The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of (...) exploitation. The Act instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)

The Law Society recently published a practice note titled 'Prosecutions of victims of trafficking'. This practice note comes many years after many lawyers had highlighted the problem and after the government machinery had chuntered into action and passed the UK Modern Slavery Act 2015 with explanatory notes and non-statutory guidelines for corporations. Since 2012 there had been issued warnings about the way defence lawyers, the Crown Prosecution Service and the UK police were dealing with trafficking and the (...) Criminal Cases Review Commission as far back as 2012 had note the severe failings by defence solicitors, prosecution and police, leading to many appeals and potential miscarriages of justice. Even in 2012 there were 946 known human trafficking victims, including 234 children. There was an attempt at a Human Trafficking Bill in 2010 which came to a halt and several reports including one by the Prison Reform Trust and Cambridge University Press, notwithstanding many books by notable academics for many years before today. This article examines the inadequacies of the Law Society practice note on defending victims and the jumble of high-ideals but short-sighted and impractical parts of the UK Modern Slavery Act 2015. (shrink)

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

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

Hans Jonas’ “philosophical biology,” although developed several decades ago, is still fundamental to the contemporary reflection upon the meaning of life in a systems thinking perspective. Jonas, in fact, closely examines the reasons of modern science, and especially of Wiener’s Cybernetics and Bertalanffy’s General System Theory, and at the same time points out their basic limits, such as their having a reductionistic attitude to knowledge and ontology. In particular, the philosopher highlights the problematic consequences of scientific reductionism for human (...) nature. As the final result of an overall process of naturalization, the essence of the human being is reduced to its quantitative features only, while the “meaning” of life as such becomes no different from the “fact” of its material consistency. However, the problem is that by such a process, the human being is deprived of his specificity. (shrink)

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the reform of a conflict (...) between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

Frege’s distinction between force and sense is a central pillar of modern thinking about meaning. This is the idea that a self-standing utterance of a sentence S can be divided into two components. One is the proposition P that S’s linguistic meaning and context associates with it. The other is S’s illocutionary force. The force/sense distinction is associated with another thesis, the embedding principle, that implies that the only content that embeds in compound sentences is propositional content. We argue (...) that both the Force/Sense distinction and the principle of embedding are seriously challenged by figurative language, and irony in particular. We conclude that theorists need to go back to the drawing board about the nature of illocutionary acts. (shrink)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering (...) a wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today—particularly in America. Many contemporary libertarians and neo-Austrian economists represent the non-democratic strain in their promotion of non-democratic sovereign city-states (startup cities or charter cities). We will take the late James M. Buchanan as a representative of the democratic strain of classical liberalism. Since the (...) fundamental norm of classical liberalism is consent, we must start with the intellectual history of the voluntary slavery contract, the coverture marriage contract, and the voluntary non-democratic constitution (or pactum subjectionis). Next we recover the theory of inalienable rights that descends from the Reformation doctrine of the inalienability of conscience through the Enlightenment (e.g., Spinoza and Hutcheson) in the abolitionist and democratic movements. Consent-based governments divide into those based on the subjects' alienation of power to a sovereign and those based on the citizens' delegation of power to representatives. Inalienable rights theory rules out that alienation in favor of delegation, so the citizens remain the ultimate principals and the form of government is democratic. Thus the argument concludes in agreement with Buchanan that the classical liberal endorsement of sovereign individuals acting in the marketplace generalizes to the joint action of individuals as the principals in their own organizations. (shrink)

The research on social science eventually comes through any meaning about the human and society. Its message is directed to the society and the principal object of research would be its components, generally research participants or samples in terms of research method. As for nature, it is per se obvious that humans or populace act on various factors to influence their decision. This complex nature of human strands generally prevail that the multivariate analysis is an usual challenge for the social (...) science researchers. For example, the researchers may like to know the relationship of special training on math and achievement of math score. He or she may apply a multivariate analysis from several variables, in which one may be controlled and pretest or post test will be administered. So he groups two classes in test and for a longitudinal study over one semester between the specially trained students and normal class. Then he adds one other variable of family income level that he supposes one important factor to affect the achievement of student in math subject. This would be quantitatively answered by applying a multivariate test, called specifically as factoral ANOVA. The simple ANOVA test may be dosed in several times to understand more a complex interaction or control among the variables. Nevertheless, it has the weakness that unnecessary time and effort would be consumed. Additionally, MANOVA or other multivariate analysis of data would lead us to the more intense and precise result when the variables in consideration all interact to affect the outcome variables. It can be made distinct from mere aggregation of each result from one way ANOVA or univariate and bivariate analysis. Like these, in various ways. the quantitative studies are used to find the scientific truth. Through the Quantitative Reasoning and Analysis (QRA), we could achieve much progress which would be helpful to accelerate the interest and skills in the empirical studies. Most of all, the studies in concern of quantitative method might be a leapfrog for one, who fears of the difficult quantitative skills of analysis. Many of researchers may be fragile since the math courses in the high school and one pass in the college days are all we may have experienced. It is challenging also because the days might be far gone of middle age. For this reason, it never is a puffery that we would fear of quantitative skills. I hope that this paper could be a small help to adapt with the quantitative paradigm. Additionally, it would be great to realize that the quantitative reasoning is fairly powerful and very persuasive to frame a scientific message not only for the peer professionals, but also for lay world. We don’t have to cite the belief of empiricists and its modern evolution backed up by the mathematicians and statisticians. The benefit from this research method is obvious from many realities. The SPSS program facilitates to save from the difficult hand-on works in the earlier quantitative research. The empirical studies, particularly in the sphere of quantitative studies, typically are related with a mass of survey experiment which flavors the kind of political engraft with the research circle. (shrink)

After the discoveries of such scholars as J. H. Poincaré, E. N. Lorenz, I. Prigogine, etc. the term ‘chaos’ is used actively by representatives of various scientific fields; however, one important aspect remains uninvestigated: which attitude one should have toward chaotic phenomena. This is a philosophical question and my dissertation aims to find the answer in the history of philosophy, where chaos theme has had its investigators from ancient philosophy to the philosophical theories of the 21st century. My dissertation is (...) based on the idea that sciences and philosophy can achieve significant success in exploring chaos theme when their efforts are combined. This dissertation research is designed to help in the planning of conscious, rational actions towards chaotic phenomena, since it is aimed at exploration and systematic presentation, as well as comprehension of possible systems of such actions – philosophical strategies for interacting with chaos. -/- Results of the dissertation are the following. I reveal, reconstruct, and explain the content of six possible strategies for interacting with chaos that were worked out in history of philosophical thought: ordering, avoiding, transfiguring, preventing, controlling, and integrating. I argue that the first philosophical strategies for interacting with chaos were worked out in the 19th century by German philosophers K. W. F. Schlegel and F. W. Nietzsche on the basis of their rethinking the ideas which were expressed by different thinkers during classical antiquity, the Middle Ages, and the modern period. I show that ideas of strategic views towards chaos were also elaborated by such 20th-century thinkers as H. Rickert, N. Berdyaev, I. Prigogine, H. Haken, G. Deleuze, Q. Meillassoux, and others. I outline the main stages of the evolution of philosophical strategies for interacting with chaos as well as its regularities. The dissertation shows perspectives of further development of each one of the six strategies for interacting with chaos. -/- In contemporary scientific and philosophical research on chaos, my exploration contributes to the new approach to improving the understanding of aims of acts towards chaotic phenomena. I think that knowing a range of different strategic views of chaos help researchers of chaotic phenomena to choose the most appropriate and rational reactions. In the area of history of philosophy, my research contributes detailed data about development and conceptual transformations of the notion of ‘chaos’ through all periods of Western philosophy. -/- The dissertation consists of five chapters: 1) Literature Review, Methodology and Key Research Terms, 2) Ancient and Medieval Philosophical Ideas about Chaos, 3) Genesis of the First Strategies for Interacting with Chaos, 4) Strategies for Interacting with Chaos in the 20th and 21st Centuries, 5) Regularities and Prospects of the Development of Philosophical Strategies for Interacting with Chaos. In the first chapter I analyze more than five hundred books, articles, and other philosophical and scientific sources in which the chaos theme is raised. I also argue the necessity of applying methods such as analysis, the structural method, the hermeneutic method of interpretation, and the comparative method in my dissertation research. Moreover, in this chapter, I define key terms for my dissertation – ‘chaos’ and ‘philosophical strategies for interacting with chaos.’ -/- Then, in the next chapter, I analyze the appearance and development of Ancient and Medieval philosophical ideas about chaotic phenomena and order. Particularly, I explore thoughts of philosophers such as Anaxagoras, Anaximander, Heraclitus, Empedocles, Plato, Aristotle, Augustine of Hippo, Bernard Silvestris, Ramon Llull, etc. In this chapter I also compare the first Western ideas about chaos with similar thoughts from Eastern philosophy, analyzing Indian and Chinese philosophical ideas about disorder. -/- In the third chapter I explore transformations in understanding the meaning of the term ‘chaos’ in philosophy from the 15th to the end of the 19th century. I analyze ideas about chaos and order from thinkers such as M. Ficino, Paracelsus, F. Bacon, P. Bayle, Voltaire, J. G. Herder, I. Kant, F. W. J. Schelling and other philosophers from the Renaissance, the Age of Enlightenment, and the German idealist period, showing that these thinkers’ new approaches to interpreting the notion of ‘chaos’ were the background for K. W. F. Schlegel’s and F. W. Nietzsche’s creations of the first strategies for interacting with chaos in the 19th century. I finish the chapter with detailed analysis of K. W. F. Schlegel’s strategy for transfiguring chaos and F. W. Nietzsche’s strategy for ordering chaos. -/- The development of philosophical strategies for interacting with chaos in the 20th and the beginning of the 21st century is the topic of the fourth chapter. I research new ideas about ordering chaos (H. Rickert) and transfiguring chaos (N. Berdyaev). Also, I reveal thoughts about avoiding chaos (A. Camus), preventing chaos (J. Ortega y Gasset), integrating chaos (G. Deleuze, Q. Meillassoux). Moreover, I analyze a philosophical component of the strategy for chaos control (I. Prigogine, H. Haken). In the final fifth chapter of the dissertation I trace the major features of philosophical strategies for interacting with chaos and find out the main conditions and periods of their development. Then I outline the prospects for the development of the philosophical strategies for interacting with chaos and show the most productive ways of their progress. (shrink)

This essay focuses on the logic of the aesthetic argument used in the eighteenth century as a conceptual tool for formulating the modern concept of “(fine) art(s).” The essay also examines the main developments in the history of the art of modernity which were initiated from the way the “nature” of art was conceived in early modern aesthetics. The author claims that the formulation of the “aesthetic nature” of art led to the process of the gradual disappearance of (...) all of the formal elements that had previously characterized the visual arts; the result was “emptiness” or “nothingness” as art. The author refers to this process in terms of “vanishing acts” that allow for the formulation of an aesthetics of absence in connection to twentieth-century art (complementing the Ästhetik der Absenz, formulated in German art theory). The author also briefly addresses the consequences that these processes have for the way contemporary art, and art world operate. (shrink)

I argue that, in one sense, collective wisdom can save civilization. But in a more important sense, collective wisdom should be understood as a form of civilization, as the result and expression of a moral civilizing-process that comes about through the creation and transmission of collective interpretations of human experience and human nature. Collective wisdom traditions function in this manner by providing an interpretation of what it means to be human and what thoughts, skills, and actions are required to live (...) a successful human life at the most general level of analysis. Collective wisdom can have a civilizing effect on individuals, and indirectly on societies, by providing a type of orienting framework for understanding the proper relationship between the self, others, and the world. Such traditions in effect provide a “blueprint” for the successful human life as such, by providing guidance on thought and action, on what is appropriate to think, feel, desire, and do in theoretical and practical contexts. A wise individual will be a 'civilized' individual in this moral sense, an individual who is properly habituated and educated so as to now reflectively endorse and desire thinking and acting in virtuous ways. However, this understanding of collective wisdom and civilization is in many ways today controversial and met with justified critiques and skeptical criticisms. To defend this way of approaching and answering our question against these critiques, I turn to ancient wisdom traditions from ancient India, China, and Greece as paradigms for understanding exactly how collective wisdom can achieve the end of civilizing humanity. Based on this analysis, I sketch the outlines of a revitalized ancient wisdom tradition able to civilize individuals today, but such a tradition must be updated to reflect the advancement of modern natural science and to meet the demands of living in our diverse, pluralistic, and globalized world. (shrink)

Jacques Derrida’s ‘Faith and Knowledge’ presents an account of the complex relationship between religion and technoscience that disrupts their traditional boundaries by uncovering both an irreducible faith at the heart of science and an irreducible mechanicity at the heart of religion. In this paper, I focus on the latter, arguing that emphases in Derrida’s text on both the ‘sources’ of religion and its interaction with modern technologies underemphasize the ways in which a general ‘mechanicity’ is present throughout religion. There (...) is no faith, I contend, that is not in some way materially constituted according to a mechanicity operative not only at its origin but continuously and in ever-changing forms, and not only in its interactions with other fields and institutions but within its own structure and daily life. By closely examining ‘Faith and Knowledge’—along with examples from his essay ‘A Silkworm of One’s Own’ and Michael Naas’s Miracle and Machine—I argue that more attention should be paid to the mechanisms, both human and non-human, that populate and perform religion in its factical life. Mechanical bodies and practices are enlisted by religious traditions in order that these traditions continue to exist by continually reconstituting themselves in, for example, the repetitive use of religious objects or the vocal recitation of creeds. Such mechanical acts of religion are not ultimately opposed to the faithful experience that is often taken to be the wellspring of religious life; on the contrary, they are the conditions for the possibility of this experience. (shrink)

The ecological crisis demonstrates the inadequacy of current modes of thought to grasp the nature of reality and to act accordingly. A more sophisticated metaphysical system is necessary. Arran Gare, a prominent Australian philosopher, has produced such a system, which takes into account the post modern sciences of non-linear thermodynamics, quantum mechanics, and complexity theory. The present article promotes a cosmology based on Gare's metaphysics. In contrast to modern science, the postmodern account offered here will come to terms (...) with a world governed by indifference, which is the same indifference that Albert Camus describes as "absurd". Camus will be interpreted in light of Gare's metaphysics. (shrink)

A number of modern theologians have concluded that the rise of natural science makes it necessary to give up the idea that God acts in particular ways to affect the course of events in the world. I reply to this claim, taking up the challenge to explain what might be meant by a ”special’ act of God. There are several ways to conceive of such acts, including the possibility that God might determine what is left determinable in the structures (...) of nature, e.g., at the quantum level. I address objections to this view, and consider metaphysical puzzles that it presents. (shrink)

A dramatic problem facing the concept of the self is whether there is anything to make sense of. Despite the speculative view that there is an essential role for the perceiver in measurement, a physicalist view of reality currently seems to be ruling out the conditions of subjectivity required to keep the concept of the self. Eliminative materialism states this position explicitly. The doctrine holds that we have no objective grounds for attributing personhood to anyone, and can therefore dispense with (...) the concept. That implication would require us to dispense with many of the most basic commitments of our manifest or common sense image of the world. And it would require us to abandon, to maintain as an act of bad faith, or radically to adjust, virtually every significant basic commitment underlying the variety of traditions that have evolved historically from the (natural) platform of common sense. Daniel Dennett’s sympathies seem to be divided over this issue. He is reluctant to eliminate the most fundamental linguistic-conceptual-institutional commitments that have evolved from common sense. Yet, I will argue, the basis of his support for these, beneath the surface of his rhetoric, is a mirage. His view of persons and related (intentional) concepts is a case in point. In place of the eliminative materialist position, Dennett recommends that we regard the self as a highly useful “theorist’s fiction.” He adopts a similar epistemic stance toward intention, belief, mind, and so on. In this paper I aim to show that Dennett’s recommendation is based on a subtle version of the dualism of subject and object (or scheme and content), which he seems to agree that we should transcend. Against Dennett’s view of the self as a “theorist’s fiction,” I argue in favour of a version of Donald Davidson’s realist thesis that, once we properly appreciate the significance of abandoning this pervasive dualism, we can maintain the self and associated intentional items – belief, mind, and so on – within a thoroughly realist ontology. (shrink)

In the article ”Against Physicalism-plus-God: How Creation Accounts for Divine Action in the World’, I defined a framework which allows us to make some progress in our understanding of how God acts in the world. In the present article, I apply this framework to the specific question of chance events. I show that chance does not provide an explanation for special divine action. Nevertheless, chance does not hamper God’s ability to act in the world, and creation provides a framework for (...) the understanding of chance, which is akin to what we see in modern science. (shrink)

Nietzsche is absent from today’s growing debate on slavery past and present. In this article I argue that his views on the subject add a pertinent, if challenging, dimension to this wide-ranging discussion. Nietzsche’s analysis is capable of contributing to our understanding of this multifaceted phenomenon in a number of respects. I look at Nietzsche’s use of the controversial notions of slavery, understood both historically and in the context of modern society, to explore such central concerns of (...) political anthropology as the nature and role of leadership, and the questions of development and inequality. The key focus of Nietzsche’s examination concerns slavery as an enduring facet of human existence. He sees it becoming an important hallmark of the industrial culture as a barometer of modern society’s physiological well-being, as well as acting as the repository for its externalities. Nietzsche’s genealogical inquiry leads him to explore the psychological content of slavery and to conceptualise it in terms of human vulnerability, which increases susceptibility to exploitation. In these respects, Nietzsche’s views resonate with pertinence today and deserve closer critical attention and scrutiny – something Nietzsche would undoubtedly welcome. (shrink)

The choices we make in our daily lives have consequences that span the oceans: many consumers are not aware that some of the most exotic foods which belong to our breakfast plates every single day, such as coffee or chocolate, have a profound impact on the lives of many people. In Western societies, we are used to eating and consuming fresh ingredients which sprout on a different continent, yet we are unable to see the very hands that carry a simple (...) thing as a banana to our tables, as a consequence of a global supply chain. This alienation from the places and people involved in the supply chain leads consumers to ignore the impact of producing some foods and enabling them to travel all the way to one’s table. What is regarded as a simple commodity, in fact, is a result of the labour and exploitation of many families and crops on the other side of the ocean. Modern slavery comes in many guises and is often obscured by the alienation of modern consumers from their products, an example of which includes the slave system that holds many people tied behind our food chains. As consumers, we unconsciously become commissioners of a system of inequality and exploitation which we ignore. This includes many ‘fair-trade’ certified products, which are employed by multinationals as a psychological marketing tactic. This phenomenon is described by the cultural anthropologist Richard Robbins (2013) as the ‘commodification of morality’, where even commitments to just, fair or sustainable practices have been monopolised by economic agents. Within this framework, our moral choices are put on the market with a price which rarely returns or reflects the true cost of such products. This article begins by defining modern slavery, proceeding with a particular focus on forced labour in the current neoliberal regime. This is then contextualised in the case study of bananas as one of the most consumed, yet furthest grown, items of Western diets. The article then analyses the ethical backdrop of economic practices, using the fair-trade movement as a synecdoche of the moral economy of our day. The main question raised within this analysis is to what extent our moral choices can contribute to exploitation or to social change, and how our way of eating can oppose the great inequalities that still exist in the present context. (shrink)

It is commonly assumed that praiseworthiness should form part of the analysis of supererogation. I will argue that this view should be rejected. I will start by arguing that, at least on some views of the connection between moral value and praiseworthiness, it does not follow from the fact that acts of supererogation go beyond what is required by duty that they will always be praiseworthy to perform. I will then consider and dismiss what I will call the Argument from (...) Stipulation in favour of holding that acts of supererogation are always praiseworthy. Next, I will examine what I will call the Necessary Connection Argument, which posits a necessary connection between supererogation and praiseworthiness. I will argue that the intuitions used to motivate this argument are best explained by a debunking explanation. (shrink)

This article examines Sheila Jeffreys’ analysis of the UK’s Gender Recognition Act (GRA) and her critique of trans identities. Situating her position within a wider radical feminist perspective, I suggest that her arguments against the GRA are grounded in a problematic understanding of sex and gender. In so doing, I defend how sex and gender are understood in the GRA. Furthermore, I show that radical feminist concerns about sex reassignment surgery and the complicity of trans individuals with stereotypical gender norms (...) are unwarranted. By highlighting the importance of attending to the embodied dimensions of sex and gender, I offer a partial defence of the UK’s GRA. In particular, I note the benefits that it can offer to trans individuals, although I suggest ways in which the GRA can be improved. Finally, I challenge radical feminists who see trans theory and identities as inimical to the goals of feminism. (shrink)

What requirements does morality impose on us in relation to climate change? This question can be asked of individuals, of the entire global population, and of groups of various sizes in between. Given the case for accepting that we all collectively ought to be causing less climate-affecting pollution than we do, what follows from that about the moral status of the actions of members of the larger group? I examine two main ways in which moral requirements on group members can (...) derive from requirements that apply to the larger group. But neither of them seems to apply to the case of climate-affecting pollution. Perhaps this is a case where we together act wrongly, although no-one’s contribution to our doing so is wrong. (shrink)

A Modern Coleridge shows the interrelatedness of the discourses of cultivation, addiction and habit in Coleridge's poetry and prose, and argues that these all revolve around the problematic nexus of a post-Kantian idea of free will, essential to Coleridge's eminently modern idea of the 'human'.

Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to (...) find Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

The present study defines the function of the foundation of science in early modern Dutch philosophy, from the first introduction of Cartesian philosophy in Utrecht University by Henricus Regius to the acceptance of Newtonian physics by Willem Jacob ‘s Gravesande. My main claim is that a foundation of science was required because the conceptual premises of new ways in thinking had to be justified not only as alternatives to the established philosophical paradigms or as an answer to the “sceptical (...) crisis” signalled by Richard Popkin, but also in order to be introduced in the academia. This being my general thesis, different kinds of foundation of scientific knowledge are analysed in the light of the specific problems philosophers had to face. To this end, foundational theories are analysed in the light of 1) the overall aim of their philosophy, 2) the relations of disciplines they thought out, 3) what they regarded as scientific knowledge. Through this analysis, I assess that the foundation of science was carried out by metaphysical, logical and theological arguments, which fitted the needs of answering the didactical and introductory requirements of new paradigms, assessed the reliability of new methodology in leading us to grasp the truth, and provided philosophy with its conceptual apparatus. Finally, I demonstrate that a philosophy of science as a reflection on the principles, methods, concepts and application of modern science emerged in the Dutch Republic. (shrink)

Drawing from Koselleck’s Begriffsgeschichte, this paper explores how and why China’s linguistic revolutions took place alongside the country’s quest for scientific, economic and political modernity. When discussing the contributions made by translation of Western texts to China’s modernization process, scholars have been focusing on content issues. They have overlooked how translation, _through effecting changes in the Chinese language, has transformed the Chinese people’s Weltanschauung at a fundamental level—only with that transformation did China become truly ready for modernity_. For example, tenses (...) did not exist in classical Chinese. But given the prominence of the temporal dimension in Western languages, time markers were gradually invented for the Chinese language as intellectuals engaged in translations of Western texts. These time markers brought a linear concept of time to Chinese society, and only with that new way of experiencing time could “the modern” become conceivable for the Chinese people. I examine how the _time consciousness gave the Chinese a new concept of the future and laid the path for China’s modernization_, and elaborate the subject at hand via an analysis of two waves of temporalization of the Chinese language. (shrink)

The human subject in as much as he knows transforms the sensitive and concrete (the thing perceived) into abstract (an image of the thing perceived), the abstract into an idea (imaginative representation of the thing abstracted), and ideas into contents of conscience (meanings). The last step in the creation of meanings, something being executed in the speech act, consists in fixing the construct mentally created thus making it objectified meanings in the conscience of speakers. The interchange amongst the different steps (...) in the creation of meaning manifests lógos, the state lived by speakers in their interior when speaking, created and developed in words and because of words. (shrink)

I aim to synthesize two issues within theistic metaphysics. The first concerns the metaphysics of creaturely properties and, more specifically, the nature of unshareable properties, or tropes. The second concerns the metaphysics of providence and, more specifically, the way in which God sustains creatures, or sustenance. I propose that creaturely properties, understood as what I call modifier tropes, are identical with divine acts of sustenance, understood as acts of property-conferral. I argue that this *theistic conferralism* is attractive because it integrates (...) trope theory and the doctrine of sustenance in a mutually enhancing way. Taking modifier tropes to be divine acts mitigates certain weaknesses of trope theory and safeguards divine sustenance from the threat of both deism and occasionalism. (shrink)

For generations of scholars the emergence of the notion of human subjectivity has marked the shift to philosophical modernity. Mainly traced back to Descartes’s founding of philosophy on the Cogito and to Kant’s ‘Copernican Revolution’, the rise of subjectivity has been linked to the rise of the modern age in terms of a reconsideration of reality starting from an analysis of the human self and consciousness. Consequently, it has been related to long-standing issues of identity, individuation and individuality as (...) a foremost topic on the agenda of the philosophers. Only in recent times, however, have comprehensive studies on early modern theories of subjectivity and individuality become available to scholars. […] Since the complexity of these topics and of their historiographical treatment is increasing, the only way to shed light on them is to intensify the debate itself. As a multi-authored collection of essays, the present issue of Society and Politics is not aimed at addressing or endorsing a particular position in these debates: rather, it questions and calls attention to the issues of subjectivity and individuality in their historical development, encouraging the debate on topics recently analysed. (shrink)

The purpose of the study is to determine the impact of entrepreneurial initiative on the development of innovation activity of country enterprises. The theory of entrepreneurship by clarifying the essence of entrepreneurial initiative got further elaboration in the article. The methodical approach to the analysis and evaluation of the entrepreneurial initiative and its impact on the innovation activity of the enterprises, the results of which are the basis for further development of proposals to stimulate entrepreneurial initiative and development of their (...) innovation activity is suggested. The estimation of innovation activity of 1758 enterprises of Ukraine by calculating the integral indicator of innovation activity revealed its low level for innovation active enterprises. The method of one-dimensional linear regression has determined that an increase in the number of business structures per 10 thousand people of the country's population at a rate of 1.0 causes an increase in the indicator of innovation activity by 0.172. It is proved in the article that development of infrastructure of enterprenerial environment and creation of centers for entrepreneurship development act as an important mechanism of increasing innovation activity of enterprises of the country. (shrink)

According to Peter Harrison's book The Bible, Protestantism and the Rise of Natural Science modern science came into existence as a result of the emphasis of Protestants on the literal sense of the Scripture, their refusal of the earlier symbolic or allegorical interpretation, and their efforts at fixing the meaning of the biblical text in which each passage was to be ascribed a single and unique meaning. This article tries to summarize the most significant critiques of Harrison's hypothesis and (...) to acknowledge their legitimacy. However, the alternative explanation of the emergence of modern science as a result of disputes over the biblical interpretation and the subsequent discovery of the ambiguous character of the ordinary verbal language is not fully satisfactory either. (shrink)

Violence is one of the most pervasive problems in the world today. Despite all efforts to apply the powers of reason in order to contain, if not completely eliminate violence, violence proves to be capable of escaping capture and re-emerging in new and unexpected forms. Reason and rationality appear to be powerless against violence. The paper explores some philosophical issues that shed new light on the persistence of violence in the modern world. It argues that the failure of modernity (...) to recognize and come to grips with the process of construction that constitutes the basis of our relationship with reality plays a critical role in the continued survival of violence. (shrink)

The neoclassical interpretation of quantum mechanics which re-introduces older conceptual models of gravity and electromagnetism transformed by modern advancements in the field is discussed as a natural outcome from the interchangeability of quantum mechanics and fluid dynamics in light of recent macro-level experiments which show behaviors previously believed to be confined to the quantum world. This superfluid model of mechanics and the known behaviors of superfluids is suggested as a possible substrate and system for the storage and processing of (...) data. Methods of data storage found in natural systems such as the brain are compared via extensive use of analogies to support the conjecture that a rational and mechanical basis for spirituality can be supported under the neoclassical interpretation because of the inherent persistent structure and interaction of the suggested pervasive medium. This model of information theory spiritualism is suggested as a basis for the unification of physics with more philosophical approaches in the study of metaphysics. Normal 0 false false false EN-US X-NONE X-NONE Normal 0 false false false EN-US X-NONE X-NONE. (shrink)

In this article I provide and defend a solution to the problem of moral luck. The problem of moral luck is that there is a set of three theses about luck and moral blameworthiness each of which is at least prima facie plausible, but that, it seems, cannot all be true. The theses are that (1) one cannot be blamed for what happens beyond one’s control, (2) that which is due to luck is beyond one’s control, and (3) we rightly (...) blame each other for events that are due to luck. I suggest that the response which distinguishes between degree and scope of blameworthiness is promising. The main objection that one might level against this approach is that it seems to lead to the absurd conclusion that we, in the actual world, are as blameworthy as the person we could have been and who performs all sorts of heinous acts in a far away possible world. For, we in the actual world and our counterpart in a far away possible world are both such that we would perform certain heinous acts in particular circumstances. I argue that this objection can be met, namely by paying attention to the nature of luck. By using the insights into the nature of luck that have been gained by epistemologists, we can solve the problem of luck as it has been formulated by ethicists. For, epistemologists have argued that some event is due to luck only if it fails to occur in a substantial number of nearby possible worlds. I defend this account of luck and argue that the problem of moral luck can be solved if we pay attention to the nature of luck. I, therefore, call my solution to the problem of moral luck a modal solution. (shrink)

Catholic sexual ethics proposes a number of exceptionless moral norms. This distinguishes it from theories which deny the possibility of any exceptionless moral norms (e.g. the proportionalist approach proposed in the aftermath of "Humanae Vitae" and condemned in "Veritatis Splendor"). I argue that Catholic teaching on sexual ethics refers to chosen physical structures in such a way as to make ‘new natural law’ theory inherently unstable. I outline a theory of “the moral act” (Veritatis Splendor 78) which emphasises the place (...) which chosen physical features – in particular, chosen sexual structures – play in specifying human actions. I conclude that this account, involving what I term UMDAs, is needed to make sense of the Church’s teaching in these areas. (shrink)

This paper addresses the scarcely scrutinized topic in the consumer culture literature regarding how a social actor consumes himself through speech acts. More specifically, by introducing a new type of speech act, viz. the taboo speech act, and by effectively differentiating it from expletives, slang, and swearing words and expressions, I outline how subjectivity appropriates and individuates its systemic underpinning as other or linguistic system (Saussure) and wall of language (Lacan) in linguistic acts of transgression. Taboo speech acts do not (...) merely express emotions, such as anger and frustration. They also seek to contain a linguistic system as an ideational totality of acts of parole in a primus affectivus that is incumbent on the inverse sublimation of epithets and cultural symbols standing synecdochically in a pars pro toto relationship for the limits of what is culturally/linguistically sanctioned. The subject consumes/annihilates and institutes itself at the same time in taboo speech acts whose mission may not be fully accounted for through conversational pragmatics, insofar as they perform at a more foundational level a social ontological function. The offered analysis aims at contributing to the extant literature in consumer cultural theory, applied linguistics, and social theory. (shrink)

There is a kernel of truth in the claim that Western, and especially Anglo-American-Australasian, normative philosophy, including that relating to the philosophy of education, is individualistic; it tends to prize properties that are internal to a human being such as her autonomy, rationality, pleasure, desires, self-esteem, self-realization and virtues relating to, say, her intellect. One notable exception is the idea that students ought to be educated in order to be citizens, participants in a democratic and cosmopolitan order, but, compared to (...) non-Western traditions, this social element is thin. What is striking about other philosophical backgrounds in the East and the South, such as sub-Saharan reflection on the proper ends of education, is that they are typically much more communitarian, and are so in ways that differ from dominant forms of communitarianism in the West. I argue that since geographical terms such as ‘Western’, ‘African’ and the like are best construed as picking out properties that are particularly salient in a region, it is fair to conclude that individualism is Western and not African, or, more carefully, that it is much more Western than it is African, and that converse remarks go for communitarianism. What this means is that, if I am correct about a glaring contrast between philosophies of education typical in the West and in sub-Saharan Africa, and if there are, upon reflection, attractive facets of communitarianism, then countries such as the UK, the US and Australia in some real sense must become less Western in order to take them on. (shrink)

This chapter aims to raise the profile of organ trafficking among the academic community researching human trafficking in general. It explains how the various elements of organ trafficking are defined and how they relate to and differ from transplant tourism and organ markets. Some of the most important international declarations on organ trafficking are outlined, as well as some selective national legislation. Shifting global patterns of organ trafficking will be illustrated with an emphasis on India, Pakistan, Nepal and China. Some (...) of the difficulties in curbing such trafficking are considered before outlining recommendations for increasing effective prevention, improving prosecution of perpetrators, and offering protection and support for victims. (shrink)

It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical (...) measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so. (shrink)

Special issue of the Journal for Early Modern Studies (4.1., Spring 2005) Guest Editor: Lucian Petrescu. -/- .

I contend that Adam Smith and David Hume offer re-interpretations of Aristotle’s notion of greatness of soul, focusing on the kind of magnanimity Aristotle attributes to Socrates. Someone with Socratic magnanimity is worthy of honor, responds moderately to fortune, and is virtuous—just and benevolent. Recent theorists err in claiming that magnanimity is less important to Hume’s account of human excellence than benevolence. In fact, benevolence is a necessary ingredient for the best sort of greatness. Smith’s “Letter to Strahan” attributes this (...) greatness to Hume. It encourages us to admire Hume as an exemplar of human excellence, to seek Hume’s virtues for ourselves, and to approve of the “love of literary fame” which Hume calls his “ruling passion.”. (shrink)

For Kierkegaard the ‘psychological experiment’ is a literary strategy. It enables him to dramatize an existential conflict in an experimental mode. Kierkegaard’s aim is to study the source of movement that animates the existing individual (this is the psychological part). However, he is not interested in the representation of historical individuals in actual situations, but in the construction of fictional characters that are placed in hypothetical situations; this allows him to set the categories in motion “in order to observe completely (...) undisturbed what these require” without caring to what extent someone has met this requirement or is able to meet it (this is the experimental part). -/- The ‘psychological experiment’ is a category of indirect communication that is developed most extensively by Frater Taciturnus, the pseudonymous author of the third part of Stages on Life’s Way. (I) Taciturnus introduces the psychological experiment as a new trajectory in modern literature that offers an alternative to poetry and speculative drama. He develops this new trajectory in praxis (in the novella ‘“Guilty?”/“Not Guilty?” A Story of Suffering: A Psychological Experiment by Frater Taciturnus’) as well as in theory (in the ‘Letter to the Reader’ that accompanies his novella). (II) Two other pseudonymous authors further enrich the conceptual field of the psychological experiment. Constantin Constantius develops the notion ‘experimenting psychology’; Johannes Climacus reflects on the reader’s contemporaneity with the character. (shrink)

The aim of this article is to introduce the work of Leopold Blaustein — philosopher and psychologist, who studied under Kazimierz Twardowski in Lvov and under Husserl in Freiburg im Breisgau. In his short academic career Blaustein developed an original philosophy that drew upon both phenomenology and Twardowski’s analytical approach. One of his main publications concerns Husserl’s early theory of intentional act and object, introduced in Logische Untersuchungen. In the first part of the article I briefly present Blaustein’s biography and (...) some general features of his philosophy. The second part provides an overview of Blaustein’s dissertation concerning Husserl’s early phenomenology. In the third and final part I summarize Blaustein’s research, including the critical remarks of Roman Ingarden. (shrink)

Preference, according to many theories of human behaviour, is a very important phenomenon. It is therefore some what surprising that philosophers of mind pay so little attention to it. One question about preference concerns its variety. Is preference always preference for one option or state of affairs rather than another? Or is there also, as ordinary language suggests, object-preference – preferences for one person rather than another, for one country rather than another, for one value rather than another? Another question (...) or rather group of questions concerns the nature of preference. Is it a mental state, disposition, act or episode, a theoretical construct, a purely behavioural phenomenon? If it is a mental state or act, is it an intellectual, affective or a conative phenomenon? If it is an affective phenomenon, does it enjoy a positive or negative “valence”? Is preference to be understood as a relation between a person’s attitudes or is it a primitive phenomenon? (shrink)