A. Poleev. Constitutional order in Russia. Enzymes, Revised print edition 2020.

The historical roots of despotism in Russia are long, the tradition of arbitrariness seems to be unbreakable. But this status quo can't persist endless: Growing mass protests indicate that the time nears when Russia will unhorse the self-constituted disposers and will demonstrate again its re-invention potential. -/- This expected and hoped egression from despotism into a new phase of Russian history needs to be carefully elaborated and arranged. Starting with the writing and publishing of my essays following mass political protests (...) in the former Soviet Union, namely, in the Russian Federation in fall and winter of the year 2012, I work permanently on redesigning political system. One year later, i.e. 2013, I released a book dedicated those events, and in the same year I wrote the draft of a new constitution, now revised and adopted by the community Rus’ whose member I am since 12.12.2018. -/- 2017 I registered an internet domain reserved for the Foundation intended to promote the constitutional order in Russia. Since that time, I designed the site of the Foundation, fashioned the identity card, and published several documents related to promotion and establishing of the constitutional order (CO). -/- All skilled designers and creative thinkers are invited to take part in this process as co-workers and creators of a new political system. (shrink)

One of the main problems of Albania since the overthrow of the communist dictatorship and the beginning of the transition in 1991 has been the consolidation of a functional constitutional democracy. Having a functional and applicable constitutional order by all institutions and mechanisms has been a significant challenge for Albania. Political parties are one of these mechanisms or vital elements in maintaining and improving the constitutional order in Albania. In democratic regimes, political parties continue to (...) be the most important bridge between the state and the mass of society. Political parties are the institutions that hold the position of a political leader in society, and democratic states cannot survive if they do not have political parties that fulfil their functions in consolidating, preserving, and improving democracy. The object of this study will be political parties in Albania and their role in the consolidation or not of the constitutional order during the period of democratic transition. In this study, the three main parties in Albania are taken as case studies, namely the Socialist Party of Albania, the Democratic Party of Albania, and the Socialist Movement for Integration. (shrink)

Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order. Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier (...) and, as such, is accounted by many a long-running success story. But could a bell be tolling for American constitutionalism? In this Essay, I assess the meaning of Trump’s shocking rise for the future of our constitutional order. The shock, of course, was not the election of a Republican president. There have been many Republican presidents since Lincoln, each making their own distinctive contribution to the American tradition. Yet, there are good reasons to think this time around is different. The efficacy and, perhaps, stability of our constitutional order are in question, and we should try to understand why. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving (...) higher-order defeaters the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

Whenever we communicate, we inevitably have to say one thing before another. This means introducing particularly subtle patterns of salience into our language. In this paper, I introduce ‘order-based salience patterns,’ referring to the ordering of syntactic contents where that ordering, pretheoretically, does not appear to be of consequence. For instance, if one is to describe a colourful scarf, it wouldn’t seem to matter if one were to say it is ‘orange and blue’ or ‘blue and orange.’ Despite their (...) apparent triviality, I argue that order-based salience patterns tend to make the content positioned first more salient – in the sense of attention-grabbing – in a way that can have surprising normative implications. Giving relative salience to gender differences over similarities, for instance, can result in the activation of cognitively accessible beliefs about gender differences. Where those beliefs are epistemically and/or ethically flawed, we can critique the salience pattern that led to them, providing an instrumental way of evaluating those patterns. I suggest that order-based salience patterns can also be evaluated on constitutive grounds; talking about gender differences before similarities might constitute a subtle form of bias. Finally, I reflect on how the apparent triviality of order-based salience patterns in language gives them an insidious strength. (shrink)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC conceives of the body in a (...) transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

This discussion treats a set of familiar social derelictions as consequences of the perversion of a universalistic moral theory in the service of an ill-considered or insufficiently examined personal agenda.The set includes racism, sexism, anti-Semitism, homophobia, and class elitism, among other similar pathologies, under the general heading of discrimination. The perversion of moral theory from which these derelictions arise, I argue, involves restricting its scope of application to some preferred subgroup of the moral community of human beings. -/- The following (...) analysis of higher-order discrimination suggests that we often select the individuals who constitute such subgroups for reasons that we ourselves would reject on moral grounds were we to examine them carefully, but that we choose instead to put our rational resources in the service of avoiding any such examination at all costs. The implication is that arguments that truncate the scope of moral theory in fact justify bestowing the gift of moral treatment on a select few who deserve it no more than the many from whom we withhold it. Therefore, it would be precipitous to conclude that universalistic moral theory can be legitimately restricted in its practical scope of application in any way at all. (shrink)

Higher‐order metaphysicians take facts to be higher‐order beings, i.e., entities in the range of irreducibly higher‐order quantifiers. In this paper, I investigate the impact of this conception of facts on the debate about the reality of tense. I identify two major repercussions. The first concerns the logical space of tense realism: on a higher‐order conception of facts, a prominent version of tense realism, dynamic absolutism, turns out to conflict with the laws of (higher‐order tense) logic. (...) The second concerns our understanding of the positions occupying this logical space: on a higher‐order conception of facts, an attractive interpretation of the central tense realist notion of ‘facts constituting reality’ becomes unavailable. I discuss these results in the context of the more general project of higher‐order metaphysics and the (meta)metaphysics of time, drawing out their implications for the nature of the disputes both between realists and anti‐realists about tense and between different tense realist factions. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis) with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that (...) we do represent objects, that is, things that exist independently of the subject. (shrink)

This brief paper is devoted to criticizing the widespread reading of Kant’s first Critique, according to which reference to subject-independent objects is “constituted” by higher-order cognitive abilities (concepts). Let us call this the “constitutional view.” In this paper, I argue that the constitutional reading confuses the un-Kantian problem of how we come to represent objects (which I call the intentionality thesis), with the quite different problem of how we cognize (erkennen) (which I call the “cognition thesis”) that (...) we do represent objects, that is, things that exist independently of the subject. (shrink)

Mereological nihilists typically employ a paraphrase strategy in order to mitigate the apparent absurdity of their denial of the existence of composite objects. I argue here that the nihilist's paraphrase strategy is incomplete, because no schema for generating nihilistically acceptable paraphrases of sentences concerning material constitution has ever been given. Nor can an adequate schema be arrived at by generalising things that nihilists have already said. I fill this lacuna in the nihilist's account by developing and defending a novel (...) paraphrase schema that makes essential reference to the determinable‐determinate relation that holds between arrangement‐properties instantiated by the simples. (shrink)

On an optimistic version of realist moral epistemology, a significant range of ordinary moral beliefs, construed in realist terms, constitute knowledge—or at least some weaker positive epistemic status, such as epistemic justification. The “debunking challenge” to this view grants prima facie justification but claims that it is “debunked” (i.e., defeated), yielding the final verdict that moral beliefs are ultima facie unjustified. Notable candidate “debunkers” (i.e., defeaters) include the so-called “evolutionary debunking arguments,” the “Benacerraf-Field Challenge,” and persistent moral disagreement among epistemic (...) peers. Such defeaters are best treated as higher-order evidence—viz., evidence contesting the merits of the first-order evidence on which moral beliefs are based. This chapter first develops a theory of higher-order defeat in general, which it then applies to debunking in particular. The result: the challenge fails entirely on epistemic grounds—regardless of whether or not its empirical and metaphysical presuppositions are correct. An advantage of this purely epistemic defense over alternative strategies is that the former extends even to laypersons who themselves lack the expertise necessary to formulate an adequate response. However, this leaves open the prospects for non-epistemological interpretations of debunking (e.g., moral or ontological). The chapter therefore concludes with brief suggestions in that direction. (shrink)

The author poses a question: which of the two fundamental, constitutional values – common good or human dignity – can be considered to be the cornerstone, the unifying value in the Constitution of the Republic of Poland from 1997. The paper shows the crucial reasons for accepting each of these values as primary and also presents the underlying relationships between these values . The prominence of a given value for defining the aim of the constitution and the legal (...) class='Hi'>order based on it was accepted as the most important aspect for determining the order of primacy. In respect of the direct aims of activities of public authorities and more broadly – of the aims of subjects whose activities are defined by the constitution – the primary value should be common good understood as certain social conditions of life which support human development. It defines the space in which other constitutional values, also human dignity, are integrated. Human dignity, however, the primary value defining human being, gives the reason why human development is a first and autonomous aim of the constitutional order. In this respect dignity has priority before common good. -/- Autor stawia pytanie o to, którą z fundamentalnych wartości konstytucyjnych – dobro wspólne czy godność człowieka – można uznać za wartość pierwszą i stanowiącą podstawę spójności aksjologicznej Konstytucji RP z 2 kwietnia 1997 roku. Wskazane są zasadnicze racje przemawiające za uznaniem każdej z tych wartości za wartość pierwszą i identyfikowane są zasadnicze relacje zachodzące między tymi wartościami. Za aspekt najistotniejszy dla ustalenia pierwszeństwa którejś z tych wartości uznana jest doniosłość danej wartości dla określenia celu konstytucji i opartego na niej porządku prawnego. Z punktu widzenia bezpośredniego celu działań władzy publicznej i szerzej – podmiotów, których działanie wyznaczone jest porządkiem konstytucyjnym, wartością tą jest dobro wspólne wyznaczające przestrzeń, w której integrowane są inne wartości konstytucyjne, z godnością włącznie. Dobro wspólne jest celem porządku konstytucyjnego ze względu na godność człowieka, która czyni jego rozwój pierwszym i szczególnym – autotelicznym dobrem. W tej perspektywie godność ma pierwszeństwo przed dobrem wspólnym. (shrink)

Epistocracy and populism are usually seen as opposites. The first finds error in democracy’s reliance on the sub-optimal decisions by the supposedly incompetent masses, and argues that political decisions should be tied to epistemic merit, not popularity. The populist critique of democracy, contrarily, finds that there is not enough political confrontation in standard representative democracies where the ‘real people’ are not properly embodied, and thus pits an imagined direct will of the unified and virtuous people against a self-serving establishment. This (...) article demonstrates that these ideologies have surprising underlying similarities concerning their categorization, political ontology, epistemology and a conception of political authority. Firstly, they both are second-order political ideologies that are not directly tied with substantive political content but rather with the interpretation of how to govern assuming disagreement concerning first-order political ideologies. Secondly, their political ontology divides citizens into two constitutively differing parts, one of which they (partly) exclude from political membership. Thirdly, their political epistemology assumes the existence of political truths which makes their conception of authority anti-proceduralist, either instrumentalist or moralist. Fourthly, they downplay the value of pluralism, deliberation and dissent. Uncovering these commonalities helps us detect and understand the dynamics of some anti-democratic tendencies better. (shrink)

Many theorists maintain that perceptual experience exhibits the what is often called the phenomenology of particularity: that in perceptual experience it phenomenally seems that there are particular things. Some urge that this phenomenology demands special accounts of perception on which particulars somehow constitute perceptual experience, including versions of relationalism, on which perception is a relation between perceivers and particular perceived objects, or complex forms of representationalism, on which perception exhibits demonstrative or special particular-involving types of content. I argue here that (...) no such account required. I develop and defend a novel account of such phenomenology, grounded in the higher-order theory of consciousness. In short, this view holds that the phenomenology of particularity arises because suitable higher-order states make it appear to one that one is in perceptual relations to particulars, even if perception is not in any way constituted by particulars. I argue that this account has many advantages and avoids problems that other theories of such phenomenology face. (shrink)

Experts are sharply divided concerning the prevalence and influence of misinformation. Some have emphasized the severe epistemic and political threats posed by misinformation and have argued that some such threats have been realized in the real world. Others have argued that such concerns overstate the prevalence of misinformation and the gullibility of ordinary persons. Rather than taking a stand on this issue, I consider what would follow from the supposition that this latter perspective is correct. I argue that, if the (...) prevalence and influence of misinformation are indeed overstated, then many reports as to the prevalence and influence of misinformation constitute a kind of higher-order misinformation. I argue that higher-order misinformation presents its own challenges. In particular, higher-order misinformation, ironically, would lend credibility to the very misinformation whose influence it exaggerates. Additionally, higher-order misinformation would lead to underestimations of the reasons favoring opposing views. In short, higher-order misinformation constitutes misleading higher-order evidence concerning the quality of the evidence on which individuals form their beliefs. (shrink)

William Oliver Martin published "The Order and Integration of Knowledge" in 1957 to address the problem of the nature and the order of various kinds of knowledge; in particular, the theoretical problem of how one kind of knowledge is related to another kind. Martin characterizes kinds of knowledge as being either autonomous or synthetic. The latter are reducible to two or more of the autonomous (or irreducible) kinds of knowledge, viz., history (H), metaphysics (Meta), theology (T), formal logic (...) (FL), mathematics (Math), and generalizations of experimental science (G). Metaphysics and theology constitute the two domains of the ontological context while history and experimental science are the two domains of the phenomenological context. The relation of one kind of knowledge to another may be instrumental, constitutive, and/or regulative. For instance, historical propositions are constitutive of G, metaphysical propositions are regulative of G, and propositions in formal logic and mathematics are instrumental to G. Theological propositions are not related to G and so there is no conflict between science and theology. Martin's work sheds light on the possible areas of incompatibility between science and religion. (shrink)

This paper defends Aristotle’s project of deriving the order of time from the order of change in Physics 4.11, against the objection that it contains a vicious circularity arising from the assumption that we cannot specify the direction of a change without invoking the temporal relations of its stages. It considers and rejects a solution to this objection proposed by Ursula Coope, and proposes an alternative solution. It also considers the related problem of how the temporal orders and (...) directions derived from individual changes can together constitute a single, globally consistent order and direction of time. (shrink)

In this paper it is argued that existing ‘self-representational’ theories of phenomenal consciousness do not adequately address the problem of higher-order misrepresentation. Drawing a page from the phenomenal concepts literature, a novel self-representational account is introduced that does. This is the quotational theory of phenomenal consciousness, according to which the higher-order component of a conscious state is constituted by the quotational component of a quotational phenomenal concept. According to the quotational theory of consciousness, phenomenal concepts help to account (...) for the very nature of phenomenally conscious states. Thus, the paper integrates two largely distinct explanatory projects in the field of consciousness studies: (i) the project of explaining how we think about our phenomenally conscious states, and (ii) the project of explaining what phenomenally conscious states are in the first place. (shrink)

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the (...) complement of the German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

in a nervous system of a given species. This chapter provides a critical perspective on the role of connectomes in neuroscientific practice and asks how the connectomic approach fits into a larger context in which network thinking permeates technology, infrastructure, social life, and the economy. In the first part of this chapter, we argue that, seen from the perspective of ongoing research, the notion of connectomes as “complete descriptions” is misguided. Our argument combines Rachel Ankeny’s analysis of neuroanatomical wiring diagrams (...) as “descriptive models” with Hans-Joerg Rheinberger’s notion of “epistemic objects,” i.e., targets of research that are still partially unknown. Combining these aspects we conclude that connectomes are constitutively epistemic objects: there just is no way to turn them into permanent and complete technical standards because the possibilities to map connection properties under different modeling assumptions are potentially inexhaustible. In the second part of the chapter, we use this understanding of connectomes as constitutively epistemic objects in order to critically assess the historical and political dimensions of current neuroscientific research. We argue that connectomics shows how the notion of the “brain as a network” has become the dominant metaphor of contemporary brain research. We further point out that this metaphor shares (potentially problematic) affinities to the form of contemporary “network societies.” We close by pointing out how the relation between connectomes and networks in society could be used in a more fruitful manner. (shrink)

When is it (epistemically) rational to suspend judgment on a proposition? Before addressing this question, one has to clarify what suspension of judgment (in short: suspension) is and establish rationality standards for the attitudes that constitute suspension. Ideally, suspending can be reduced to attitudes for which one already has established rationality standards. This paper distinguishes two kinds of suspension, weak and strong, and offers a reductionist account of suspension based on credence. However, it does not reduce suspension to credence alone (...) but takes a higher-order perspective on credence into account. Other doxastic attitudes such as belief and doubtful belief are also reexamined and defined in the light of this higher-order perspective. (shrink)

In this work, touched on some social issues whatever the result, and a raising awareness was aimed by some new technological upgrades for the vital infrastructures of states, social order and economic plans. The main aim is one world order which has no king and accepts nations as local governance as a requirement of hierarchical order. It is completely based on economic benefits of all nations as there is no alternative to establish a healthy economic order (...) as economic management is directly related with laws. As the important is a law exists or not, or is just or not for justice, also it encourages to develop organic laws in state institutions as it recognizes any state institution as autonomous. No state has this constitution. This work is only an offer. (shrink)

In this paper, I will argue with Ernst Cassirer that anticipation plays an essential part in the constitution of time, as seen from a transcendental perspective. Time is, as any transcendental concept, regarded as basically relational and subjective and only in a derivative way objective and indifferent to us. This entails that memory is prior to history, and that anticipation is prior to prediction. In this paper, I will give some examples in order to argue for this point. Furthermore, (...) I will also argue, again with Cassirer and contra Henri Bergson, that time should be seen as a functional unity, and not as a collection of three different things-in-themselves (past, present and future). (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is (...) the theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Our cultural situation is to seek a moral form of self-constitution, rather than an ontological or epistemological foundation. Such a moral ground lies in the paradox of willing surrender of the will to do wrong or dysfunctional acts in order to enter temporally-extended processes of moral change. But the paradox of willing surrender of the will requires analysis. The propositional form of it cannot be sustained and must instead give way to willingness as an ongoing choice. The self-reflexivity of (...) the will with which we accomplish this turns out to be a core activity of human activity that seeks openness to moral growth through humility. The paper suggests that self-constitution in this manner this is what freedom is for us and is therefore the source of our hope. (shrink)

Brand image constitutes one of the most salient, over-defined, heavily explored and multifariously operationalized conceptual constructs in marketing theory and practice. In this Chapter, definitions of brand image that have been offered by marketing scholars will be critically addressed in the context of a culturally oriented discussion, informed by the semiotic notion of iconicity. This cultural bend, in conjunction with the concept’s semiotic contextualization, are expected both to dispel terminological confusions in the either inter-changeable or fuzzily differentiated employment of such (...) terms as brand image, symbol, icon, as well as to address the function of brand image at a deeper level than a mere construct to be operationalized in quantitative studies of purchase drivers. This shift in focus is coupled with a critical turn from the cogito-centric view of the consuming subject through the cognitivist lens of the AI metaphor as decision-making centre at the origin of largely conscious meaning-making, in favor of a psychoanalytically informed approach that considers figurativity as an essential process whereby brand image is formed. In these terms, brand image will be intimately linked to brand images as figurative multimodal expressive units and rhetorical tropes, as figurative syntax, that are responsible for shaping an idiolectal brand language, as well as to distinctive levels of iconicity as textual condition of possibility of a brand language. In order to understand the role of iconicity as fundamental condition of brand textuality, rather than just a procedure for spawning brand images, the discussion is contextualized in a wider framework involving the culturally situated source of brand images, how they become correlated with brand image concepts and how correlations between brand images and brand image result in brand knowledge structures (Keller 1998). This opening up of the discussion on iconicity is enacted against the background of what I call the Brand Imaginarium which involves: (i) a critical engagement with the dominant cognitivist perspective in branding research that prioritizes individual memory in brand knowledge formation, through a cultural branding lens that involves two additional types of memory, viz. communicative and cultural (ii) a critical engagement with the cognitivist perspective on brand knowledge formation that prioritizes conscious processing of stimuli (as ‘brute facts’, rather than as already semiotized expressive units) in a cognitive mechanism from which the faculty of imagination has been expelled, by restoring the importance of imagination in brand knowledge formation, and, concomitantly, by showing that the highly figurative language of brands may not be researched thoroughly unless imagination is posited anew as processing correlate (iii) the adoption of an expansionist approach to the role of the imaginary in brand knowledge formation, from cognitive (or psychic) faculty, to a more sociologically inclined process of inter-subjective mirroring, and concomitantly as imaginary social significations (Castoriades 1985) that are shared by culturally conditioned and habituated subjects that engage in meaningful cultural practices, rather than individual processing monads. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which (...) moral assessments may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the (...) ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

The concept of similarity has had a rather mixed reputation in philosophy and the sciences. On the one hand, philosophers such as Goodman and Quine emphasized the „logically repugnant“ and „insidious“ character of the concept of similarity that allegedly renders it inaccessible for a proper logical analysis. On the other hand, a philosopher such as Carnap assigned a central role to similarity in his constitutional theory. Moreover, the importance and perhaps even indispensibility of the concept of similarity for many (...) empirical sciences can hardly be denied. The aim of this paper is to show that Quine’s and Goodman’s harsh verdicts about this notion are mistaken. The concept of similarity is susceptible to a precise logico-mathematical analysis through which its place in the conceptual landscape of modern mathematical theories such as order theory, topology, and graph theory becomes visible. Thereby it can be shown that a quasi-analysis of a similarity structure S can be conceived of as a sheaf (etale space) over S. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that (...) neoclassical economists model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

The purpose of this paper is to describe how judges engage in constitutional design, irrespective of legal tradition. I examine in great detail the role of the judge: as a conflict solver, as a member of an institution, as part of the political system and as a human being, for those are factors that intervene in the activities he makes. I later analyze the dynamics that a Constitution can have: the change in their structure conceptualized as interpretation, mutation and (...) resistance and their relation. Interpretation is the determination of the scope of a norm, mutation is the change of meaning without amendment and resistance is a concept that bridges the first two, which is the capacity of the constitutional rule to adapt to the political game and to assume mutations. Finally, these concepts are intertwined in order to show how judges by means of their function, (re)design the Constitution by means of adjudication and policymaking (rule issuance by the stating of precedent). (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously (...) form their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

Both motivational internalism and externalism need to explain why sometimes moral judgments tend to motivate us. In this paper, I argue that Dreier’ second-order desire model cannot be a plausible externalist alternative to explain the connection between moral judgments and motivation. I explain that the relevant second-order desire is merely a constitutive requirement of rationality because that desire makes a set of desires more unified and coherent. As a rational agent with the relevant second-order desire is disposed (...) towards coherence, she will have some motivation to act in accordance with her moral judgments. Dreier’s second-order desire model thus collapses into a form of internalism and cannot be a plausible externalist option to explain the connection between moral judgments and motivation. (shrink)

Recently, Jardas _et al_ have convincingly defended the patient preference predictor (PPP) against a range of autonomy-based objections. In this response, I propose a new autonomy-based objection to the PPP that is not explicitly discussed by Jardas _et al_. I call it the ‘objection from higher-order preferences’. Even if this objection is not sufficient reason to reject the PPP, the objection constitutes a pro tanto reason that is at least as powerful as the ones discussed by Jardas _et al._.

The representations of deep convolutional neural networks (CNNs) are formed from generalizing similarities and abstracting from differences in the manner of the empiricist theory of abstraction (Buckner, Synthese 195:5339–5372, 2018). The empiricist theory of abstraction is well understood to entail infinite regress and circularity in content constitution (Husserl, Logical Investigations. Routledge, 2001). This paper argues these entailments hold a fortiori for deep CNNs. Two theses result: deep CNNs require supplementation by Quine’s “apparatus of identity and quantification” in order to (...) (1) achieve concepts, and (2) represent objects, as opposed to “half-entities” corresponding to similarity amalgams (Quine, Quintessence, Cambridge, 2004, p. 107). Similarity amalgams are also called “approximate meaning[s]” (Marcus & Davis, Rebooting AI, Pantheon, 2019, p. 132). Although Husserl inferred the “complete abandonment of the empiricist theory of abstraction” (a fortiori deep CNNs) due to the infinite regress and circularity arguments examined in this paper, I argue that the statistical learning of deep CNNs may be incorporated into a Fodorian hybrid account that supports Quine’s “sortal predicates, negation, plurals, identity, pronouns, and quantifiers” which are representationally necessary to overcome the regress/circularity in content constitution and achieve objective (as opposed to similarity-subjective) representation (Burge, Origins of Objectivity. Oxford, 2010, p. 238). I base myself initially on Yoshimi’s (New Frontiers in Psychology, 2011) attempt to explain Husserlian phenomenology with neural networks but depart from him due to the arguments and consequently propose a two-system view which converges with Weiskopf’s proposal (“Observational Concepts.” The Conceptual Mind. MIT, 2015. 223–248). (shrink)

The sentences ‘p but I don’t believe p’ (omissive form) and ‘p but I believe that not-p’ (comissive form) are typical examples of Moore’s paradox. When an agent (sincerely) asserts such sentences under normal circumstances, we consider his statements absurd. The Simple Solution (Moore, Heal, Wolgast, Kriegel, et al.) finds the source of absurdity for such statements in a certain formal contradiction (some kind of like ‘p & not-p’), the presence of which is lexically disguised. This solution is facing criticism (...) since it is obvious that the denial of the contradiction allegedly hidden in Moore’s paradox will not become an expression of tautology for us. Hintikka offers another solution to Moore’s paradox. In his view, the source of absurdity is the practical inconceivability of the situation, in which the agent would be able to hold mutually incompatible (inconsistent) beliefs. The sentences ‘p but I don’t believe that p’ and ‘p but I believe that not-p’ sound absurd because they express high-ordered beliefs that no rational agent can hold. A belief expressed in the sentence ‘he believes that p’, in order to be available to the agent, must be compatible with the truth of everything the agent believes. The problem with Hintikka’s solution is that it relies on an epistemic principle that does not correspond to our general intuitions about the notion of belief. According to this principle, there must be a close connection between the sentence ‘p but I don’t believe that p’ and the sentence ‘I believe that is the case is that p but I don’t believe that p’. However, it is not difficult to imagine the context for situations when the agent asserts the sentence ‘p but I don’t believe that p’ when s/he believes that p, but in parallel does not hold any high-ordered belief about his/her belief in p. For example, the agent does not recognize oneself in a photograph after a hard plastic surgery, and when one asks him ‘who is this?’ it would not be absurd for him/her to accept the following description of his/her beliefs ‘I believe that {I am me} but I don’t believe that I believe that {I am me}’. Wittgenstein provides an alternative solution based on a descriptive analysis of the grammar of verbs we use to express, attribute, and understand each other’s psychological states. In his view, the everyday practice of using the verb ‘believe’ demonstrates a characteristic asymmetry in the semantic and logical properties of the usage of this verb in the first person. The expression ‘I believe falsely’ has no real meaning since no one can meaningfully say the sentence ‘Now I believe falsely that p’ on their own behalf. Therefore, the genuine source of absurdity is associated with situations of self-attribution of false belief by the agent. Despite its originality, Wittgenstein’s solution faces objections. For example, in a certain context, it would not be absurd to assert the sentence ‘There are no beliefs, but I don’t believe in it’, unlike the sentence ‘There are no beliefs and I believe that it is so’. The solution proposed by Wittgenstein does not allow us to correct the situation since one could assert quite reasonably and without any absurdity a sentence like ‘In fact, there are no beliefs and now I falsely believe that it is so’. Based on Evans’ principle of epistemic transparency, some researchers (Atlas, Chan, Kwon, et al.) offer another strategy for solving Moore’s paradox, in which peculiar attention is paid to the dependence of understanding and evaluating the meaning of the sentences ‘p but I do not believe that p’ and ‘p but I believe that not-p’ from the immediate context of their usage. The source of absurdity should be looked for in the established practice of the self-referential use of the pronoun ‘I’. In the researchers’ view, Moore’s paradox arises only in the context of situations where the agent asserting such sentences is conscious speaking about oneself. Therefore, there is an obvious structural analogy between the sentences of the Liar family (‘This very sentence is false’, ‘Now I am lying’, etc.) and Moore’s paradox (‘p but I don’t believe that p’, ‘p but I believe that not-p’) – self-reference is constitutive for both families of paradoxical statements. (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts (...) of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

Andreas Follesdal,Victor Muñiz Fraticelli | : A Principle of Subsidiarity regulates the allocation and/or use of authority within a political order where authority is dispersed between a centre and various sub-units. Section 1 sketches the role of such principle of subsidiarity in the EU, and some of its significance in Canada. Section 2 presents some conceptions of subsidiarity that indicate the range of alternatives. Section 3 considers some areas where such conceptions might add value to constitutional and political (...) deliberations in Canada. Section 4 concludes with some reminders of crucial contested issues not fully resolved by appeals to subsidiarity alone, exemplified by the protection of human rights. | : Un principe de subsidiarité réglemente la répartition et/ou l’usage de l’autorité au sein d’un ordre politique où l’autorité est dispersée entre un centre et des sous-unités variées. La section 1 de cet article montre le rôle d’un tel principe de subsidiarité dans l’Union européenne, et certaines de ses implications au Canada. La section 2 présente des conceptions de la subsidiarité qui indiquent un éventail d’alternatives. La section 3 considère certains domaines où de telles conceptions pourraient ajouter de la valeur aux délibérations constitutionnelles et politiques au Canada. La section 4 conclut en rappelant certains problèmes cruciaux contestés, non entièrement résolus par les seuls appels à la subsidiarité, exemplifiés par la protection des droits humains. (shrink)

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

It is commonly held that Kant, with his 1798 essay The Conflict of the Faculties, relinquishes some progressive stances and retreats to conservative positions. According to several interpreters, this is especially evident from Kant’s discussion of moral progress and public use of reason. Kant avers that moral progress can only occur through state-sanctioned education “from top to bottom” and entrusts the emergence of a state endowed with the relevant resolution and ability to “a wisdom from above” (7:92-93). According to numerous (...) interpreters, this call for state intervention and the accompanying surrender to a superhuman wisdom manifest Kant’s retreat from initially republican to later conservative positions. In Kant’s previous writings, the notion of public use of reason indicates the unrestricted freedom to communicate one’s thoughts, provided that the communication does not take place in the exercise of one’s function as a state official, and potentially encompasses all adult men. Instead, in The Conflict of the Faculties, Kant contrasts university professors’ freedom to make public use of their reason with the other public officials’ obligation “to uphold whatever […] the crown sanctions for them to expound publicly” (07:08). Thus, according to several scholars, Kant ends up disenfranchising the vast majority of people from the public use of reason and adjusting an emancipatory notion to the absolutist conception of speech and civil service. On my reading, with The Conflict of the Faculties, Kant neither retreats to conservative positions nor softens any progressive tenets of critical philosophy. On the contrary, I intend to show that a) the project of a state-sanctioned education constitutes Kant’s republican rebuttal of conservative positions on their ground, and is fully in keeping with critical philosophy; b) Kant sets forth a new notion of public use of reason that reverses the order of moral progress presented in his previous writings, but retains all its emancipatory character. I intend to support my interpretation by a) conducting a rhetorical analysis showing how Kant’s rhetoric aims to persuade the ruler that his interests are best served by fostering the regulative ideas of pure practical reason as discovered by critical philosophy; b) analysing Kant’s use of the term ‘public’ (both as the adjective ‘öffentlich’ and the noun ‘Publikum’) and showing how it retains its wide scope and emancipatory function and even expands them to areas previously subjected to legitimate censorship. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Heidegger tries to explain our emotional life applying three schemes: causal explanation, mental internalisation of emotions and metaphorical expression. None of the three schemes explains emotion though. Either because the causal nexus does not always occur or because objects and people in the external world are carriers of emotional agents or because language is already on a metaphorical level. Moreover, how is it possible that there are presently emotions constituting our life without our being aware of their existence? From the (...) analysis of boredom in its three varieties (“bored by X”, “get oneself bored”, and “it is boring”) we will get to the depth where emotions lie, trying to rouse them and to keep them awake. Although it surfaces with the force and energy of the present, every emotion has its past and future constitution. How can we understand the future of a present emotion along with its past? (shrink)

This paper attempts to delineate a kind of realism, which incorporates some anti-realistic insights regarding the perspective, situated, and historical character of our forms of knowing and being in the world, and which resonates with the basic tenets of Christian theism. The first part of the paper analyzes the challenges anti-realism poses to Christian theism, particularly regarding the role, which the doctrine of creation played in securing the correspondence theory of truth as well as the fundamental experience of God as (...) the foundation of order and meaning. Using Heidegger’s hermeneutics in the second part, it is shown that epistemic pluralism can be made compatible with realism. Given that this form of hermeneutic realism still has problems with integrating the transcendence of God, as well as his/ her presence and action in the “world,” the notion of continuous co-creation as the basis for a pluralist realism that is amenable to Christian theism is explored in the final part. (shrink)

Whitehead’s cosmology centers on the self-creation of actual occasions that perish as they come to be, but somehow do combine to constitute societies that are persistent agents and/or patients. “Instance Ontology” developed by D.W. Mertz concerns unification of relata into facts of relatedness by specific intensions. These two conceptual systems are similar in that they both avoid the substance-property distinction: they differ in their understanding of how basic units combine to constitute complex unities. “Process Structural Realism” (PSR) draws from both (...) of these approaches in developing an account of how combinations of processes may produce ontologically significant coherences. When a group of processes achieves such closure that a set of states recurs continually, the effects of that coherence differ from what would occur in the absence of that closure. Such altered effectiveness is an attribute of the system as a whole, and would have consequences. This indicates that the network of processes, as a unit, has ontological significance. The closed network of processes, together with the conditions that prevail, constitute the form of definiteness of the coherence. That form continues to obtain as long as the coherence persists. Constituents contribute to, rather than share, that characteristic. Aspects of some recent research in systems biology, microeconomics, and social psychology illustrate the application of PSR. (shrink)

Can I be wrong about my own beliefs? More precisely: Can I falsely believe that I believe that p? I argue that the answer is negative. This runs against what many philosophers and psychologists have traditionally thought and still think. I use a rather new kind of argument, – one that is based on considerations about Moore's paradox. It shows that if one believes that one believes that p then one believes that p – even though one can believe that (...) p without believing that one believes that p. (shrink)

Higher‐order evidence can make an agent doubt the reliability of her reasoning. When this happens, it seems rational for the agent to adopt a cautious attitude towards her original conclusion, even in cases where the higher‐order evidence is misleading and the agent's original reasons were actually perfectly good. One may think that recoiling to a cautious attitude in the face of misleading self‐doubt involves a failure to properly respond to one's reasons. My aim is to show that this (...) is not so. My proposal is that (misleading) higher‐order evidence can undermine the agent's possession of her first‐order reasons, constituting what I call a dispossessing defeater. After acquiring the higher‐order evidence, the agent is no longer in a position to rely competently on the relevant first‐order considerations as reasons for her original conclusion, so that such reasons stop being available to her (even if they remain as strong as in the absence of the higher‐order evidence). In this way, an agent with misleading higher‐order evidence can adopt a cautious stance towards her original conclusion, while properly responding to the set of reasons that she possesses–a set that is reduced due to the acquisition of higher‐order dispossessing defeaters. (shrink)