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

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

Abstract: The study observes the core of both trafficking in persons and security offering a preliminary understanding the interconnection between the two concepts which is indeed a precondition of the more thorough contemplation of this security problem. Noteworthy is also the further elaboration of the risk that link between violence and modern-day slavery represents having in mind society and the individual. This informal economy violates the principle of morality and is understood to be one of the most offensive (...) crimes. Its elementary features are psychological and/ or physical torture, coercing into engaging in the violation of the law and established social norms as well as transporting and harboring. The consequence of all of this is the material gain, whereas the victim appears as Machiavellian means the gain will justify. Trafficking emerges in different forms, the most discernible of which are forced labor and sexual exploitation that is among the hardest forms of desecrating human soul. Unfortunately, it is a common phenomenon that many people (some independent estimates mention a figure of several million) around the world, women and children, in particular, every year become victims of this violence. Tough living conditions, as well as uncertain economic future, are among fundamental causes infecting healthy society. If a well-organised criminal network or a ‘hidden economy’ succeeds to impose the rule of conduct, then human trafficking finds fertile soil in which to grow. Having been lured the victims later realize where they are, but many never return to their families, and that terrible fate should make society do what can be done and help them. -/- Key words: Human, state, trafficking, security, smuggling. (shrink)

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

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

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

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

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

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

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

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

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

This paper discusses the ecological case for epistemic innocence: does biased cognition have evolutionary benefits, and if so, does that exculpate human reasoners from irrationality? Proponents of ‘ecological rationality’ have challenged the bleak view of human reasoning emerging from research on biases and fallacies. If we approach the human mind as an adaptive toolbox, tailored to the structure of the environment, many alleged biases and fallacies turn out to be artefacts of narrow norms and artificial set-ups. However, (...) we argue that putative demonstrations of ecological rationality involve subtle locus shifts in attributions of rationality, conflating the adaptive rationale of heuristics with our own epistemic credentials. By contrast, other cases also involve an ecological reframing of human reason, but do not involve such problematic locus shifts. We discuss the difference between these cases, bringing clarity to the rationality debate. (shrink)

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

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

As one of the first modern philosophers, Georg Simmel systematically developed a “relativistic world view” (Simmel 2004, VI). In this paper I attempt to examine Simmel’s relativistic answer to the question of truth. I trace his main arguments regarding the concept of truth and present his justification of epistemic relativism. In doing so, I also want to show that some of Simmel’s claims are surprisingly timely. Simmel’s relativistic concept of truth is supported by an evolutionary argument. The first part (...) of this paper outlines that pragmatic foundation of his epistemology. The second part of the paper shows that Simmel develops what today would be called a coherence theory of truth. He presents his coherentist view that every belief is true only in relation to another one primarily as a theory of epistemic justification. The third part turns to Simmel’s original way of dealing with the (in)famous self-refutation charge against relativism. (shrink)

We face grave global problems. One might think universities are doing all they can to help solve these problems. But universities, in successfully pursuing scientific knowledge and technological know-how in a way that is dissociated from a more fundamental concern with problems of living, have actually made possible the genesis of all our current global problems. Modern science and technology have led to modern industry and agriculture, modern medicine and hygiene, modern armaments, which in turn have (...) led to habitat destruction, extinction of species, population growth, the lethal character of modern war, and the impending disasters of climate change. We urgently need to bring about a revolution in universities so that they put problems of living at the heart of the academic enterprise and take, as their basic task, to help humanity learn how to make progress towards as good a world as possible. (shrink)

Language is nothing but human subjects in as much as they speak, say and know. Language is something coming from the inside of the speaking subject manifest in the meaningful intentional purpose of the individual speaker. A language, on the contrary, is something coming from the outside, from the speech community, something offered to the speaking subject from the tradition in the technique of speaking. The speech act is nothing but the development of an intuition by the subject thus (...) transforming it in words of a language. It is both individual and social. Since human subjects are free and historical, the study of speech acts is hermeneutics, that is, interpreting speech acts with knowing and the human reality. (shrink)

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

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

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

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

In his oft-cited book Descartes' Error, Antonio Damasio claims that Descartes is responsible for having stifled the development of modern neurobiological science, in particular as regards the objective study of the physical and physiological bases for emotive and socially-conditioned cognition. Most of Damasio’s book would stand without reference to Descartes, so it is intriguing to ask why he launched this attack. What seems to fuel such claims is a desire for a more holistic understanding of the mind, the brain (...) and the self. For Descartes however, here allowed to answer back, the question of accounting for the whole diversity of human potential experiences was what could not be left out of sight. Concerning the question of his neglect of the mind said to be "abysmally" detached from the body, it is claimed here that, in the light of Descartes' move which was to break with the scholastic practice of putting more and more things under the control of the soul, the program of using the reality of embodiment to understand the mind was one he actually started. An answer is also suggested to counter the charge that Descartes failed to account for the interaction of the two substances, the mind and the material body, by showing why and how Descartes actually believed in the substantial union of mind and body. Yet, he kept in the picture an ingenium, a faculty of pure understanding overarching a cybernetic model of the body-mind, of which we also here seek to appreciate the significance. This project of accounting for the mind-body interaction ended-up in a study the "passions," as emotions were then called. (shrink)

"My boat was moored beside an old bathing 'ghat' of the river, almost in ruins. The sun had set,"...https://youtu.be/VAhd2GNf1js. (http://philpapers.org/profile/112741).

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such as (...) killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, (...) if one culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human rights, initially a modern Western concept, became more and more universalized as a result of the global reach of Western political and economic power. I attempt to shed new light on the subject by investigating the role of translation in bringing about the global hegemony of Western legal and political languages and concepts. Since translation always involves a choice of foregrounding one of the two languages and cultures involved, the translator is a power broker who can promote one voice at the expense of the other. My examples for conducting this investigation are the key contributions made by China and the West to the drafting of the UDHR: with ren and rights representing respectively the West and China’s proposed solutions to crimes against humanity in the immediate aftermath of World War II. While the concept rights became increasingly assimilated into the Chinese language along with her repeated defeats by colonial powers (and was already firmly established in the Chinese vocabulary by the time of the drafting of the UDHR), ren by contrast has never been included by any Western language and culture. (shrink)

For generations of scholars the emergence of the notion of human subjectivity has marked the shift to philosophical modernity. Mainly traced back to Descartes’s founding of philosophy on the Cogito and to Kant’s ‘Copernican Revolution’, the rise of subjectivity has been linked to the rise of the modern age in terms of a reconsideration of reality starting from an analysis of the human self and consciousness. Consequently, it has been related to long-standing issues of identity, individuation and (...) individuality as a foremost topic on the agenda of the philosophers. Only in recent times, however, have comprehensive studies on early modern theories of subjectivity and individuality become available to scholars. (shrink)

In this article I discuss one of the most significant areas of bioethical interest, which is the problem of moral enhancement. Since I claim that the crucial issue in the current debate on human bioenhancement is the problem of agency, I bring out and examine the conditions of possibility of self-understanding, acting subjects attributing responsible authorship for their actions to themselves. I shall argue that the very idea of moral enhancement, properly understood, fails to justify the claims that enhancing (...) the “biological” factor that plays a part in the process of making moral choices, whether through biomedical or genetic interventions, will actually increase the probability of having “morally better future motives”. (shrink)

Human individuality is something that is taken for granted in our time. In fact, it has arisen anthropologically over long periods of time. Man is originally a collective being who has no identity outside of his collective - not least because nobody asks him about it. The text provides a) a psychoanalytically inspired hypothesis as to how an idea of the ego as an individual could actually come about and b) a subsequent, further hypothesis that this idea of the (...) individual has radically changed with the onset of the modern age. (shrink)

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

Many of the items that humans consume are produced in ways that involve serious harms to persons. Familiar examples include the harms involved in the extraction and trade of conflict minerals (e.g. coltan, diamonds), the acquisition and import of non- fair trade produce (e.g. coffee, chocolate, bananas, rice), and the manufacture of goods in sweatshops (e.g. clothing, sporting equipment). In addition, consumption of certain goods (significantly fossil fuels and the products of the agricultural industry) involves harm to the environment, to (...) future persons, and to current persons in low-lying and developing countries, by way of their impacts on climate change. When it comes to such large-scale harms, it's easy for the individual to feel helpless. Even if she sincerely wishes things were otherwise, she may wonder what she could possibly do to make them so. In this paper I briefly explore several promising avenues for generating duties in individuals to consume ethically, and develop one in particular: that an individual ought to signal her commitments to others, as a first step in collectivizing to act against unjust global labour practices. (shrink)

We are living at the dawn of the first truly scientific picture of the universe-as-a-whole, yet people are still dragging along prescientific ideas about God that cannot be true and are even meaningless in the universe we now know we live in. This makes it impossible to have a coherent big picture of the modern world that includes God. But we don't have to accept an impossible God or else no God. We can have a real God if we (...) redefine God in light of knowledge no one ever had before. The key question is, “Could anything actually exist in the scientific universe that is worthy of the name, God?” My answer is yes: God is an “emergent phenomenon,” as real as the global economy or the government or the worldwide web, which are all emergent phenomena. But God arose from something deeper: the complex interactions of all humanity's aspirations. An emerging God has enormous implications. (shrink)

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

A collaborative article by the Editorial Collective of Social Imaginaries. Investigations into social imaginaries have burgeoned in recent years. From ‘the capitalist imaginary’ to the ‘democratic imaginary’, from the ‘ecological imaginary’ to ‘the global imaginary’ – and beyond – the social imaginaries field has expanded across disciplines and beyond the academy. The recent debates on social imaginaries and potential new imaginaries reveal a recognisable field and paradigm-in-the-making. We argue that Castoriadis, Ricoeur, and Taylor have articulated the most important theoretical frameworks (...) for understanding social imaginaries, although the field as a whole remains heterogeneous. We further argue that the notion of social imaginaries draws on the modern understanding of the imagination as authentically creative. We contend that an elaboration of social imaginaries involves a significant, qualitative shift in the understanding of societies as collectively and politically-instituted formations that are irreducible to inter-subjectivity or systemic logics. After marking out the contours of the field and recounting a philosophical history of the imagination, the essay turns to debates on social imaginaries in more concrete contexts, specifically political-economic imaginaries, the ecological imaginary, multiple modernities and their inter-civilisational encounters. The social imaginaries field imparts powerful messages for the human sciences and wider publics. In particular, social imaginaries hold significant implications for ontological, phenomenological and philosophical anthropological questions; for the cultural, social, and political horizons of contemporary worlds; and for ecological and economic phenomena. The essay concludes with the argument that social imaginaries as a paradigm-in-the-making offers valuable means by which movements towards social change can be elucidated as well providing an open horizon for the critiques of existing social practices. (shrink)

Is capitalism inherently predatory? Must there be winners and losers? Is public interest outdated and free-riding rational? Is consumer choice the same as self-determination? Must bargainers abandon the no-harm principle? Prisoners of Reason recalls that classical liberal capitalism exalted the no-harm principle. Although imperfect and exclusionary, modern liberalism recognized individual human dignity alongside individuals' responsibility to respect others. Neoliberalism, by contrast, views life as ceaseless struggle. Agents vie for scarce resources in antagonistic competition in which every individual seeks (...) dominance. This political theory is codified in non-cooperative game theory; the neoliberal citizen and consumer is the strategic rational actor. Rational choice justifies ends irrespective of means. Money becomes the medium of all value. Solidarity and good will are invalidated. Relationships are conducted on a quid pro quo basis. However, agents can freely opt out of this cynical race to the bottom by embracing a more expansive range of coherent action. (shrink)

This paper reconnects the personal and the biological by extending the reach of parental causality. First, it argues that the reproductive act is profitably understood in personal terms as an “invitation” to new life and that the egg and sperm are “ambassadors” or “delegates,” because they represent the potential mother and father and are naturally endowed with causal powers to bring about motherhood and fatherhood, two of the most significant roles a person may have. Second, it argues that even though (...) God alone can create a spiritual soul, the human parents are not just the causes of their child’s body; they are the secondary causes of the whole child. In this way, God acts as a kind of “sponsor” who enables the acceptance of the invitation issued by the parents, and he accepts it on behalf of the new human person that comes to be thanks to their invitation. (shrink)

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

It is expected that industrial heritage actually tells the story of the emerging capitalism highlighting the dynamic social relationship between the “workers” and the owners of the “production means”. In current times of economic crisis, it may even involve a painful past with lost social, civil, gender and/or class struggles, a depressing present with abandoned, fragmented, degraded landscapes and ravaged factories, and a hopeless future for the former workers of the local (not only) society; or just a conquerable ground for (...) controversial investments. This is certainly an emotionally charged subject matter, with multiple readings and interpretations. However, this view is only partial when facing landscape during its historical evolution process. A diachronic study, thus, embraces all resources that probably gave rise to a variety of human activities; all of them embody heritage values -“subjectively” or “objectively” perceived- their evaluation, though, is a matter of an on-going process of the civil society. Greece's landscape accommodates a diversity of diachronic productive practices that may overlap historical periods, technological evolutions and social transformations. Pre-, early and industrial exploitation of resources does not remain firm but vary according to time and the needs of each society. The comparative scale of certain resource exploitation is highlighted as the key for the assessment methodology in close relation to the specific frame of a local landscape and a historical period. Even though archaeological evidence may possibly reveal and document continuity in a range of sustainable productive processes without conflicts, great controversies emerge when new investments are “offered” as an antidote to economic crisis -not harmonized to the local scale, traumatizing thus the “spirit” of the landscape. Suggestions for incompatible productive use and investment planning imply irreversible and irreparable effects on the environment, society and economy of a region and are only faced through social awareness. Case studies of passive and/or active involvement of local communities, in synthesizing and enhance landscape’s “spirit”, its diachronic industrial heritage and the embedded tangible and intangible values, will support a pragmatic -not a suspended- step towards a sustainable future. Quoting Neil Cossons (TICCIH Congress 2012) “Industrial imperialism ensures its position and protects its future not by the conquest of distant lands as by the securing of its sources of raw materials ... The modern world is as much under the control of the major industrial powers as it ever was during the colonial era”; if such a case can the industrial heritage sector remain apolitical? (shrink)

Unlike human soldiers, autonomous weapons systems are unaffected by psychological factors that would cause them to act outside the chain of command. This is a compelling moral justification for their development and eventual deployment in war. To achieve this level of sophistication, the software that runs AWS will have to first solve two problems: the frame problem and the representation problem. Solutions to these problems will inevitably involve complex software. Complex software will create security risks and will make AWS (...) critically vulnerable to hacking. I claim that the political and tactical consequences of hacked AWS far outweigh the purported advantages of AWS not being affected by psychological factors and always following orders. Therefore, one of the moral justifications for the deployment of AWS is undermined. (shrink)

In this book, Toby Svoboda develops and defends a Kantian environmental virtue ethic, challenging the widely-held view that Kant's moral philosophy takes an instrumental view toward nature and animals and has little to offer environmental ethics. On the contrary, Svoboda posits that there is good moral reason to care about non-human organisms in their own right and to value their flourishing independently of human interests, since doing so is constitutive of certain virtues. Svoboda argues that Kant’s account of (...) indirect duties regarding nature can ground a compelling environmental ethic: the Kantian duty to develop morally virtuous dispositions strictly proscribes unnecessarily harming organisms, and Svoboda argues that this duty compels us to act in ways that benefit non-human organisms, given that doing so can enhance one’s virtues. Svoboda’s argument engages the recent literature on environmental virtue and provides an original argument for an environmental virtue ethic firmly rooted in Kant’s moral philosophy. (shrink)

Name der Zeitschrift: Nietzsche-Studien Jahrgang: 44 Heft: 1 Seiten: 231-266. -/- Abstract: In this essay I defend my interpretation of the unheard words that Zarathustra whispers into Life’s ear in “The Other Dance Song” and that have long kept commentators puzzled. I argue that what Zarathustra whispers is that he knows that Life is pregnant with his child. Zarathustra’s ability to make Life pregnant depends on his overcoming of Eternal Recurrence which threatens to strangle him with disgust of human (...) beings and all of existence, thereby making him into a spiritual eunuch whose will has turned into not-willing. The insemination of Life is a transfiguring act that raises Life from her blind animality (or materiality) into the level of a spiritually fertile existence, which is the condition of human freedom. This act is performed with the help of our capacity for theoretical knowledge, which is why it requires love of Wisdom. However, love of Wisdom can make us infertile, and thus unfree, when pursued for its own sake (knowledge can choke). I conclude by considering who might be the child of Zarathustra and Life. -/- Zusammenfassung: In diesem Aufsatz verteidige ich meine Interpretation der unhörbaren Wörter, die Zarathustra in „Das andere Tanzlied“ in das Ohr des Lebens flüstert und seit langem Kommentatoren ratlos machen. Was Zarathustra flüstert, ist, so meine These, dass er weiß, dass das Leben mit seinem Kind schwanger ist. Zarathustras Fähigkeit, das Leben zu schwängern, hängt von seiner Überwindung des Gedankens der ewigen Wiederkehr ab, der ihn durch den Überdruss am Menschen und an allem Dasein zu erwürgen bedroht und ihn dabei zu einem spirituellen Eunuchen macht, dessen Wollen zum Nicht-Wollen geworden ist. Die Befruchtung des Lebens ist eine umgestaltende Tat, die das Leben von seiner blinden Tiernatur (oder Stofflichkeit) auf die Ebene eines spirituell fruchtbaren Daseins erhebt, was die Voraussetzung menschlicher Freiheit ist. Dieser Akt wird mit Hilfe unserer Fähigkeit zu theoretischem Wissen ausgeführt, weshalb er Liebe zur Weisheit erfordert. Liebe zur Weisheit kann uns jedoch unfruchtbar und damit unfrei machen, wenn sie um ihrer selbst willen verfolgt wird (Wissen kann ersticken). Ich schließe mit der Überlegung ab, wer Zarathustras und des Lebens Kind sein könnte. (shrink)

The Torah lays out a rich idea of God’s governance in the Scroll of Esther: Circumstance lays the warp, but human choices weave the woof of destiny. God remains unseen. Delegation of agency, including human freedom, is implicit in the act of creation: God does not clutch efficacy jealously to his breast. Biblically, God acts through nature, making the elements his servitors. Miracles do not violate God’s covenant with nature. Maimonides, following rabbinic homilies, finds them embedded in that (...) covenant. Divine agency is clearest today in evolution and its special case, the emergence of autonomy and the rise of consciousness and personhood. (shrink)

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

Reliance on intuitive and emotive responses is widespread across many areas of bioethics, and the current debate on biotechnological human enhancement is particularly interesting in this respect. A strand of “bioconservatives” that has explicitly drawn connections to the modern conservative tradition, dating back to Edmund Burke, appeals explicitly to the alleged wisdom of our intuitions and emotions to ground opposition to some biotechnologies or their uses. So-called bioliberals, those who in principle do not oppose human bioenhancement, tend (...) to rely on rational arguments and to see intuitions and emotions mostly as sources of biases. This approach often translates into shifting the burden of proof onto bioconservatives and challenging them to provide arguments against the proposed enhancement to back what bioliberals perceive as merely intuitive, emotive, and irrational reactions. -/- In this article, I am going to show that the methodological divide between bioliberals and bioconservatives is less significant than at first glance it appears to be and less significant than it is often taken to be. I will do so by defending two theses. The first is that reliance on intuitions and emotions is not a prerogative of bioconservatives: bioliberals have their typical intuitions and emotive responses and are for this reason exposed to potential biases in the same way as bioconservatives are. The second thesis is that reliance on intuitions and emotions is not necessarily antithetic to reason and rationality. This latter thesis has been philosophically defended with particular reference to the debate on biotechnologies, while the former is perhaps more controversial and more difficult to accept—at least for bioliberals. In both cases, I will support the claims by drawing on resources from the field of moral psychology and the sciences of the mind and, particularly, by applying to some positions in the enhancement debate recent findings about the role of intuitions and emotions in human moral assessment. This new empirically informed perspective holds promises for solving the methodological controversy between bioconservatives and bioliberals, thus enabling proper dialogue and debate between the two sides. (shrink)

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

Western Buddhists often believe and proclaim that metaphysical speculation is irrelevant to Buddhist ethics or practice. This view is problematic even with respect to early Buddhism, and cannot be sustained regarding later Indian Buddhists. In Śāntideva’s famous Bodhicaryāvatāra, multiple claims about the nature of reality are premises for conclusions about how human beings should act; that is, metaphysics logically entails ethics for Śāntideva, as it does for many Western philosophers. This article explores four key arguments that Śāntideva makes from (...) metaphysics to ethics: actions are determined by their causes, and therefore we should not get angry; the body is reducible to its component parts, and therefore we should neither protect it nor lust after other bodies; the self is an illusion, and therefore we should be altruistic; all phenomena are empty, and therefore we should not be attached to them. The exploration of these arguments together shows us why metaphysical claims can matter a great deal for Buddhist ethics, practice and liberation. (shrink)

Albert Musschenga | : The central question of this article is, Are animals morally responsible for what they do? Answering this question requires a careful, step-by-step argument. In sections 1 and 2, I explain what morality is, and that having a morality means following moral rules or norms. In sections 3 and 4, I argue that some animals show not just regularities in their social behaviour, but can be rightly said to follow social norms. But are the norms they follow (...) also moral norms? In section 5, I contend, referring to the work of Shaun Nichols, that the basic moral competences or capacities are already present in nonhuman primates. Following moral rules or norms is more than just acting in accordance to these norms; it requires being motivated by moral rules. I explain, in section 6, referring to Mark Rowlands, that being capable of moral motivation does not require agency; being a moral subject is sufficient. Contrary to moral agents, moral subjects are not responsible for their behaviour. Stating that there are important similarities between animal moral behaviour and human, unconscious, automatic, habitual behaviour, I examine in section 7 whether humans are responsible for their habitual moral behaviour, and if they are, what then the grounds are for denying that moral animals are responsible for their behaviour. The answer is that humans are responsible for their habitual behaviour if they have the capacity for deliberate intervention. Although animals are capable of intervention in their habitual behaviour, they are not capable of deliberate intervention. | : La question centrale dans cet article est celle de savoir si les animaux sont moralement responsables de ce qu’ils font. Répondre à cette question nécessite une argumentation minutieuse et progressive. Dans les sections 1 et 2, j’explique ce qu’est la moralité, et qu’être doté de moralité signifie de se conformer à des règles ou à des normes morales. Dans les sections 3 et 4, je pose que certains animaux ne se contentent pas de montrer des régularités dans leur comportement social, mais qu’ils suivent aussi véritablement des normes sociales. Toutefois, les normes qu’ils suivent sont-elles morales? Dans la section 5, je prétends, en me référant aux travaux de Shaun Nichols, que les compétences ou capacités morales de base sont déjà présentes chez les primates non humains. Respecter des règles ou des normes morales est bien plus que d’agir conformément à ces normes; cela requiert d’être motivé par des règles morales. Dans la section 6, me référant à Mark Rowlands, j’explique que d’être capable de motivation morale ne nécessite pas d’être un agent moral; le fait d’être un sujet moral suffit. Contrairement aux agents moraux, les sujets moraux ne sont pas responsables de leur comportement. Affirmant qu’il y a de grandes similitudes entre le comportement moral d’un animal et le comportement inconscient, automatique et habituel d’un humain, je me penche, dans la section 7, sur la question de savoir si les humains sont responsables de leur comportement moral habituel, et si tel est le cas, sur quelle base on peut alors nier le fait que les animaux sont eux aussi responsables de leur comportement. La réponse à cette question est que les humains sont responsables de leur comportement habituel s’ils disposent d’une capacité d’intervention réfléchie, délibérée. Bien que les animaux soient capables d’intervenir dans leurs comportements habituels, ils ne peuvent le faire de manière réfléchie, délibérée. (shrink)

Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of punishment should (...) be commensurate to the preceding criminal message, so that the offender can face up to the nature and significance of his crime. All murders are not the same. To measure up to the most evil and humanity-degrading murderous message, capital punishment should be the counter-message. Next, I argue that capital punishment does not necessarily violate human dignity. The death penalty and torture may both disrupt human dignity, yet in distinct ways. The death penalty terminates life, the vessel that holds together autonomy, while torture directly assaults autonomy. Torture is never permissible as a form of punishment. But death penalty, when used only on the extravagant evildoers, is justifiable, as life is thoroughly degraded by his own evil act. Further, I argue that mercy is integral to communicative retributivists’ theory of capital punishment. (shrink)