Le contrôle de constitutionnalité, dont la magistrature parlementaire de l’Ancien Régime revendiquait le plein droit, n’était pas fondé uniquement sur les lois fondamentales du royaume, mais sur l’ensemble des principes (« les maximes ») tirés de la « Tradition ». Cette dernière était composée en premier lieu par le droit divin et le droit naturel, c’est-à-dire par des systèmes juridiques qui nécessitaient, tous les deux, une interprétation juridictionnelle ‘sapientiale’. Cette activité interprétative était ‘révélatrice’ d’un corpus de valeurs métaphysiques (...) à laquelle seule la Scientia Juris des magistrats pouvait puiser. Mais dans la sphère de la Tradition juridique rentraient aussi le « dépôt légal », c’est-à-dire l’ensemble de toutes les lois, même des lois ainsi dites « ordinaires », c’est-à-dire celles qui avaient été produites par la simple manifestation de volonté souveraine d’un roi prédécesseur « car tel avait été son plaisir » (moderne formulation du brocarde de droit romain : « quidquid principi placuit legis habet vigorem »). Ainsi la juridiction parlementaire donnait lieu à un jugement de constitutionnalité qui était normalement exercé de manière très flexible par le corps de la magistrature, dépendant des circonstances et des intérêts politiques momentanés des situations juridiques qu’elle voulait protéger. La hiérarchie des normes était ainsi un formidable instrument de protection de cet ordre juridique dont les legum doctores se sentaient les tuteurs. Elle était, donc, directement liée au gouvernement politique des juges. (shrink)

The present paper is an attempt at examining the value configuration and the socio-demographical profiles of the local political elites in four countries of East-Central Europe: Romania, the Czech Republic, Bulgaria, and Poland. The treatment is a comparative one, predominantly descriptive and exploratory, and employs, as a research method, the case-study, being a quite circumscribed endeavor. The cases focus on the members of the Municipal/Local Council in four towns similar in terms of demography and developmental strategies (i.e. small-to-medium sized communities (...) of around 35,000 inhabitants, with economies largely based on food industry and commercial activities): Tecuci (Galați county, Romania), Česká Lípa (Liberec region, Czech Republic), Targovishte (Targovishte province, Bulgaria), and Oleśnica (Lower Silesia province, Poland). Hypothesizing that the local elites of the former Sovietized Erurope tend to differ in outlook, priorities, and value attainment, as compared to their Western counterparts, the paper considers the former’s attitudes and perspectives in regard to seven values: a series of values customarily connected with the concept of ‘democracy’ (i.e. citizen participation, political conflict, gradual change, economic equality), state intervention in economy, decentralization and increased local autonomy, cultural-geographical self-identification. The study uses, as well, five models of value attainment in what concerns the ‘ideal portrait’ of the local councilor (Putnam 1976): ethical, pragmatic, technocratic, political, and gender. According to the results of a study applying a standard written questionnaire among the local councilors of the three communities in the period December 2010-February 2013, the paper distinguishes among three corresponding types of local elites: (1) ‘predominantly elitistic,’ (2) ‘democratic elitist,’ and (3) ‘predominantly democratic,’ following two types of explanation accounting for the differences among the four cases: the legacy of the defunct regime and the degree of administrative decentralization. (shrink)

In this paper, I argue that policing can be defended as consistent with the equality of all before the law – but not by denying that policing occupies a special place in our legal order that is dangerously close to certain ancien régime privileges. In order to defend the special privileges of policing, it is essential to show that they are something quite different from the ancien régime privileges that they in some respects resemble. The crucial (...) conceptual tool for making that argument is the idea of public office. Policing, I argue, is a public office and like other public offices, it comes equipped with a number of special rights, privileges, powers, and immunities that are not generally possessed by all persons in their private capacity. But that situation is no challenge to the equality of all persons before the law. Those special rights do not belong to the office-holder as their private property, to do with them just as they would like. They belong, instead, to the office itself, and they may be exercised only by someone duly appointed to the office (who may also be duly removed from office) and only in pursuit of the purposes that define her office. The idea of public office is what makes possible a necessary and acceptable kind of inequality – that between individual private persons on the one hand and the collective person of the state on the other – while maintaining the kind of equality that matters, which is the equality of all persons vis-à-vis one another. (shrink)

This essay attempts to identify the various qualities that made Frederick II of Prussia’s just appellation ‘the Great’. Frederick employed a completely new type of rule, which was not only unique in the eighteenth century but also prefigured modern governance in many respects. Frederick personified the "raison d’etat" and came to exemplify the rational use of state power for the creation of a completely new standard of judicious kingship. As a visionary ruler of his day, Frederick foreshadowed modern principles of (...) the state. To highlight Frederick’s innovations, the essay not only shows Frederick’s brilliant leadership in the scene of eighteenth-century Europe, but it also refers to rarely quoted contemporary sources; by doing so, the essay contrasts the prodigious divide between the crumbling culture of the "Ancien régime" and that of Frederick’s Prussia—the former still feudal and the latter possessing a vision that rulers are the ‘first servants of the state’. (shrink)

In this engaging, provocative, and highly original study, Karin de Boer offers an interpretation of key parts of Kant’s Critique of Pure Reason as a preparation for an anticipated (and positive) system of metaphysics that is broadly Wolffian in character. In contrast to the lopsided scholarly focus on the negative results of Kant’s project—its “all-crushing” effect on traditional metaphysics—de Boer contends that the Critique is in fact the outgrowth of a longstanding ambition on Kant’s part to make metaphysics into a (...) science, that is, an organized body of a priori knowledge. In so doing, de Boer insists that Kant’s approach should not be taken to be that of a revolutionary overthrowing the ancien régime but instead that of a reformer who retains and works within an established (in this case Wolffian) framework by way of resolving metaphysics’ internal conflicts. In what follows, rather than offering a chapter-by-chapter summary, I will offer an overview of what I take to be the main line of argument in de Boer’s book, followed by a couple of critical remarks. (shrink)

My paper argues that the Nicomachean Ethics endorses kingship (basileia) as the best regime (aristê politeia). In order to justify such a claim, I look at Aristotle’s discussion and rankings of regimes throughout the Ethics, specifically, the discussions of regime division in EN VIII.10, the inculcation of virtue in II.1, ethical habituation in X.9, and the “one regime which is best everywhere according to nature” in V.7.

The essay concerns the negative end of the political argument of the Republic, that injustice—the rule of unreason—is both widespread and undesirable, and that whatever shadows of virtue or order might be found in its midst are corrupt and unstable. This claim is explained in detail in Republic 8 and 9. These passages explain recognizable faults in recognizable regimes in terms of the failure of the rule of reason and the corresponding success of the rule of non-rational forms of motivation. (...) I will first look at degenerate regimes as they appear in a less systematic way in the Ship of State passage in Republic 6 and in the discussion with Thrasymachus in book 1. I then give a general overview of the system of degenerate regimes in book 8 to examine what exactly goes wrong with them and why, and explain how the process of degeneration ought be understood as the progressive decay of the rule of reason. Finally, I argue that a close look at this decay reveals something surprising: that degenerate regimes and characters feature weak versions of virtue, shadow-virtues that are based on appearances and held in place by force. Thus in the end the whole process of degeneration ought be understood as an extended conflict between reason and appetite. (shrink)

Bouddha n'a pas érigé de religion. Dans les dimensions culturelles lointaines de son époque, il a fait de la philosophie et de la science. Si nous observons les racines de sa pensée et l'histoire de la connaissance humaine, nous nous rendrons compte qu'il a été, à sa manière, le précurseur du réalisme scientifique, de la psychanalyse, de la philosophie analytique, de l'existentialisme, du féminisme, de l'épistémologie, de la théorie et de la critique de la connaissance, de la psychologie sociale, de (...) la psychologie positive, du préservationnisme écologique et des concepts relatifs à la matière et à l'énergie que la physique quantique n'a pu démontrer que très récemment. Savoir correctement ce qu'est le bouddhisme est essentiel pour l'éducation et la culture de toute personne qui ne veut pas être un aliéné de plus dans un troupeau qui marche aveuglément au milieu d'une révolution technologique. (shrink)

Having an adequate and extensively recognized resource governance system is essential for the conservation and sustainable use of crop genetic resources in a highly populated planet. Despite the widely accepted importance of agrobiodiversity for future plant breeding and thus food security, there is still pervasive disagreement at the individual level on who should own genetic resources. The aim of the article is to provide conceptual clarification on the following concepts and their relation to agrobiodiversity stewardship: open access, commons, private property, (...) state property and common heritage of humankind. After presenting each property regime, we will examine whether and how these incentivize the conservation, improvement and sharing of crop genetic resources, and conclude by defending a mixed property regime. (shrink)

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey the (...) new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

Recently the role of ideology and hegemony has received increased attention to explain varying dynamics of diffusion and autocratic cooperation. As a result, patterns of interaction in clusters from regions without hegemony or ideology have been overlooked because their autocracy-toautocracy transitions are no threat to the global status of democracy, even when active regime promotion is very common. This article will apply insights from economic cluster theory to political regimes and introduce a typology to differentiate among clusters. Regime Cluster Theory (...) is the first framework that presents three ideal-types of ideological, hegemonic and biotopical regime clusters. With a new concept of ‘biotopical clusters’ the paper explains the dynamics of clusters in often omitted regions, like in Sub Saharan Africa, Latin America during the Cold War, or Central Asia during the 1990s. RCT offers a dynamic approach to recognize and assess patterns of forcible regime promotion per cluster as well as distinguish between their different diffusion patterns (coercive, voluntary, bounded learning, contagion) in four arenas: institutions, ideas, policy and administrative practices. RCT advances the comparative study of regime promotion and diffusion in various regions of the world and hopes to shed new light on related theories of alliance formation, regional institutionalization, and (conflict) spill-over effects. (shrink)

The recent political developments in the Philippines require a reevaluation of the nature of the State under the Rodrigo Duterte regime. Just years ago, scholars illustrated the regime of Duterte to be a populist, illiberal, or authoritarian one. But since then, and especially during the pandemic, a lot of things have changed. In this paper, I will argue that Duterte’s regime is a fascist one. Unlike how Walden Bello characterized Duterte as a fascist original, a characterization laden with theoretical inconsistencies (...) and practical difficulties, I will develop a concept of fascism proper to the neoliberal and semi-colonial conditions of the Philippines. I will likewise trace the rise, development, and stabilization of the regime’s fascism. The discussion will be supported and illuminated by some illustrative examples taken from the experience of the mass movement in Cebu. (shrink)

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any legal (...) system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

The automobile has reshaped our conceptions of space and our modes of accessing and penetrating the urban and non-urban territory in multiple ways, revolutionizing how architects perceive the city and contributing significantly to the transformation of the relationship between architecture and the city. Despite the fact that many architects and architectural critics and theorists have been attracted to automobile vision, in the field of history and theory of architecture and urban design, many questions concerning the impact of the automobile on (...) our perception of the city and its territory have not yet been explored in depth. This is surprising when one considers that no other single factor changed the city so drastically during the twentieth century as the pervasive presence of the automobile. The article examines three different cases of architects—John Lautner, Alison and Peter Smithson, and Aldo Rossi—who tried to construct new visual regimes in photography from the car. The main objective is to present how new visual regimes in photography from the car informed in various ways the visual attitudes in their designs of buildings. The interexchange between the ways of capturing the views from the car and the formation of new design methods can explain the necessity to establish a new theoretical framework offering the possibility to historians of architecture and urban design to address in a sharp and concrete way the reciprocal relation between automobile vision and design approaches. (shrink)

Jordan made substantial market access commitments as part of its WTO membership negotiations. Jordan has low average tariffs with single or two digits rate and ad valorem-only duties with some exceptions where specific duties apply. Customs standards in Jordan were streamlined in accordance with WTO rules. Jordan confirmed in its accession to the WTO that free zones or export processing zones would be fully subject to the coverage of the commitments taken in the protocol of accession. The purpose of this (...) article is to examine and analyse Jordan’s current imports and tariffs regime. (shrink)

Um exemplar do livro intitulado Notas sobre a arte chinesa, publicado pelo colecionador José Vicente Jorge em 1940 e reeditado em 1995 pelo Instituto Cultural de Macau, encontra-se no acervo do Real Gabinete Português de Leitura, o qual pretendemos explorar. Apontamos a obra de um colecionador como ponto de partida para a observação de seu papel como mediador linguístico e cultural. A escolha das obras que compõem seu catálogo de objetos artísticos fornece uma descrição cronológica da arte chinesa e das (...) suas principais produções em cada dinastia. Ademais, analisaremos as obras de um pintor atuante em Macau na época em que Jorge escrevera suas Notas. Assim, veremos de que maneira a obra pictórica de Fausto Sampaio insere-se na tradição naturalista de pintura que, desde meados do século XIX, procura fixar em telas a diversidade dos costumes nacionais. Sampaio vem a ser testemunha ocular do Império ultramarino português. Estudaremos como suas imagens foram instrumentalizadas com fins políticos, desempenhando um papel na construção de uma identidade nacional continuamente evocada pela propaganda do Estado Novo. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of justice.

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

The years that followed the fall of the Berlin wall and various authoritarian regimes in different regions of the world, witnessed the growth of a wide literature on democratization, which was influenced more and more by the paradigm of transition and the “consolidation” of democracy. Since then, evaluations as well as perspectives through which were seen various regimes (the new democracies “with problems”) are developed mainly through the theoretical lens of consolidation paradigm, according to which full democratic consolidation was the (...) endpoint of regime transitions. But it has become clear today that in many countries, in which more than three decades have passed since the fall of authoritarian regimes, the issue of “completion” of democracy in their social and political context is still far from being a happy reality. The purpose of this paper is to criticize both in the theoretical and the empirical level, the concept of “consolidation of democracy”, seeing it as a non-valid concept for the study of democratization. This paper will argue that essentially the concept of consolidation is teleological and problematic in the sense that democracy is seen not as a process but an endpoint product. (shrink)

Tourism is one of the socio-economic trends that significantly contributes to the shift of the planetary system into the Anthropocene regime. At the same time, it is also a socio-cultural practice characteristic of the imperial mode of living, or consumerism. Thus, it is a form of commodification of nature, also a way of deepening social inequalities between a privileged minority of the global population and an exploited majority providing services to those whose socio-economic status allows them to travel for fun (...) and commoditised “experience”. This is not an inevitable activity, an activity in which environmental costs (carbon footprint, water footprint, energy consumption, and waste production) are necessary to ensure the basic resources of life. Tourism is therefore a form of luxury consumption. For any tourism model to be, not only, environmentally sustainable but also socially just, or at least acceptable, it would have to be accessible to all people. Ecotourism should also have to meet the criterion of a solidarity mode of living referred to as sufficiency. This is hardly conceivable in the climatic, demographic, and political regime of the Anthropocene. The latter is likely to be characterized by, among other things, mass migration of climate or environmental refugees on the one hand and climate apartheid of the states of the global North on the other. Ecotourism, accessible to an even smaller proportion of the world`s population than the current mass tourism, will thus be more likely to accentuate the social and environmental inequalities of which it is already a significant manifestation. Therefore, the question is whether the concept of ecotourism is not just another manifestation of greenwashing, i.e. an attempt to legitimize economic, social, and cultural activities that devastate the social and environmental environment. (shrink)

In this paper, I will deal with the issue of the relationship between trust, authoritarian democratic regimes and crises. I will pay special attention to the issue of the relationship between personal trust and trust in institutions. I will try to point out the way in which distrust in institutions develops in authoritarian regimes, as well as the populist way of diminishing the importance of institutions and trust in them, which are seen as obstacles to an efficient relationship between the (...) leader and the people. Finally, I will say a few words about trust in science and its way of approaching the public. (shrink)

Wie Herrschaft kritisieren, wenn Kategorien wie Staat, Souveränität und Demokratie nicht mehr funktionieren? Der Regimebegriff verspricht einen Ausweg aus diesem praktischen wie theoretischen Dilemma. Er soll nicht nur helfen, Macht und Herrschaft besser zu verstehen, sondern auch eine neue Grundlage für tiefere und radikalere Gesellschaftskritik bieten: Das Denken in Regimen bezieht Denk- und Wahrnehmungsmuster in die Analyse und Kritik von gesellschaftlichen Strukturen, (politischer) Macht und alltäglichen Normen und Praxen ein. Kurz: Regimeanalysen helfen uns zu sehen, was sonst unsichtbar bliebe, wie (...) etwa die rassistische Regulierung von Migration, die Normierung von Geschlechterverhältnissen oder die Neoliberalisierung von Universitäten. Es wundert nicht, dass ein Begriff, mit dem solch verschiedene Phänomene beschrieben werden können, »sehr weitläufig und oft ungenau und spekulativ« ist. Die AutorInnen aus dem Umfeld der Wiener Akademie der Künste führen deshalb in ihren Buchbeiträgen zunächst in die unterschiedlichen Regimebegriffe ein und möchten untersuchen, »welchen diskursiven und politischen Gewinn er verspricht und tatsächlich bringt.«. (shrink)

In this paper, I show that Polleit and Mariano (2011) are right in concluding that Credit Default Swaps (CDS) are per se unobjectionable from Rothbard’s libertarian perspective on property rights and contract theory, but that they fail to derive this conclusion properly. I therefore outline the proper explanation. In addition, though Polleit and Mariano are correct in pointing out that speculation with CDS can conceivably hurt the borrowers’ interests, they fail to grasp that this can be the case only in (...) some peculiar circumstances that I identify. In other words, they miss the bigger picture, the one outside special circumstances, in which CDS trading has the opposite effect. That is, CDS facilitate debt accumulation, including government debt accumulation. Finally, I point out how this can precipitate the collapse of fiat money regimes. An incidental goal of the analysis is to provide a better account than Polleit and Mariano of recent government interventions in and around CDS markets. (shrink)

Scholarly attempts to analyze the history of science sometime suffer from an imprecise use of terms. In order to understand accurately how science has developed and from where it draws its roots, researchers should be careful to recognize that epistemic regimes change over time and acceptable forms of knowledge production are contingent upon the hegemonic discourse informing the epistemic regime of any given period. In order to understand the importance of this point, I apply the techniques of historical epistemology to (...) an analysis of the place of the study of astrology in the medieval and early modern periods alongside a discussion of the “language games” of these period as well as the role of the “archeology of knowledge” in uncovering meaning in our study of the past. In sum, I argue that the term “science” should never be used when studying approaches to knowledge formation prior to the seventeenth century. (shrink)

As the aim of the responsible robotics initiative is to ensure that responsible practices are inculcated within each stage of design, development and use, this impetus is undergirded by the alignment of ethical and legal considerations towards socially beneficial ends. While every effort should be expended to ensure that issues of responsibility are addressed at each stage of technological progression, irresponsibility is inherent within the nature of robotics technologies from a theoretical perspective that threatens to thwart the endeavour. This is (...) because the concept of responsibility, despite being treated as such, is not monolithic: rather this seemingly unified concept consists of converging and confluent concepts that shape the idea of what we colloquially call responsibility. From a different perspective, robotics will be simultaneously responsible and irresponsible depending on the particular concept of responsibility that is foregrounded: an observation that cuts against the grain of the drive towards responsible robotics. This problem is further compounded by responsible design and development as contrasted to responsible use. From a different perspective, the difficulty in defining the concept of responsibility in robotics is because human responsibility is the main frame of reference. Robotic systems are increasingly expected to achieve the human-level performance, including the capacities associated with responsibility and other criteria which are necessary to act responsibly. This subsists within a larger phenomenon where the difference between humans and non-humans, be it animals or artificial systems, appears to be increasingly blurred, thereby disrupting orthodox understandings of responsibility. This paper seeks to supplement the responsible robotics impulse by proposing a complementary set of human rights directed specifically against the harms arising from robotic and artificial intelligence technologies. The relationship between responsibilities of the agent and the rights of the patient suggest that a rights regime is the other side of responsibility coin. The major distinction of this approach is to invert the power relationship: while human agents are perceived to control robotic patients, the prospect for this to become reversed is beginning. As robotic technologies become ever more sophisticated, and even genuinely complex, asserting human rights directly against robotic harms become increasingly important. Such an approach includes not only developing human rights that ‘protect’ humans but also ‘strengthen’ people against the challenges introduced by robotics and AI [This distinction parallels Berlin’s negative and positive concepts of liberty ], by emphasising the social and reflective character of the notion of humanness as well as the difference between the human and nonhuman. This will allow using the human frame of reference as constitutive of, rather than only subject to, the robotic and AI technologies, where it is human and not technology characteristics that shape the human rights framework in the first place. (shrink)

This paper presents preliminary results of a survey experiment examining the effects of international illegality on public support for proposed public policies. It adds three specific dimensions to the existing literature. First, it tests whether the effects of international illegality differ depending on the international regime whose rules are violated, testing the effects of violations of both human rights and trade regimes. Second, it tests how far the involvement of international courts vary these effects. And third, it examines these questions (...) using parallel studies with UK and US respondents to test the robustness and generalisability of the relations identified. Results confirm that, across both jurisdictions, illegality under either trade or human rights regimes, and with or without the additional involvement of an international court, have a statistically significant negative effect of public support for a policy. They further identify a greater negative effect where an international court has confirmed this illegality, although this result is statistically significant in only one case. They do not identify any statistically significant difference in the support depressing effect of illegality under the trade regime compared to the human rights regime. (shrink)

The information regime is mediated by the culture of the electronic device. It is characterized by the control of the deluded citizen through the deployment of freedom, thereby nullifying the core issue of human life: freedom. Through phenomenological-hermeneutic methodology (Heidegger, 2002), this work starts from the world of digital life to direct the interpretation towards digital governance, all of which appears as a hermeneutic horizon the information regime. It is concluded that in this new social order the political and all (...) other orders that arise from interaction are governed by a capitalism of emotions. (shrink)

Two property regimes for software development may be distinguished. Within corporations, on the one hand, a Private Regime obtains which excludes all outsiders from access to a firm's software assets. It is shown how the protective instruments of secrecy and both copyright and patent have been strengthened considerably during the last two decades. On the other, a Public Regime among hackers may be distinguished, initiated by individuals, organizations or firms, in which source code is freely exchanged. It is argued that (...) copyright is put to novel use here: claiming their rights, authors write `open source licenses' that allow public usage of the code, while at the same time regulating the inclusion of users. A `regulated commons' is created. The analysis focuses successively on the most important open source licenses to emerge, the problem of possible incompatibility between them (especially as far as the dominant General Public License is concerned), and the fragmentation into several user communities that may result. (shrink)

« Qu’est-ce que le langage et à quoi sert-il ? » -/- « Qu’est-ce qu’un signe linguistique et en quoi consiste sa signification ? » -/- « Quels sont les effets que les expressions linguistiques produisent, les contraintes qu’il faut respecter et les précautions qu’il convient de prendre lorsqu’on les utilise ? » -/- Ce complexe de questions, dont on peut retracer l’origine dans un certain nombre de textes de l’Antiquité, oriente depuis les enjeux fondamentaux de la réflexion sur la (...) nature et le sens des expressions linguistiques ainsi que sur les conditions effectives de leur utilisation. Au fil des débats philosophiques, littéraires et autres, cette compréhension du langage s’est déclinée en une variété de manières d’entendre ce que, pour une expression linguistique ou une suite d’expressions linguistiques données, « signifier » veut dire. Les contributions de ce numéro thématique se sont concentrées sur les idées linguistiques que les auteurs de langue et culture grecque – confrontés, plus ou moins explicitement, à la question « comment penser le langage ? » – ont développées afin de rendre compte du phénomène complexe de la signification comme propriété des signes linguistiques, corrélat d’un contenu de pensée ou encore comme produit d’une pratique réglée d’échanges. (shrink)

Beyond the eras a dialogue seems to have been established between Bruegel the Elder (1525-1569) and Antonin Artaud (1896-1948). The poet’s wonder at the « painting of the North », both realistic and emblematic, reveals his deepest ideal as an artist : painting, a « magical » operation, deploys a power of expression based on signs and no longer on words, which the theatre is also called upon to seize. The juxtaposition of Bruegel’s Triumph of Death and a famous drawing (...) by Artaud, Le Théâtre de la cruauté [The Theatre of Cruelty], highlights the striking convergences between the two artists. Through their pictorial works, both of them renew over the centuries the funerary and mythical symbolism of death, inherited from the macabre scenes of medieval paintings, but also from ancient times. Studying the references to theatrical iconography in Bruegel’s painting, where carnival and crudity of death reinforce each other, allows us to deepen the meaning of these resonances. For the two artists, form and poetic momentum meet so that representation, as a structure common to painting and theatre, fixes a moment of the world, while animating that moment to infinity, thanks to signs conceived as « true hieroglyphs » (Artaud), a problem that Michel Foucault associated with the strongest truth that the experience of madness carries. (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from one’s (...) own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

The purpose of this article is to introduce an innovative approach to the theoretical debate of the last two centuries on how to appropriately conceptualize modern democracy. The main argument that is being put forward by the analysis is that the common reliance on the assumption of pre-modern political philosophy, that democracy is a certain type of political regime or at least a form of rule, has become insufficient to cover the influence and scope of its modern meaning and practical (...) use. Political theory faces the risk of becoming misguided and prejudiced, if the problem of re-conceptualizing democracy is not taken seriously into account. The article tends to offer new insights on the ongoing democratic debate by focusing on one simple question: can modern democracy be understood in terms of a political regime or should it be viewed as a distinct entity? The field of study relevant to our analysis of democracy ranges from Enlightenment thinkers, such as J. J. Rousseau and Voltaire, to XIX–XX century political philosophers (like A. de Tocqueville and C. Schmitt) and some contemporary theorists, like P. Manent. The article starts with explanations, why it is important to look deeper into the conceptual difficulties of modern democracy and why political philosophy and its theories on political regimes are crucial for such a task. Parts 3–5 of the analysis tend to prove that the only way to appropriately understand modern democracy is to identify and question its basic assumptions: the sovereignty of the people and social equality. The final part of the article – part 6 – offers a critique of understanding modern democracy as a political regime. The critique identifies three main theoretical problems, inherent to the discussion on modern democracy, which make it difficult to avoid contradictions when applying the name “democratic” to various political regimes. The article concludes that: First, democracy is not a political regime in a pre-modern sense of the term, which is an assumption still widely taken for granted in political theory. Democracy should be seen as a universal principle of legitimization of power, which can be applied by various regimes. Second, political philosophy faces the danger of adopting an oversimplified understanding of democracy as merely an institutional form of rule (a view perpetuated by social sciences); as well as the danger of conceptualizing democracy as a substance-free and abstract ideal, applicable to all forms of government. Both of these concepts fail to acknowledge the scope of democracy and thus should not be seen as satisfactory. Third, theoretical discussions on democracy suffer from three conceptual shortcomings, which make it impossible to speak about democracy as a political regime. The three problems are: 1. a tendency to see democracy as an ideal concept with no need of practical grounding; 2. making democracy a formal concept with no need of references to its normative nor positive substance; 3. making democracy a pseudo-religious entity by imitating structural elements of Christian religion: faith in a universal nature of humans, an all-powerful sovereign (the people), messianic mission. Lastly, the article generalizes that political philosophy has an obligation to demystify the concept of democracy in order to re-emerge discussions about the substance of different political regimes. For this purpose the concept of loyalty should be taken into account. If we want to prove that a certain state corresponds to a certain political regime, we must try to understand why its subjects maintain loyalty to a specific form of rule. Only unprejudiced political philosophy is capable of such a task, that’s why it should avoid taking the concept of democracy for granted. (shrink)

Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.

The present article aims to offer a synoptic picture of communist Romania’s relations with Third World countries during the Ceaușescu regime. Within these relations, economic and geopolitical motivations coexisted along with ideological ones, thus making the topic one of the most interesting and relevant key for understanding RSR’s complex and cunning international strategy. However, I intend to prove that mere pragmatism is not enough to comprehend the drive behind Ceaușescu’s diplomatic efforts in post-colonial Africa; ideological factors need also to be (...) taken into account. (shrink)

Le traité Du Régime se démarque des autres traités du corpus hippocratique à bien des égards. Aucun autre texte de ce corpus n’a poussé aussi loin le lien entre le corps humain en tant que microcosme et le cosmos, son macrocosme. Ce lien se manifeste notamment dans de multiples analogies, dans des expressions communes utilisées pour les décrire, ainsi que dans des explications identiques des phénomènes qui les caractérisent. Le présent article enquêtera sur une expression spécifique liant l’homme et (...) le cosmos : le terme περίοδος. Dans la continuité des travaux de Luc Brisson et Jacques Jouanna qui ont signalé plusieurs traits communs au Timée de Platon et au traité Du Régime, il s’agira de mettre en lumière l’importance du terme περίοδος, du concept de rotation/révolution, dans l’association microcosme-macrocosme, autant d’un point de vue structurel que fonctionnel. (shrink)

Ranciere's Aisthesis: Scenes from the Aesthetic Regime of Art -Irfan Ajvazi.

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in (...) terms of three criteria for identifying transitional contexts: normalized collective and political wrongdoing, pervasive structural inequality, and the failure of the rule of law. That these criteria are met, however, does not necessarily mean that a transition is taking place. Drawing on the American political development and abolition democracy literatures, we discuss what it would mean for the United States to transition out of its present imprisonment and policing regime. A transitional justice perspective shows the importance of not only pushing for truth and reparation, but for an actual transition. (shrink)

Sex toys promote a new consumptive ethos whose significance may be adequately outlined by attending to the institutional implications of this product category’s consumption. By drawing on Foucault’s theory of sexuality and the technologies of the self that materialize with the aid of discursive formations about sexuality, as well as on relevant sociological and ethnographic insights, I undertake a qualitative content analysis on a corpus of 100 sex toys’ product reviews from popular magazines and web sites in order to identify (...) how the discourse about sex toys is articulated in terms of three dominant categories of sexual scripts (Simon and Gagnon 2007, Sexual scripts. In Richard Parker & Peter Aggleton (eds.), Culture, society, and sexuality: A reader, 29–38. London: Routledge), namely, cultural scenarios, interpersonal and intrapsychic scripts. By opening up the discussion to a broader cultural terrain, I outline how the consumption experience of sex toys, as articulated in the reviews’ discursive formations, facilitates the emergence of new consumer trends, particularly with reference to orgasm-on-the-go and no-touch-orgasm, while redefining existing ones. (shrink)

In this Article I argue that the citizenship status of Israel’s Palestinian citizens has been eroding since the "events" of October 2000 and that, as a result, Israel, within its rpe-1967 borders, may be moving from a form of democracy that has been termed "ethnic democracy" towards a form of non-democratic state that has been termed "ethnocracy." My argument is based primarily on two legal documents: the new Citizenship and Entry into Israel Law, 2003, which denies Palestinian citizens the right (...) to unite with their closest family members who are residents of the Occupied Territories, and the decision of the High Court of Justice that upheld the constitutionality of this law in 2006. Two other developments that seem to support my thesis are analyzed as well: the "events" of October 2000 themselves and the report of the state commission of inquiry that investigated these events, and the plan, advanced by Yvette Lieberman and his political party, "Yisrael Beytenu," to shift the border between Israel and the West Bank westward, depriving tens of thousands of citizen-Palestinians of their Israeli citizenship. (shrink)

Book review of Elizabeth F. Cohen's Illegal: How America’s lawless immigration regime threatens us all.

The eight contributions in this volume result from three conferences held at the Université Michel de Montaigne Bordeaux 3 between 2005 and 2007 on nature and household relations, nature and regime-types (politeiai), and nature and education. Three of the chapters examine Aristotle’s notion of nature through consideration of his remarks about the household (specifically, the relationship between family relations and constitutions in cities, the critique of Plato’s dissolution of the family, and the different senses of nature in the Politics), two (...) are focused on the nature of regime-types (specifically kingship and the relationship between politeia and laws), and the final three chapters are concerned with the nature of the best regime described in Politics VII-VIII (specifically the discussion of thumotic peoples in VII.7, the implicit critique of Plato in the account of the material conditions of the best regime, and the place of leisure in Politics VII.14). Pierre Pellegrin, a major translator and scholar on Aristotle’s political and biological writings provides a preface on the tension between universality and cultural specificity in contemporary reading of the Politics. (shrink)

L’idéal républicain de la liberté comme non-domination promu par P. Pettit possède un potentiel intéressant pour penser l’évolution de l’internationalisme. Cet article examine l’enjeu éthique et politique de l’application institutionnelle de la liberté comme non-domination à l’échelle supranationale. Il discute en particulier la thèse de J. Bohman, qui a récemment proposé une interprétation délibérative et cosmopolitique de la conception de la liberté républicaine. Mais le passage de la citoyenneté démocratique nationale à la citoyenneté cosmopolitique, tel que défendu par Bohman, nous (...) semble reposer sur des conceptions trop exigeantes et compréhensives de l’impartialité et de la démocratie. En nous appuyant sur les travaux socio-historiques de S. Sassen et de C. Tilly, nous soutenons que des idéaux normatifs moins exigeants de l’impartialité et de la démocratie gagneraient en réalisme sociologique et en correspondance avec les mécanismes actuellement impliqués dans l’évolution de la coopération internationale et dans la démocratisation des sociétés. (shrink)