues. Death is only the completion of the final stage of creation, which may be painful and evoke fear, but in fact should give hope, for it involves resurrection. I also propose that the creative act in the moment of man’s death-resurrection be considered a basic action of God, which explains the manner in which God’s activity is contained within the framework of the creative act, encompassing also the moment of death-resurrection. The final Chapter 8 describes a didactic model illustrating the concept proposed here. I use the analogy of white light dispersion effect in the prism, and compare the incident ray to the creative act, and the dispersed rays going through the prism to the line of man’s natural and supernatural evolution. This model also shows the difference in the perspectives from which the phenomenon of death is seen by God and by man. (shrink)

Nous nous proposons dans cette intervention de structurer synchroniquement trois moments philosophiques d’origines differentes : l’intuition agissante chez Kitarō Nishida, la dialectique de la mediation absolue chez Hajime Tanabe et la philosophie de l’individuation chez Gilbert Simondon, dans un contexte de reflexion philosophique sur la nature de la vie humaine. Les trois moments semblent susceptibles de se croiser, se critiquer et se completer dans un terrain transductif au sens ou l’entend Simondon. C’est ce nouveau terrain que nous entendons (...) defricher afin d’ouvrir une perspective ou un individu humain se transforme en agent responsable d’un transhumanisme a travers le processus de l’individuation dynamique et transindividuelle, laquelle nous preparerait a l’emergence du posthumain dans un futur proche. (shrink)

It is the conclusion advanced in this paper that there is a necessary and sufficient causal relationship between theory of mind and the neurological creation of conscious and unconscious quantum logic existing in superposition in the human brain. It takes two intelligent agents to make one self-aware agent. -/- A key element of my reasoning is the instantiation of superposition by way of a logical device I call the “state-system.” The newly conscious human remains unaware of the inner transformation caused (...) by theory of mind because, unlike a change of state within a quantum system, a change in the system itself is unobservable from within the system. This hides the dual nature of human self-awareness and preserves superposition with the unconscious. Only the internal state of the other is observed to start. The simultaneous split creating consciousness and the unconscious is not observed. Further, once this superposition is observed, it is suggested that human consciousness achieves a new state that is the next step in the evolution of human experience; quantum interbeing. The result of quantum consciousness is the ability to perceive superposition without reducing it into one of its components, while maintaining the integrity of each. It also confirms freedom of choice. After learning to hold two ideas simultaneously, the mind experiences itself as free by virtue of its ability to choose sides in the moment of observation, eliminating the quantum firewall that is determinism. -/- We start by looking at four key scientific works: the 1978 Vernon Mountcastle paper, the Sebastian Schepis paper of 2023, and the recent work of Allan Schore, all resting upon the well-known foundational quantum mechanical interpretation of Carlo Rovelli. They are each connected in indirect but profound ways. In the Mountcastle, it is argued that intelligence is a matter of scale—an argument based on the uniform appearance of all functionally unique command centers in the neocortex, and of their universal constituents: cortical columns. In the Schepis, it is argued that consciousness is a quantum phenomenon that requires the existence of two intelligent agents in logical superposition. And in the work of Schore, the key direction in neuropsychological research is established as interpersonal neurobiology and—implicitly—theory of mind. -/- These works collectively support a path to quantum consciousness as the logical consequence of intelligence scaling. Its implications include the invalidation of the ontological basis of the science of physics. Physical existence is real, but only as a metaphor for quantum informational processes. In his seminal 1996 paper “Relational Quantum Mechanics” Carlo Rovelli laid down the bedrock upon which my conclusions rest. In it he proposes that the reader “consider a reformulation of quantum mechanics in terms of information theory.” He posits that physical objects are not real. Only interactions between nodes in the network of quantum information are fundamental. He thus nullifies the measurement problem in quantum mechanics and shifts its ontology from the physical to the informational. -/- This paper seeks to validate his proposal while establishing the logical inevitability of human quantum consciousness as a consequence of the diverse but convergent research cited here. (shrink)

This essay deals with the problem of religious transformation in Tanabe Hajime. In his Philosophy as Metanoetics, Tanabe examines this transformation through the relationship between vows of the Buddhas as described in the writings of the Pure Land Buddhist thinker Shinran. For Tanabe, each vow expresses a moment of the religious transformation. Furthermore,he argues against all possibility of immediacy in human existence and sets out to demonstrate that the meaning of existence is mediated by the transformation of self-power into Other-power, (...) wherein the drive to affirm the self is transformed into a radical return to the world in which the self becomes a medium for the salvation of others. This is where Tanabe locates the deepest power of nothingness: in negating every effort of the self to ground itself and to make human being an upāya, a skillful means to a greater end. This is possible, in turn, because being itself, in all its manifestations, is upāya. (shrink)

Twenty two years since the arrival of the first consumer digital camera (Tatsuno 36) Western culture is now characterised by ubiquitous photography. The disappearance of the camera inside the mobile phone has ensured that even the most banal moments of the day can become a point of photographic reverie, potentially shared instantly. Supported by the increased affordability of computers, digital storage and access to broadband, consumers are provided with new opportunities for the capture and transmission of images, particularly online (...) where snapshot photography is being transformed from an individual to a communal activity. As the digital image proliferates online and becomes increasingly delivered via networks, numerous practices emerge surrounding the image’s transmission, encoding, ordering and reception. Informing these practices is a growing cultural shift towards a conception of the Internet as a platform for sharing and collaboration, supported by a mosaic of technologies termed Web 2.0. (shrink)

Bruno Latour has been attempting to transform his sociological account of science into an ambitious theory of democracy. In a key early moment in this project, Latour alleges that Plato’s Gorgias introduces an impossibly ratio-nalistic and deeply anti-democratic philosophy which continues to this day to distort our understandings of science and democracy. Latour reckons that if he can successfully refute the Gorgias , then he will have opened up a space in which to authorize his own theory of democracy. I (...) argue that Latour’s refutation of the Gorgias is a failure. Hence, his political theory is, by his own standards, horribly underdetermined. I present another reading of the Gorgias , and consider the dialogue’s possible relevance for current theories of deliberative democracy. Key Words: Latour • Gorgias • Socrates • rhetoric • elenchus • deliberative democracy. (shrink)

It is often thought the relativity of simultaneity is inconsistent with presentism. This would be troubling as it conflicts with common sense and—arguably—the empirical data. This note gives a novel fragmentalist-presentist theory that allows for the (non-trivial) relativity of simultaneity. A detailed account of the canonical moving train argument is considered. Alice, standing at the train station, forms her own ontological fragment, in which Bob’s frame of reference, given by the moving train, is modified by the Lorentz transformations. On the (...) other hand, Bob, in the train, forms his own ontological fragment from which Alice’s space and time are modified by the corresponding Lorentz transformations. Each fragment accommodates a unique present moment but does not contain information about the unique present moment of another fragment. This allows for a ‘universal’ present moment that extends throughout space, but only from the perspective of each fragment. The relativity of simultaneity is, as it were, ‘relativised’ to each fragment. This is related to the idea that, roughly speaking, the time of relativity is McTaggart’s (1908) B-series (earlier times to later times) and the time of quantum mechanics is a (fragmentalist) A-series (future/present/past), where these two related series characterize one dimension of time. (shrink)

Herein, I review the shattering moment in my life when I awoke from the dream of self to find being as part of the living world and not in my head, discovering my perspectival center to be literally everywhere. Since awakening to the world takes one beyond thought and language thus also beyond the symbolic construction of time, it is strange to place this event and its aftermath as happening long ago in my life. It is forever present. This fact (...) puts into question the reality of my daily journey from dawn to dusk with all the mundane tasks I must complete. My linear march into aging and death inexorably continues, yet it seems somehow unreal, worth a smile as the inevitable changes ensue. Still, I write of the events leading up to my time out of mind and then review the serious repercussions that followed when I was drawn back into ego only to find I did not have the conceptual tools or the maturity to understand what had occurred. I close by looking back with theories that might explain what happened. I am now ready to allow the memory to sink into peaceful oblivion and reference it from within my mind no more. Ironically, the memory itself with its façade of knowledge may prevent me from a new, unexpected mystical experience. Only by forgetting can I hope to leave a crack in the verbal armament of self, so the world soul may break through and free me once again. (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)

The 1970s Wages Against Housework (WAH) movement has much to offer as we form a “new normal” for life and work within the Covid-19 pandemic. WAH feminist philosophers Mariarosa Dalla Costa, Selma James, and Silvia Federici, as well as WAH critic Angela Davis outline the ways in which the housewife functions as a laborer within capitalist accumulation, as her duties to care for the home and rear the children generate the possibility of the husband to labor outside the home. This (...) role of the housewife in Dalla Costa and James’ “social factory” parallels the work of teachers and the chorus of demands to “return to the classroom” that were placed on teachers in the early stages of the Covid-19 pandemic. Highlighting these parallels, the argument of this essay is simple: Covid-19 has visibilized the underpaid and unpaid labor of teachers. We ought to engage this moment of visibilization to demand transformative change to the teaching profession. Due to the parallels between WAH's “housewife” and teachers, we have much to learn from WAH theorizing as we demand those transformative changes, especially now as we solidify our “new normal” more than two years since the Covid-19 pandemic began. (shrink)

Presby raises an important criticism of Oruka; she notes that in his critique of Tempels and Mbiti, he assumes, without providing adequate evidence, that myths and the traditions which transmit them are static and that, consequently, they lack the openness to criticism and transformation that characterizes genuine philosophical discourse. Presby responds that ‘those who study oral traditions or ritual practices will note that traditions are always changing, even when people think they are merely reproducing them’ (108). However, one can defend (...) Oruka by pointing out that there is a vast difference between an intellectual tradition whose adherents are aware of the fact that it is constantly changing based on a dialectic characterized by arguments, objections to arguments, and responses to objections on the one hand, and on the other hand, an intellectual tradition that is changing but whose adherents at any given moment are unaware of the fact that this intellectual tradition is subjected to change. In the latter case, individuals are likely to think of criticism as a futile activity and perhaps as unnecessary given the fact that this tradition has proved to be functionally adequate for that society’s requirements, and they would be unaware of the fact that this tradition has maintained its functional adequacy precisely because it has changed as a function of time. (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

Throughout Herman Hesse's "Demian," the strategic use of verbal irony is a powerful tool to shed light on Sinclair's arduous journey in navigating his immaturity and eventual growth. Sinclair's initial hesitancy to confront his callowness is evident as he cautiously explores his evolving sense of self through interactions with friends and family. He often cloaks his true feelings in indirect speech, avoiding confrontations with the consequences of his immaturity. As Sinclair matures, he finds himself straddling the delicate balance between the (...) security of his familial cocoon and the intimidating outside world. He grapples with the fear that speaking his unfiltered thoughts and facing the repercussions might jeopardize the comfort of his closest relationships, guiding him on his path. Despite his awareness of the existential loneliness and isolation that awaits him beyond these relationships, he yearns for personal growth, even if it entails enduring solitude and pain. The use of verbal irony plays a pivotal role in illuminating the gradual transformation Sinclair undergoes as he shifts from callousness to a budding acceptance of his existential reality, ultimately coming to terms with his true self. This transformation is evident in moments such as when Demian chastises him for attempting to offer money to Kromer, when he grapples with the guilt of hurting Pistorius, and when his father confronts him during his time at the boarding school. (shrink)

In the eyes of the biologist Jacques Monod, Bergson is “the most illustrious promoter of a metaphysical vitalism” revolting against rationality. This interpretation, not exclusive to Monod, is often accompanied by the accusation that Bergson’s vitalism would be teleological, and maybe even mystical – this last idea being reinforced by the success that Bergson receives among the spiritualists. This understanding of Bergsonian philosophy led to his disrepute among scientists. Even today, despite the renewed interest in Bergson’s reflections on science, he (...) is not considered a philosopher of science. And the popular (textbook) opinion is still that his élan vital is a spiritual principle at the origin of all living things and even of all reality: Bergson is considered a vitalist using biology to develop a spiritualist metaphysics, which makes him acceptable to philosophers but not to scientists. Yet, Bergson’s position is ambiguous. Even though he criticises the intellectualist paradigm of science, which he claims is unable to comprehend the living, and proposes a form of vitalism, the philosophy of Creative Evolution may be regarded as a true philosophy of biology. However, some texts make the status of his vitalism problematic, such as The Two Sources of Morality and Religion, in which the élan vital is integrated into a reflection on the divine. The aim of this paper is to disentangle what, in Bergson, can or cannot be considered as a philosophy relevant to science, by trying to clarify the label ‘vitalist’ that has so commonly been assigned to him, often pejoratively. This will involve examining the link between his vitalism and the spiritualism he has been credited with. Contrary to Olivier Perru who has proposed an excellent analysis of Bergson’s vitalism but focusing only on Creative Evolution, I will study his different works, to show that Bergson’s position shifts according to the subjects under study: before Creative Evolution, Bergson develops a form of spiritualism; in Creative Evolution, he proposes a form of vitalism that may not be clearly related to his spiritualism; finally, I argue that, in The Two Sources, the distinction is not so clear and that his vitalism itself may indeed become spiritualist. His spiritualism transforms according to his works and the meaning of his vitalism changes in return. I hypothesise that Bergson is a vitalist-opportunist: there are several forms of vitalism Bergson, that have neither the same ontological status nor the same function, according to the purpose of the moment. This is not to say that Bergson changes his theory completely. (shrink)

Natural systems are categorized according to their structural and dynamical similarities. A two-dimensional schema is proposed as a kind of "periodic table" of natural systems. Six of eight levels in this schema serve as sources of analogies, two levels are the targets of analogical reasoning. The source domains are the atomic, molecular, macromolecular, micro-organismic, organismic and socio-cultural systems and processes. One of the target domains discussed in the article is the level of subatomic particles. The other target domain, not discussed (...) in the article, could be the level of future supra-national systems. Three types of processes are identified occurring in natural systems: conservation, modification and transformation. Modifications allow a reversible adaptation of a system to environmental influences by changing its internal state. The entirety of all internal states defines the "state space" of the system. Similarities of state spaces between systems of six levels are investigated. A dual-space picture of natural systems can be defined on six levels, the source domains of analogical reasoning. On the subatomic level, space-time is identified as part of the state space of subatomic particles. However, space-time needs a completion by an additional state space in order to obtain a dual-space picture also for subatomic particles. A "basic space" is proposed, so that subatomic particles exist simultaneously in space-time and in basic space. The basic space is assumed to be a circular space, where masses and charges circulate force-free and generate the spin and the magnetic moment of particles. A presumption about the existence of hypothetical matter not detectable in space-time is derived. Such primitive forms of matter could exist in basic space only and represent the dark matter. (shrink)

The paper attempts to describe a kind of transformation of the way we represent the world in the digital age. Starting from the definition of a precise meaning of “the term "digital", a conceptualisation of digital representation is proposed based on some moments of Immanuel Kant’s thought and concluded with some current reflections.

Writers endorsing a general account of meaning as non-recuperable or non-coincidental from one instantiation to the next may nonetheless treat the heterogeneous contacts between instants of experience as transformations of fleeting forms, states, logics, structures, outlines, surfaces, presences, organizations, patterns, procedures, frames, standpoints. When thought as pattern, the structural- ranscendental moment of eventness upholds a certain logic of internal relation; the elements of the configuration mutually signify each other and the structure presents itself as a fleeting identity, a gathered field. (...) The particularity of eventness is not allowed to split the presumed (temporary) identity of the internal configuration that defines the structure as structure. History would be the endless reframing of a frame, the infinite shifting from paradigm to paradigm. Heidegger and Derrida argue instead that In their essence, Beings don’t HAVE structure or constitution. There is no such THING as a form, a structure, a state. There is no trans-formation but rather a trans-differentiation, (transformation without form, articulation as dislocation) What is being transcended is not form but difference. (shrink)