Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Disciplinary issues -- Field studies -- Appendix: Theory of law : legal ethnography, or, the theoretical fruits of the inquiries into folkways. /// Reedition of papers in English spanning from 1995 to 2008 /// DISCIPLINARY ISSUES -- LAW AS CULTURE? [2002] 9–14 // TRENDS IN COMPARATIVE LEGAL STUDIES [2002] 15–17 // COMPARATIVE LEGAL CULTURES: ATTEMPTS AT CONCEPTUALISATION [1997] 19–28: 1. Legal Culture in a Cultural-anthropological Approach 19 / 2. Legal Culture in a Sociological Approach 21 (...) / 3. Timely Issues of Central and Eastern Europe 24 // COMPARATIVE LEGAL CULTURES? [2001] 29–48: 1. Legal Comparativism Challenged 29 / 2. Comparative Legal Cultures versus Comparative Law 34 / 3. Contrasting Fields 40 [a) The Historical Understanding of Socialist Law 42 / b) Convergence of Civil Law and Common Law 44] 4. Concluding Remarks 46 // THEATRUM LEGALE MUNDI: ON LEGAL SYSTEMS CLASSIFIED [2005] 49–75: 1. Preliminaries 49 / 2. Proposals 50 / 3. Impossible Taxonomy, or the Moment of Practicality in Legal Mapping 69 / 4. Diversity as a Fundamental Quality of Human Existence 74 // LEGAL TRADITIONS? IN SEARCH FOR FAMILIES AND CULTURES IN LAW [2004] 77–97: 1. Comparative Law and the Comparative Study of Legal Traditions 78 / 2. ‘System’, ‘Family’, ‘Culture’, and ‘Tradition’ in the Classification of Law 80 / 3. Different Traditions, Differing Ways of Thinking 85 / 4. Different Expectations, Differings Institutionalisations in Law 88 / 5. Different “Rationalities”, Differing “Logics” 92 / 6. Mentality in Foundation of the Law 94 / 7. Defining a Subject for Theoretical Research in Law 96 // SOMETHING NEW, SOMETHING OLD IN THE EUROPEAN IDENTITY OF LAW? [1995] 99–102 --- FIELD STUDIES -- MEETING POINTS BETWEEN THE TRADITIONS OF ENGLISH–AMERICAN COMMON LAW AND CONTINENTAL-FRENCH CIVIL LAW: DEVELOPMENTS AND EXPERIENCE OF POSTMODERNITY IN CANADA [2002] 105–130: I. Canadian Law in General 105 / II. Canadian Legal Developments in Particular [1. The Transformation of the Role of Precedents 112 / 2. The Transformation of Law-application into a Collective, Multicultural and Multifactorial Search for a Solution 116 / 3. Practical Trends of Dissolving the Law’s Positivity 120 / 4. New Prerogatives Acquired by Courts 125 {a) Unfolding the Statutory Provisons in Principles 126 / b) Constitutionalisation of Issues 127 / c) The Supreme Court as the Nation’s Supreme Moral Authority 129}] // MAN ELEVATING HIMSELF? DILEMMAS OF RATIONALITY IN OUR AGE [2000] 131–163: I. Reason and its Adventures 1. Progress and Advance Questioned 131 / 2. The Human Search for Safety Objectified 133 / 3. Knowledge Separated from Wisdom 135 / 4. Pure Intellectuality thereby Born 137 / II. The Will-Element Formalised in Law 5. Mere Voluntas in the Foundation of Legal Positivism 141 / 6. Formalism with Operations Fragmented 145 / III. The State of America Exemplified 7. “Slouching into Gomorrah” 147 / IV. Consequences 8. Utopianism-cum-Voluntarism 154 / 9. With Logic in Posterior Control of Human Formulations Only 159 / V. Perspectives 10. And a Final Resolution Dreamed about 161 // RULE OF LAW? MANIA OF LAW? ON THE BOUNDARY BETWEEN RATIONALITY AND ANARCHY IN AMERICA [2002] 165–180: {Transformation of American Law and Legal Mentality 165 / With Repercussions on the Underlying Ethos 168 / Legislation through Processualisation 170 / With Hyperrationalism Added 172 / Example: Finding Lost Property 172 / Practicalness Veiled by Verbal Magic 173 / Ending in Jurispathy 175 / Transubstantiating the Self-interest of the Legal Profession 178 / Post-modernity, Substituting for Primitiveness 178} // TRANSFERS OF LAW: A CONCEPTUAL ANALYSIS [2003] 181–207: 1. Terms 182 / 2. Technicality 190 / 3. Contrasts in Transfers of Law 200 {Contrasts 200 / Criticisms 202 / Alternatives205} 4. Conclusions 206 // THE DANGERS FOR THE SELF OF BEING SELF-CENTRED: ON STANDARDS AND VALUES [2002] 209–212 --- APPENDIX -- THEORY OF LAW – LEGAL ETHNOGRAPHY, OR THE THEORETICAL FRUITS OF THE INQUIRIES INTO FOLKWAYS [2008] 213–234 1. Encounters 213 / 2. Disciplines 218 / 3. The Lawyerly Interest 223 / 4. Law and/or Laws 226 / 5. Conclusion 233 --- Index of Subjects 235 / Index of Normative Materials 242 / Index 244 . (shrink)

This essay claims that the violence characterizing the 20th century has been coloured by the clash of two very different senses of legal authority. These two senses of legal authority correspond with two very different contexts of civil violence: state secession and the violence characterizing a challenge to a state-centric legal authority. Conklin argues that the modern legal authority represents a quest for a source or foundation. Such a sense of legal authority, according to Conklin, (...) clashes such a view with the unwritten laws of early Amerindian traditional societies. Conklin argues further that by arguing that the Amerindian sense of legal authority has been concealed in the dominant modern sense of legal authority. (shrink)

Globalization is the so-called buzz word used extensively to refer to the socio-cultural and economic processes that have been dominating the current juncture in world history. It has become one of the most debated topics and key area of research among the policy makers, statesmen, corporate, politicians and academia respectively over the past few years. Globalization has been defined in different way. Globalization is not just an economic phenomenon – it also affects cultural, political, social, legal and religious life. (...) Globalization at present (the post-1980 period) has marginalized many cultures across the world. On the other hand globalization influences cultural identity. With the development of science and technology, people are closer than before. They become much more concerned about their cultural identity. They are constantly searching for their cultural roots and defending them. Sociologically explaining these aspects of globalization is the theme of this article. (shrink)

The article examines the peculiarities of state-church relations that are formed in the process of legitimizing civil society. It is substantiated that the 21st century, like the last 20th century, forces us to search for a new format of state-church relations in the context of international relations, modern globalization challenges, and the development of the latest communication and information space. This, of course, prompts a new assessment of the status of religion and the church in the modern political system and (...) the state based on equality, taking into account the unsuccessful experience in the Soviet past of perceiving the church as an enemy of man and, at best, a secondary or auxiliary element in state-building processes. There is an increased interest of the Christian community in direct participation in social life, the formation of civil society and the establishment of a democratic and legal state. The church, as an institution, is quite different from the state, exerting its influence not only on the spiritual situation in Ukraine, but also trying to doctrinally intervene in political life and taking responsibility for determining the civilizational perspective of the state’s development. (shrink)

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

Resumen. El proceso de transformación digital que vivimos y el desarrollo progresivo de las tecnologías disruptivas emergentes están afectando al derecho, y en particular al constitucional, al menos tal y como se había entendido hasta ahora, especialmente desde la perspectiva del paradigma de los derechos fundamentales y de las categorías y conceptos utilizados en la dogmática constitucional. Este pequeño trabajo, desde una perspectiva multidiciplinar, incluyendo la dogmática constitucional (análisis constitucional) y la sociología jurídica (análisis social), constituye una aportación al debate (...) dogmático en torno a las aporías que enfrentan los derechos fundamentales en la era digital. Abstract. We are immersed in a process of digital transformation in which emerging disruptive technologies are affecting the law, and in particular constitutional law, at least as we had understood it until now, especially from the perspective of the fundamental rights paradigm and of the categories and concepts used in constitutional dogmatic. This small contribution, from a multidisciplinary approach, including constitutional dogmatic (constitutional analysis) and legal sociology (social analysis) perspectives, constitutes a contribution to the dogmatic debate around the aporia of fundamental rights in the digital age. (shrink)

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental law. It (...) is argued that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility. (shrink)

This chapter advances a twofold analytical strategy. Firstly, an extrapolation of the legal method, i.e. the application of general rules to particular cases, into a general tool for both description and problem solving. Secondly, through the integration of the legal method with a phenomenological approach for the study of social worlds. This provides the basis for an integrated approach potentially deployable in relation to all social phenomena at the micro, meso and macro levels. This makes it an alternative (...) to the methodology of the social sciences, i.e. economics, political economy, political science and sociology. The social sciences have become characterized by hyper formalistic and opaque modelling and simplistic assumptions resulting in a structural incapacity of scholarly innovation with the consequence that they are incapable of answering ‘big questions’ and lacks the ability to reflect critically upon the basic structure of society and core assumptions about the composition of the social world. (shrink)

It is shown that libertarian anarchism (i.e., consistent liberalism) is unavoidably true.

Anger is central to moral and legal decision-making. Angry individuals reason differently than people in a temperate state. Aristotle and the ancient Greeks understood anger’s practical role in forensic argument and moral judgment—an intuition modern psychologists have largely confirmed. Psychological experiments show that people primed to anger will draw different inferences than people in a tranquil state of mind from the same factual circumstances. As Aristotle understood, our ability to reach conclusions about a set of facts is influenced by (...) emotional processes such as anger. This article analyzes competing views of anger in contemporary moral philosophy. It uses cross-cutting psychological, biological, sociological, anthropological, historical and philosophical arguments about the experience and expression of anger to critically assess leading philosophical accounts of the role of anger in moral and judicial decision making. (shrink)

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS. -/- The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view (...) is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into an unpalatable moral relativism on which there is no non-arbitrary basis between a justice that underwrites forms of domination such as slavery and a justice that condemns such forms of domination is equally powerful and compelling. I show that there is a way to harmonize both views that is subject to empirical test. -/- First I show that the most widely accepted and influential formulation of liberal justice, John Rawls' Justice as Fairness, in. e.g, A Theory of Justice, cannot avoid the relativistic challenge because it would not be accepted, as a matter of sociological fact, by real people in a divided society once the "veil of Ignorance" is removed and real people step out from the Original Position. To put it differently, different reflective equilibria are inevitable in a divided society. Given the weight that Rawls properly puts on the realizability of a conception of justice and its stability in practice, this is a fatal objection. There can be no divided society that is "well ordered" in Rawls' sense, governed by a shared conception of justice and known to be so governed. -/- I then turn to the most powerful statement of the CLS view, Milton's Fisk's relativistic account in The State and Justice. For Fisk, justice is a compromise between what the dominant groups can compel and what the the subordinate groups will acquiesce to., There is no one such compromise in any given situation, so the account is in that sense relativistic, but more deeply, it is relativistic in that it offers no non-arbitrary, non-question begging way to choose between the official justice of, e.g., a slaveholding society and and the radical justice of the slaves, which has no place for slaveholders as a group or slavery as an institution.All that Fisk can offer is an arbitrary existential choice: I'm with the slaves. (Or the slaveowners.) Most of us would find this disconcerting or even unacceptable. -/- I show that Fisk's general sort of account can be modified to allow for an non-arbitrary choice. Given general facts about human nature, societies based on domination will produce resistance that over the long run will diminish or eliminate various forms of domination. Through a sort of ratchet effect, rights won will be hard if not impossible to reverse. Societies embodying forms of domination can therefore be compared on dimensions of stability: the more domination, the more resistance, and the less stability. Such societies are inferior on the dimension of justice to more emancipatory society on the terms of both kinds of justice, official and radical. -/- This is not question begging because regimes of domination incorporate stability no less than more emancipatory social orders. The choice between official justice embodying domination and radical justice that does not is not arbitrary because it is based on a shared commitment to long term stability. This offers an empirical test of which social orders are more justice, and a prediction that over time, domination will tend to decrease. (shrink)

The aim of this study is to proof the argument – i.e. ‘there are significant linkages amongst tolerance, hybrid identities and migration.’ These linkages can be comprehended by means of conceptualising extensions of hybrid identities in aggregate trans/inter-migration processes. It can be put forward that arising hybrid identities are embedded in a blurring structure of thoughts, beliefs, states of affairs, facts, belongings and so forth. From multiculturalism and cosmopolitanism viewpoints, it is argued that tolerance and migration ought to be analysed (...) in frame of sociology of law, human rights, international migration law, and of course the European Union law. So far, normative arguments and soft law approaches are very much well integrated with social aspects of migration, tolerance, identity and culture. In this context, the study examines to what extent cultural and human components are protected by law in multiple levels from an interdisciplinary perspective. In this framework, it is crucial to raise the research enquiries: What are possible criteria for the limits of tolerance? To what extent tolerance is related to human rights and morality? What ought to be the limit of tolerance towards hybrid identities in multicultural and cosmopolitan societies? In a consistent manner, the criteria and standards developed by some leading scholars were reconstructed and discussed throughout this paper. These criteria and standards are both moral (part of a universal system of morality) and legal (international, supranational, or national – i.e. constitutional). In order to apply such standards their validity was discussed (i.e. the respective normative power has the norms at the various levels). In the case of morals, their difference to particular ethnic systems was established (i.e. criteria by which the two can be distinguished). Then the research argument was elaborated on whether and how the legal standards comply with the moral standards, how national standards comply with supranational or international standards. Likewise, the study highlights the crucial contributions of “World Society and World System Paradigms” that are associated with social space, global civil society, cosmopolitanism, ethnic diversity, cultural hybridity, human rights activism and public sphere. Recent debates in Refugee Studies (e.g. Syrian Refugee Crisis, Dual and Multiple Citizenship Issues and so forth) highlight the fact that the European Union needs to consider new aspects of tolerance for hybrid identities and tolerate cultural rights of hybrid identities, create cohesion in communities and establish intercultural dialogue amongst home-states and host-states. Sanguinely, the efforts of hybrid identities are strengthening the relations between home-host states and these ought to attract some considerable attention. The authors of this study hope that their endeavours may contribute somewhat towards that. (shrink)

The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker (...) takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal ramifications. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology 2nd (...) ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014). He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it, easily available on the net and in two of my recent books. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019) . (shrink)

A philosophical exploration is presented that considers entities such as atoms, electrons, protons, reasoned (in existing physics theories) by induction, to be other than universal building blocks, but artifacts of a sociological struggle that in elemental description is identical with that of all processes of matter and energy. In a universal context both men and materials, when stressed, struggle to accomplish/maintain the free state. The space occupied by cognition, inferred to be the result of the inequality of spaces, is an (...) integral component of both processes and process interpretation; arbitration space, ubiquitous throughout nature, occurred to a vast number of vastnesses, a manifestation of the existence of time dependent mass/number/amount, is argued to be located to the same judging criteria with which principles are determined for sociological purposes: the processes of mind are determined (excuse the pun) to occur as a free state that is reflectively equal to what is construed by the intellect as universe. Scientifically determined states are not free states. (shrink)

This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently (...) emerging culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent. (shrink)

It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down the (...) core pillars of the paradigm installed by the Chicago boys. Looking at broader developments, the essential driver of change over the past four decades have however not been an economic one but rather a legal one. Or rather the essential change has been the economics discipline acting as an invasive species entering into the realm of law though the law and economics paradigm. (shrink)

A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. (...) While developments in this direction can certainly be observed, this article provides a more nuanced perspective. Outlining a long-term historical perspective, this article reconstructs the manifold and volatile dynamic between institutionalized forms of public and private authority. It does soon the basis of the argument that, in the course of this evolutionary process, the very function and meaning of both public and private authority has been fundamentally altered. This alteration implies the transformation of both dimensions into functionally limited and more specific phenomena. With this background, it becomes possible to argue that societal evolution is characterized by a dual expansion of both public and private forms of authority. The starting point is an understanding of authority as condensed power. Asymmetric relations implying either direct or indirect forms of domination are observable throughout society and are as such an intrinsic element of all social relations and processes. Authority is, however, based on a particular institutionalization of power, typically delineated and condensed with the help of legal instruments. Under radical modern conditions, law becomes constitutive for authority to the extent that one might argue that no form of authority exists outside its legal form. With this background, the article argues that the pre-1945 world at the local, national, and transnational level of world society was characterized by a relative dominance of private forms of authority. The process leading to state-based modern public law gaining not only a formal but also a factual capacity to structure societal processes was a century-long process: a process which implied an epic struggle aimed at undermining and eradicating alternative centers of public and private authority in society. It was, however, a first in the mid-twentieth century that an outright breakthrough of this claim and aspiration could be observed. The implied a respecification of public and private authority that remains central to our understanding of authority to this day. (shrink)

Relativism can be found in all philosophical traditions and subfields of philosophy. It is also a central idea in the social sciences, the humanities, religion and politics. This is the first volume to map relativistic motifs in all areas of philosophy, synchronically and diachronically. It thereby provides essential intellectual tools for thinking about contemporary issues like cultural diversity, the plurality of the sciences, or the scope of moral values. The Routledge Handbook of Philosophy of Relativism is an outstanding major reference (...) source on this fundamental topic. The 57 chapters by a team of international contributors are divided into nine parts: Relativism in non-Western philosophical traditions Relativism in Western philosophical traditions Relativism in ethics Relativism in political and legal philosophy Relativism in epistemology Relativism in metaphysics Relativism in philosophy of science Relativism in philosophy of language and mind Relativism in other areas of philosophy. Essential reading for students and researchers in all branches of philosophy, this handbook will also be of interest to those in related subjects such as politics, religion, sociology, cultural studies and literature. (shrink)

The article presents the reasons for which the issue of providing housing to low-income citizens has been a real challenge in Addis Ababa during the recent years and will continue to be, given that its population is growing extremely fast. It examines the tensions between the universal aspirations and the local realities in the case of some of Ethiopia’s most ambitious mass pro-poor housing schemes, such as the “Addis Ababa Grand Housing Program” (AAGHP), which was launched in 2004 and was (...) integrated in the “Integrated Housing Development Program” (IHDP) in 2006. The article argues that the quotidian practices of communities and their socio-economic and cultural characteristics are related to the spatial attributes of co-housing practices. Drawing upon the idea that there is a mutual correspondence between social and spatial structures, it places particular emphasis on the analysis of the IHDP and aims to show that to shape strategies that take into account the social and cultural aspects of daily life of the poor citizens of Addis Ababa, it is pivotal to invite them to take part in the decision-making processes regarding their resettlement. Departing from the fact that a large percentage of the housing supply in Addis Ababa consists of informal unplanned housing, the article also compares the commoning practices in kebele houses and condominium units. The former refers to the legal informal housing units owned by the government and rented to their dwellers, whereas the latter concerns the housing blocks built in the framework of the IHDP for the resettlement of the kebele dwellers. The article analyzes these processes of resettlement, shedding light of the fact that kebele houses were located at the inner city, whereas the condominiums are located in the suburbs. Despite the fact that the living conditions in the condominium units are of a much higher quality than those in the kebele houses, their design underestimated or even neglected the role of the commoning practices. The article highlights the advantages of commoning practices in architecture and urban planning, and how the implementation of participation-oriented solutions can respond to the difficulties of providing housing. It argues that understanding the significance of the endeavors that take into account the opinions of dwellers during the phase of decision-making goes hand in hand with considering commoning practices as a source of architecture and urban planning frameworks for low-cost housing in this specific context. The key argument of the article is that urban planning and architecture solutions in Addis Ababa should be based on the principles of the so-called “negotiated planning” approach, which implies a close analysis of the interconnections between planning, infrastructure, and land. (shrink)

"Kapitał społeczny ludzi starych na przykładzie mieszkańców miasta Białystok" to książka oparta na analizach teoretycznych i empirycznych, która przedstawia problem diagnozowania i używania kapitału społecznego ludzi starych w procesach rozwoju lokalnego i regionalnego. Kwestia ta jest istotna ze względu na zagrożenia i wyzwania związane z procesem szybkiego starzenia się społeczeństwa polskiego na początku XXI wieku. Opracowanie stanowi próbę sformułowania odpowiedzi na pytania: jaki jest stan kapitału społecznego ludzi starych mieszkających w Białymstoku, jakim ulega przemianom i jakie jest jego zróżnicowanie? Ludzie (...) starzy są tu postrzegani jako kategoria społeczna, czyli zbiór osób podobnych do siebie pod względem społecznie istotnych cech (takich jak wiek, posiadane role społeczne i świadomość korzystania ze świadczeń społecznych), którzy są świadomi tego podobieństwa i swojej odrębności od innych. Przyjmuje się ponadto, iż osoby takie przekroczyły 60. rok życia. Zakłada się też, że w zasobach ludzkich skumulowany jest kapitał ludzki, społeczny i kulturowy. Kapitał społeczny jest tu ujmowany szeroko jako potencjał współdziałania osadzony w powiązaniach międzyludzkich i normach społecznych, który może przynosić korzyści osobom, grupom i społeczeństwom. W części teoretycznej przedstawiono informacje o starości jako etapie w życiu jednostki, wyjaśniono pojęcie ludzi starych, omówiono społeczne teorie starzenia się, historyczne czynniki oddziaływające na położenie kategorii społecznej ludzi starych, zmiany ich miejsca w społeczeństwie polskim w trakcie transformacji ustrojowej i na początku XXI wieku, możliwe konsekwencje wzrostu długości życia w warunkach demokracji i kapitalizmu oraz charakterystykę problemu starzenia się ludności Białegostoku jako miasta pogranicza. Zaprezentowano też różnorodne koncepcje kapitału społecznego, sfery jego oddziaływania na rozwój społeczno-gospodarczy, jego stan w Polsce oraz wytyczne do strategicznego budowania jego zasobów. Przybliżono również wybrane informacje o aktywności ludzi starych w życiu publicznym, społecznym i gospodarczym jako kluczowych cechach ich kapitału społecznego. Porządkując różne stanowiska teoretyczne, wyniki badań i dane statystyczne, dążono do powiązania wielu rozproszonych źródeł w przekonaniu, iż jest to istotne w celu określenia i zagospodarowania zasobów kapitału społecznego seniorów, jak również niwelacji opóźnienia polskiej socjologii w zakresie badań nad ludźmi starymi. Pomimo, iż za podstawową perspektywę teoretyczną publikacji uznana została koncepcja kapitału P. Bourdieu, autor bierze również pod uwagę propozycje badawcze J.S. Colemana, R.D. Putnama, F. Fukuyamy, A. Giddensa, P. Sztompki i A. Sadowskiego. Drugi rozdział zawiera określenie ram metodologicznych badań przeprowadzonych na potrzeby tej publikacji. Omówiono przyjęte założenia badawcze oraz przybliżono sposób i przebieg realizacji badań. Przede wszystkim zdecydowano się na korzystanie z metody jakościowej i zastosowanie techniki wywiadu swobodnego ukierunkowanego. Uznano, iż podmiotowy kontakt z ludźmi starymi umożliwi dokładniejsze rozpoznanie kontekstu, w którym znajdują się zasoby ich kapitału społecznego. Jest to ważne, gdyż przenoszenie na rodzimy grunt opracowanych za granicą interpretacji działań ludzi starych i rozwiązań aktywizujących, może okazać się nieskuteczne lub wywołać negatywne efekty zewnętrzne. Ponadto w literaturze przedmiotu zwraca się uwagę na niedostatek badań gerontologicznych zgodnych z paradygmatem interpretatywnym. Badaniu poddano 26 respondentów w wieku od 60 do 89 lat żyjących w mieście Białystok związanych z jedną z dwóch różnych instytucji: Domem Pomocy Społecznej i Uniwersytetem Trzeciego Wieku. Poprzez porównywanie osób znajdujących się na dwóch biegunach aktywności społecznej możliwe było dostrzeżenie podobieństw i różnic w ich wyposażeniu kapitałowym, a zarazem w osiągniętych w ciągu życia pozycjach w strukturze klasowej i zasobach służących pomyślnej starości6. W trzecim rozdziale przedstawiona została część wyników analiz empirycznych. Przybliżono tu sposób, w jaki ludzie starzy myślą o podobnych sobie przodkach i osobach współczesnych, a także czynniki, w zależności od których zmienia się ich pozycja społeczna w mieście oraz problemy społeczne, jakie uznają za najważniejsze dla ludzi starych. Analizie poddano opinie o ich czasie wolnym, szansach i barierach aktywności ekonomicznej. Wyróżniono typy kapitału społecznego ludzi starych w zależności od instytucji, z którymi są związani oraz podejścia do postrzegania i wykorzystywania zróżnicowania wewnętrznego seniorów. Omówiono wizerunek seniorów w środkach masowego przekazu. Publikacja nie zawiera ścisłego zakończenia. W ostatnim rozdziale wskazano jedynie na główne wnioski płynące z badań oraz na potencjalne dalsze kierunki analiz. Uzupełnienie tego podejścia stanowią zamieszczone w aneksie zestawienia oddolnych technik budowania kapitału społecznego oraz podstawowych cech Miast Przyjaznych Starszemu Wiekowi. Z opracowania tego z pewnością będą mogli skorzystać nie tylko naukowcy zajmujący się tematyką ludzi starych, ale i pracownicy socjalni, politycy, pracodawcy, przedstawiciele mediów i organizacji pozarządowych oraz obywatele Białegostoku i innych miast. ** "Social Capital of Old People on the Example of Bialystok Residents" is a book based on theoretical and empirical study, which presents an issue of diagnosing and using of old people social capital in the local and regional development processes. This issue is significant because of the threats and challenges associated with process of rapid ageing of Polish society at the beginning of 21st century. Publication, in particular, is an attempt to give answers to the following questions: what is the state of old people social capital in Bialystok, what transformations it undergoes and how is it differentiated? In this study old people are viewed as a social category, which is a set of people similar to each other in terms of socially significant features (such as age, possessed social roles and awareness of received social benefits), who are aware of these similarities and differences between each other. Moreover, it is assumed, that such persons exceeded the 60 years of age. It is also assumed that human, social and cultural capital is accumulated in the human resources. Social capital is recognized here broadly as a potential for collaboration embedded in interpersonal relationships and social norms that may benefit individuals, groups and societies. The book consists of three chapters. The first, which is the theoretical part of work, includes information about: old age as a stage of individual life and explanation of the old people notion. It discusses social theories of ageing, historical factors affecting on the social position of old people category, changes in their place in Polish society during the system transformation and in the early 21st century. It describes the possible consequences of increased life expectancy for democracy and capitalism - including the concepts of society for all ages, silver economy. It also features ageing population issue, as well as social policy towards the elderly and old age in Bialystok as the borderland city. A variety of social capital concepts were presented; the spheres of its influence on socio-economic development, its status in Poland and guidelines for strategic building of its resources. Selected information on the activity of old people in public, social and economic life as key features of their social capital was brought closer. Putting various theoretical positions, results of research and statistical data in order was aimed to link many dispersed sources considering that it is relevant to identify and develop seniors' social capital resources, as well as leveling the delay of Polish sociology research on the elderly. Fundamental theoretical perspective of publication is the concept of capital according to P. Bourdieu. However, the proposals of J.S. Coleman, R.D. Putnam, F. Fukuyama, A. Giddens, P. Sztompka and A. Sadowski were also used. The second chapter contains a methodological framework for the purposes of study. Research assumptions, method and course of implementation of studies were discussed. The study is based on the qualitative method and the application of in-depth interview techniques. It was considered that the personal contact with old people will be more accurate than other research techniques to identify the context in which they social capital resources can be found. It is important because the transfer of developed abroad activating solutions and interpretations of old people actions may be ineffective or have negative external effects in the Polish context. Moreover, in the Polish science literature attention is paid to scarcity of gerontological research in accordance with the interpretive paradigm. Study involved 26 respondents aged 60 to 89 years living in Bialystok associated with one of two different institutions: nursing home for the elderly and University of the Third Age. By comparing the persons on two extremes of social activity it was possible to see similarities and differences in their capital equipment, and also in achievements of the life positions in the class structure and resources aimed at successful ageing. The third chapter presents the empirical analysis of the research results. This part outlines the way in which old people think about their ancestors and contemporary people. It also shows factors according to changes in their social position in the city, social issues which they consider most important for old people, their opinions about leisure time, opportunities and barriers of economic activity and types of old people social capital depending on the institution with which they are associated. Approach to the perception and use of internal disparities of seniors were also discussed. The analysis additionally contains the evaluation of senior citizens image in the polish mass media. This publication does not contain a strict ending. It only identifies the main conclusions of the research and potential directions of future analysis. Above all, older people could improve their position not by demanding increases in social benefits from which major parts are often taken away by their family members, but by highlighting their human, social and cultural capital. It is necessary to create favorable conditions for social and professional life of old people and their cooperation with members of local communities. Important role in this regard is played by institutions implementing three tasks: stimulating senior citizens' desire to satisfy previously unrealized needs; creating relationships between them so that they can solve their own problems and work for the others; and providing legal, social and vocational guidance. Stimulating cooperation between existing public, commercial and non-governmental sector organizations may serve to achieve these goals. The dissemination of bottom-up techniques of social capital building and checklist of essential features of Age-friendly Cities may also be important. -/- . (shrink)

The teachings and actions of Jesus Christ (Yeshua Ha'Mashiach) and the apostles recorded in the New Testament are analyzed in regard to their ethical and political philosophy, with analysis of context vis-à-vis the Old Testament (Tanakh, or Hebrew Bible) being given. From this analysis, it is shown that Jesus is a libertarian anarchist, i.e., a consistent voluntaryist. The implications this has for the world are profound, and the ramifications of Jesus's anarchism to Christians' attitudes toward government (the state) and its (...) actions are explicated. (shrink)

I rapporti annuali su Gli italiani e lo stato, coordinati da Ilvo Diamanti, continuano a rilevare che i cittadini sono impegnati negli associazionismi ma disincantati dalla politica. Con le tipiche differenze nelle diverse aree del paese e a seconda del livello istituzionale, accanto alla sfiducia verso le istituzioni pubbliche c’è una propensione alla partecipazione. Come mostrano la diffusione delle primarie e le esperienze di democrazia partecipativa che si moltiplicano a livello locale, si riscontra, infatti, una disponibilità a sperimentare forme di (...) coinvolgimento differenti rispetto alla militanza politica che possono costituire un utile complemento della democrazia rappresentativa e degli strumenti di democrazia diretta. La partecipazione non solo richiede la possibilità legale di votare ma anche un contesto sociale che induca effettivamente il popolo a votare e ad esprimere i propri punti di vista elevando il livello di informazione e il confronto su argomenti alternativi, cercando di evitare nelle controversie pubbliche le valutazioni puramente opportunistiche o emotive. L’interesse qui si rivolge verso il “sondaggio deliberativo” di James S. Fishkin, una procedura molto diversa dal sondaggio d’opinione poiché rovescia la logica demoscopica. Le persone sondate dagli istituti di ricerca a volte non hanno indicazioni adeguate sul tema; altrettanto spesso non ci hanno riflettuto e non hanno confrontato le proprie preferenze, scelte o credenze con gli argomenti in contrasto in una libera e approfondita discussione. Renato Mannheimer, presidente dell’Istituto per gli studi sulla pubblica opinione (Ispo) è d’accordo con l’affermazione secondo cui le persone rispondono anche su ciò che non conoscono e, a suo parere, il problema si fa ancora più evidente a ridosso delle elezioni. Oggi, a suo avviso, la maggior parte della gente vota non per vera convinzione, ma sulla base di impressioni acquisite dalla TV durante le ultime settimane prima del voto. I sondaggi deliberativi, invece, sono diretti a migliorare la qualità del confronto pubblico, attraverso una procedura articolata che favorisce l’informazione,la riflessione e il dibattito, a partire, ovvio, dall’idea di creare un rapporto diverso tra i sondaggi e l’opinione pubblica intenso come misurazione di come muta l’opinione dopo che le persone hanno avuto l’opportunità di diventare più competenti e di confrontare in un dialogo aperto le loro idee. Nonostante alcune riserve di ordine metodologico e taluni rischi di strumentalizzazione politica, l’esame dei sondaggi deliberativi risveglia una viva ammirazione per uno studioso riuscito a riversare la passione civile e l'impegno politico in una pratica democratica concreta alla quale ha dedicato, quasi interamente, molti anni del suo lavoro. Rimane, certo, uno strumento insufficiente a rianimare e risollevare il momento deliberativo nelle democrazie contemporanee, ma nessuno può negare che indichi a tutti la direzione giusta. (shrink)

Metaphysical considerations aside, today’s inheritors of the tradition of natural philosophy are primarily scientists. However, they are oblivious to the human factor involved in science and in seeing how political, religious, and other ideologies contaminate our visions of nature. In general, philosophers observe human (historical, sociological, and psychological) processes within the construction of theories, as well as in the development of scientific activity itself. -/- In our time, feminism—along with accompanying ideas of identity politics under the slogan “diversity, inclusion, equity”—has (...) emerged in science policies. The vast majority of scientists (including myself) are convinced that discrimination is reprehensible. We also believe that all individuals of any sex, race, ethnic group, or ideology should be valued in academia solely based on his or her merits and potential through equality programs. However, as I will show in this article, political indoctrination has inadmissibly undertaken the struggle for equality in academic institutions in Western countries. I argue here that universities and research institutes should be politically free (neutral) to encourage academic freedom. -/- One negative aspect of equality programs is that worldwide, scientists are harassed for expressing opinions related to the “gender” issue. This situation severely restricts scientists’ freedom of expression, even within the limits of the law. Codes of conduct extending beyond legal boundaries are examples of this issue. Scientists who express their views about “gender” are often harassed, bullied, and socially or academically excluded. Thus, we are witnessing a wave of proselytizing in research institutes and science-associated media. Today, there is widespread biased propaganda of “victimhood”. This propaganda proposes positive discrimination and increasing women’s participation in unnatural ways. It also bends the history of science by overvaluing the creations of forgotten women, offering lectures on indoctrination, organizing congresses on gender and science, and persecuting anyone who sees the subject differently. All of this covered by a multitude of associations that financially benefit from these discourses through succulent subsidies of public money. Apparently, feminism is no longer about fighting against discrimination. Instead, it is about imposing an ideology and giving more power to one group of people. Thus, we must ask whether the end justifies the means. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, (...) at least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Though this volume is a bit dated, there are few recent popular books dealing specifically with the psychology of murder and it’s a quick overview available for a few dollars, so still well worth the effort. It makes no attempt to be comprehensive and is somewhat superficial in places, with the reader expected to fill in the blanks from his many other books and the vast literature on violence. For an update see e.g., Buss, The Handbook of Evolutionary Psychology 2nd (...) ed. V1 (2016) p 265, 266, 270–282, 388–389, 545–546, 547, 566 and Buss, Evolutionary Psychology 5th ed. (2015) p 26, 96–97,223, 293-4, 300, 309–312, 410 and Shackelford and Hansen, The Evolution of Violence (2014) He has been among the top evolutionary psychologists for several decades and covers a wide range of behavior in his works, but here he concentrates almost entirely on the psychological mechanisms that cause individual people to murder and their possible evolutionary function in the EEA (Environment of Evolutionary Adaptation—i.e., the plains of Africa during the last million years or so). -/- Buss starts by noting that as with other behaviors, ‘alternative’ explanations such as psychopathology, jealousy, social environment, group pressures, drugs and alcohol etc. do not really explain, since the question still remains as to why these produce homicidal impulses, i.e., they are the proximate causes and not the ultimate evolutionary (genetic) ones. As always, it inevitably boils down to inclusive fitness (kin selection), and so to the struggle for access to mates and resources, which is the ultimate explanation for all behavior in all organisms. Sociological data (and common sense) make it clear that younger poorer males are the most likely to kill. He presents his own and others homicide data from industrialized nations, and tribal cultures, conspecific killing in animals, archeology, FBI data and his own research into normal people's homicidal fantasies. Much archeological evidence continues to accumulate of murders, including that of whole groups, or of groups minus young females, in prehistoric times. -/- After surveying Buss’s comments, I present a very brief summary of intentional psychology (the logical structure of rationality), which is covered extensively in my many other articles and books. -/- Those with a lot of time who want a detailed history of homicidal violence from an evolutionary perspective may consult Steven Pinker’s ‘The Better Angels of Our Nature Why Violence Has Declined’(2012), and my review of it easily available on the net and in two of my recent ebooks. Briefly, Pinker notes that murder has decreased steadily and dramatically by a factor of about 30 since our days as foragers. So, even though guns now make it extremely easy for anyone to kill, homicide is much less common. Pinker thinks this is due to various social mechanisms that bring out our ‘better angels’, but I think it’s due mainly to the temporary abundance of resources from the merciless rape of our planet, coupled with increased police presence, with communication and surveillance and legal systems that make it far more likely to be punished. This becomes clear every time there is even a brief and local absence of the police. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems of thought viewpoint may consult my e-book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Wittgenstein and Searle 367p (2016). Those interested in more of my writings on psychology may see Suicidal Utopian Delusions in the 21st Century--Philosophy, Human Nature and the Collapse of Civilization 392p (2017). For all my writings in their most recent versions, please consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 3rd Ed. 686p (2017). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX -/- . (shrink)

Religiously inspired violence is a global phenomenon and connects to transnational narratives, necessitating comparative analysis of socio-historical context and patterns of ideological mobilization. Northeast Africa hosts several radical-extremist and terrorist groups, mostly of Muslim persuasion, tuned in to these global narratives while connecting to local interests. Christian radicalism and violence also occur but are less ideologically consistent and less widespread. I examine key aspects of the current role and ideological self-positioning of Islamist radicalism in state contexts, comparing Somalia, affected by (...) Islamist violence since the late 1990s, and Ethiopia, where Islam’s mobilization followed a different path and where the state so far contained politicization and open radicalism of Muslim groups. A brief contrastive case from Nigeria is also provided. It is observed that Islam, while of course not ‘equalling’ violence, easily provides a militant political theology, frequently instrumentalized in conflicts and situations of (perceived) grievance, and via mimetic rivalry then becomes radically ideological. Securitized response patterns of state authorities toward militancy play a role in furthering violent radicalization. I follow a sociological-anthropological approach but also refer to key aspects of national-legal frameworks regarding state and religion, next to societal and political bases of Muslim militant mobilization for collective aims and self-presentation. (shrink)

Based on a critical interpretative review of existing qualitative research investigating accounts of ‘lived experience’ of surrogates and intended parents from a relational perspective, this article proposes a typology of surrogacy arrangements. The review is based on the analysis of 39 articles, which belong to a range of different disciplines (mostly sociology, social psychology, anthropology, ethnology, and gender studies). The number of interviews in each study range from as few as seven to over one hundred. Countries covered include Australia, (...) Canada, Greece, India, Iran, Israel, Italy, Mexico, Norway, Russia, Sweden, UK, Ukraine, and the USA. Most studies focus only on surrogacy practices in one country (although often with intended parents from other countries), and some include several countries (e.g. interviewees from several countries or fieldwork in different field-sites). The proposed typology goes beyond the division between altruistic versus commercial, and traditional versus gestational surrogacy, in order to inform further research and to contribute to bioethical and policy debates on surrogacy in a transnational context. Four types of relations are identifiable: open, restricted, structured, and enmeshed. The criteria which influence these relationships are: the frequency and character of contact pre- and post-birth; expectations of both parties; the type of exchange involved in surrogacy arrangements; and cultural, legal, and economic contexts. The theoretical contribution of the article is to further the development of a relational justice approach to surrogacy. (shrink)

What It’s Like to Chill Out With Whom the Rest of the World Considers As The Most Ruthless Men: Ratko Mladic, Goran Hadzic and Radovan Karadzic (+) Confessions of a Female War Crimes Investigator By Jill Louise Starr NJ USA -/- Read My Entire Book Here (True Story) http://sites.google.com/site/thelawprojectscenternycoffices/what-it-s-like-to-chill-out-with-whom-th e-rest-of-the-world-considers-as-the-most-ruthless-men-ratko-mladic-goran-hadzic-and-radovan-karadzi c-confessions-of-a-female-war-crimes-investigator -/- Retrospectively, it was all so simple, natural and matter of fact being on a boat restaurant in Belgrade, sitting with, laughing, drinking a two hundred bottle of wine and chatting about (...) war and peace while Ratko Mladic held my hand. Mladic, a man considered the world’s most ruthless war criminal since Adolf Hitler, still at large and currently having a five million dollar bounty on his head for genocide by the international community. Yet there I was with my two best friends at the time, a former Serbian diplomat, his wife, and Ratko Mladic just chilling. There was no security, nothing you’d ordinarily expect in such circumstances. Referring to himself merely as, Sharko; this is the story of it all came about. Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally LPCYU Home Website -/- Irrefutable Proof ICTY Is Corrupt Court/Irrefutable Proof the Hague Court Cannot Legitimately Prosecute Karadzic Case By Jill Starr I want to stress, in this particular meeting , there was no observer status at the ICC Preparatory Meetings at the United Nations in New York City in 2001. What I did, made a historical precedent. I was asked by, Darko Trifunovic 1st Secretary of the Bosnian MIssion, to take his place, in a CLOSED DOOR UNITED NATIONS MEETING. This means, ONLY HEADS OF AMBASSADORIAL MISSIONS WERE ALLOWED IN THE MEETING. There was no "Observer Status for say NGO's such as Amnesty International." I represented a Country as an American Citizen that day; the Repuklika Srpska. This never occurred before to my knowledge ever. It was an error. My former professor, Arnold Stark, walked me in, A former State Dept. man chosen to be the former Ambassador from the USA to Bonn/Germany (and he declined years back because of his wife at the time). He knew it was illegal. It said on these paper I picked up in the meeting, Anyone, Richard Holbrooke, sat across from me, discussing this meeting outside the meeting itself thereafter , "would be prosecuted to the fullest extent of int'l law." I heard the Ambassadors of the world ALL DISCUS TRADING MONEY FOR ICC AND ICTY COURT VERDICT AS WELL AS FUTURE JUDICIAL APPOINTMENTS -/- http://sites.google.com/site/thelawprojectscenternycoffices/home/irrefutable-proof-icty-is-corrupt-c ourt-irrefutable-proof-the-hague-court-cannot-legitimately-prosecute-karadzic-case -/- http://picasaweb.google.com/lpcyusa/IrrefutableProofICTYIsCorruptCourtIrrefutabl# (The Documentary Secret United Nations ICC Meeting Papers Scanned Images) OR http://community.jigsaw.com/t5/media/gallerypage/user-id/903610# -/- Rea dMore Here _> Read the entire story here My testimonial video on Youtube _> http://www.youtube.com/watch?v=dKe-5LORsGs -/- http://www.youtube.com/watch?v=dKe-5LORsGs (My YouTube VIDEO) -/- This legal technicality indicates the Hague must dismiss charges against Dr Karadzic and others awaiting trials in the Hague jail; like it or not. -/- Unfortunately for the Signatures Of the Rome Statute United Nations member states instituting the ICC & ICTY housed at the Hague, insofar as the, Radovan Karadzic, as with the other Hague cases awaiting trial there, I personally witnessed these United Nations member states having a substantial conversations, and, openly speaking about trading judicial appointments and verdicts for financial funding when I attended the 2001 ICC Preparatory Meetings at the UN in Manhattan making the iCTY and ICC morally incapable trying Radovan Karazdic and others. -/- I witnessed with my own eyes and ears when attending the 2001 Preparatory Meetings to establish an newly emergent International Criminal Court, the exact caliber of criminal corruption running so very deeply at the Hague, that it was a perfectly viable topic of legitimate conversation in those meetings I attended to debate trading verdicts AND judicial appointments, for monetary funding. -/- Jilly wrote:*The rep from Spain became distraught and when her country’s proposal was not taken to well by the chair of the meeting , then Spain argued in a particularly loud and noticably strongly vocal manner, “Spain (my country) strongly believes if we contribute most financial support to the Hague’s highest court, that ought to give us and other countries feeding it financially MORE direct power over its decisions.” -/- ((((((((((((((((((((((((( ((((((((((((((((((((((((( Instead of censoring the country representative from Spain for even bringing up this unjust, illegal and unfair judicial idea of bribery for international judicial verdicts and judicial appointments, all country representatives present in the meeting that day all treated the Spain proposition as a ”totally legitimate topic” discussed and debated it between each other for some time. I was quite shocked! The idea was “let’s discuss it.” "It’s a great topic to discuss." -/- Some countries agreed with Spain’s propositions while others did not. The point here is, bribery for judicial verdicts and judicial appointments was treated as a totally legitimate topic instead of an illegitimate topic which it is in the meeting that I attended in 2001 that day to establish the ground work for a newly emergent international criminal court.)))))))))))))))))))))))))))) -/- In particular., since “Spain” was so overtly unafraid in bringing up this topic of trading financial funding the ICC for influence over its future judicial appointments and verdicts in front of every other UN member state present that day at the UN, “Spain” must have already known by previous experience the topic of bribery was “socially acceptable” for conversation that day. They must have previously spoke about bribing the ICTY and ICC before in meetings; this is my take an international sociological honor student. -/- SPAIN’s diplomatic gesture of international justice insofar as, Serbia, in all of this is, disgusting morally!SPAIN HAS TAUGHT THE WORLD THE TRUE DEFINITION OF AN “INTERNATIONAL CRIMINAL COURT.” -/- I represented the state interests’ of the Former Yugoslavia, in Diplomat Darko Trifunovic’s absence in those meetings and I am proud to undertake this effort on Serbia’s behalf. http://picasaweb.google.com/lpcyusa (My Political Satire Blog) Diplomatic / International Relations Consultant & War Crimes Investigator - War - Peace - Preventive Diplomatic Strategies - International Law - Charitable Causes - International Business - International Political Economy - Human Rights - Politics - War Crimes Investigations - Anti-Terrorism - Law Projects Center Funded Projects (YCICC) Internationally http://sites.google.com/site/jillstarrsite -/- -/- . 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This summary note series outlines legal empirical approaches to the study of juries and jury decision-making behaviour for undergraduate students of sociology, criminology and legal systems, and forensic psychology. The note series is divided into two lectures. The first lecture attends to the background relevant to the historical rise of juries and socio-legal methodologies used to understand jury behaviour. The second lecture attends to questions surrounding jury competence, classic studies illustrative of juror bias, and a critical (...) comparison of juries to legal alternatives not reliant on jury deliberation for judicial process. Where appropriate the note series indicates key readings relevant to each core component of the note series, for students to develop their understanding in self-study time. (shrink)

Over the past decades, the idea that national sovereignty and the authority of the state have been increasingly challenged or even substantially eroded has been a dominant one. Economic globalization advancing a neo-liberal dis-embedding of the economy is seen as the major reason for this erosion. Concerns have increased about the negative consequences for the social fabric of societies, deprived of the strong shock absorption capacity that the welfare states had established in the time of the embedded liberalism to use (...) a term John Ruggie coined. The concerns have also helped nationalistic movements to gain power in many high-income countries, not at least in the United States, calling for putting their economy first. Accordingly, a number of commentators have announced a return of the nation state. In this special issue, we will show that the retreat-of-the-state thesis as well as the return-of-the-state thesis shares the same shortcomings. They conflate state and authority. As a consequence, both theses underestimate important transformations of authority that have taken place since the end of the “short 20TH century,” to use Eric Hobsbawm's periodization. With this special issue, we seek to contribute to a more nuanced analysis of the transformation of authority. The issue is the outcome of a conference that took place at the Copenhagen Business School in 2015, hosted by the research project ‘Institutional Transformation in European Political Economy: A Socio-Legal Approach’ and funded by the European Research Council. (shrink)

Krzysztof Trzcinski, 'Citizenship in Europe: The History of the Idea and Institution' - this is an interdisciplinary book as the concept of citizenship is one of the key terms of the social sciences and raises questions of a legal, political, historical, philosophical, and sociological nature. The main subjects of this work are the origins and evolution of the idea and institution of citizenship in Western Europe. Doctrinal and institutional models of citizenship presented in this monograph are of different historical (...) origins (beginning with ancient times and ending with the 20th century). This work shows that in different historical periods, the concept of citizenship underwent shifts in semantic substance and that the idea of citizenship is in permanent flux. Hence, the essence of citizenship is continually being enriched with new elements (or, at times, impoverished by the loss of other elements). According to specific conditions of a socio-political, economic, and cultural nature, the concept of citizenship has been redefined in the historical perspective. At various historical periods, the term 'citizen' referred to a broader or narrower spectrum of society. Criteria for membership in the body of citizens also evolved. Over the centuries, many models of citizenship emerged in Europe. Some of them were institutional in form. In contrast, others were the fruit of philosophers' social and political thinking at different times. The basic models emerged in ancient Athens and Rome. Later models of citizenship usually took over many traits, particular to initial models (such as the right to life). However, at the same time, they usually eliminated some of their elements (such as the enslavement of certain members of society) while simultaneously creating and adding new ones (such as electoral rights for women). In this manner, new models emerged, which were an offshoot of classical models. These models contributed to the formation of the contemporary institution of citizenship, which brings together different elements of various historical models. This book contributes to research into the evolution of the state (including research into the formation of the nation-state in Europe), as the institution of citizenship is inherently and functionally tied to the state. This work also contributes to research into the evolution of supranational European Union citizenship. The institutional development of the idea of EU citizenship could - along with the unavoidable transformation of all community structures or even the very idea of integration itself - lead to a fundamental change in the contemporary concept of state citizenship. This work could also prove helpful in research into the phenomenon of immigration in Europe, especially into the interdependence between obtaining the citizenship of the host state and the effective integration of immigrants. (shrink)

The International Network of Critical Studies of Tourism, Territory and Self-Determination invites to the: -/- III International Meeting of REESCRITA Research Network Reflections for a Sustainable and Inclusive Tourism -/- to be held from January 29th to February 2nd, 2024 at the facilities of the Monterrey Institute of Technology and Higher Education, Campus Cuernavaca -/- Purposes To analyze the current situation of tourism and territoriality studies, in governmental, legislative, business and social sectors; To identify theoretical and methodological contributions and empirical (...) research results of specialists in various disciplines that converge around tourism studies, such as Anthropology, Organizational Sciences, Legal Sciences, Political Science, Communication, Demography, Economy, Geography, History, Social Psychology, International Relations and Sociology, as well as interdisciplinary areas that imply a vision of sustainability around territory and tourism, such as water, education, environment and sustainability, public health, social work, among others; To publicize research results FOR understanding tourism and its implications in community life, territoriality and environment. -/- Topics: Tourism from the community perspective Governance, territory and sustainability Tourism and health International perspectives for sustainable tourism -/- Participants Researchers Teachers Tourism professionals Public and private institutions related to tourism Academic institutions. (shrink)

Thirty-five papers by outstanding specialists of philosophy of law and comparative law from Western Europe, Central Europe, Eastern Europe, as well as from Northern America and Japan, dedicated to the Hungarian philosopher of law and comparatist Csaba Varga.

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

In this article, we address an existing lacuna in the sociology of the senses, by employing sociological phenomenology to illuminate the under-researched sense of temperature, as lived by a social group for whom water temperature is particularly salient: competitive pool swimmers. The research contributes to a developing ‘sensory sociology’ that highlights the importance of the socio-cultural framing of the senses and ‘sensory work’, but where there remains a dearth of sociological exploration into senses extending beyond the ‘classic five’ (...) sensorium. Drawing on data from a three-year ethnographic study of competitive swimmers in the UK, our analysis explores the rich sensuousities of swimming, and highlights the role of temperature as fundamentally affecting the affordances offered by the aquatic environment. The article contributes original theoretical perspectives to the sociology of the senses and of sport in addressing the ways in which social actors in the aquatic environment interact, both intersubjectively and intercorporeally, as thermal beings. (shrink)

Sociology, as conceived by Comte, was to put an end to the anarchy of opinions characteristic of liberal democracy by replacing opinion with the truths of sociology, imposed through indoctrination. Later sociologists backed away from this, making sociology acceptable to liberal democracy by being politically neutral. The critics of this solution asked 'whose side are we on?' Burawoy provides a novel justification for advocacy scholarship in sociology. Public sociology is intended to have political effects, but (...) also to be funded by the politically neutral state. He argues that public sociology is institutionally neutral, but that committing to an organic relation with a social movement is legitimate as a matter of the sociologist's personal value choice. Although this produces side-taking sociology, by improving the case for particular standpoints it serves to improve democratic discussion generally, which is an appropriately neutral public aim. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

An annotated bibliography of legal epistemology.

This chapter provides a historical reconstruction of how Alfred Schutz’s American writings were critically engaged by the feminist sociologists Dorothy E. Smith and Patricia Hill Collins. Schutz’s articulation of a phenomenological sociology in relation to, among others, the sociology of Talcott Parsons and the philosophies of science of Ernest Nagel and Carl G. Hempel proved fruitful to Smith in the development of her feminist standpoint theory in her 1987 The Everyday World as Problematic: A Feminist Sociology. Collins (...) likewise draws on Schutz’s writing in the development of her own standpoint theory in her 1986 paper “Learning from the Outsider Within: The Sociological Significance of Black Feminist Thought,” but in a way that addresses some of her own concerns with Smith’s feminist sociology. As I hope to show with the recovery of this underappreciated history, the critical insights of Smith and Collins with regard to the possible uses and limits of phenomenology for feminist theorizing, are still valuable today. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are (...) multiple sources of incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

In this article, following on from earlier debates in the journal regarding the ‘thorny issue’ of epochē and bracketing in sociological phenomenological research, we consider more generally the challenges of engaging in reflexivity and bracketing when undertaking ethnographic ‘insider’ research, or research in familiar settings. We ground our discussion and illustrate some of the key challenges by drawing on the experience of undertaking this research approach with a group of competitive swimmers, who were participating in a British university performance swimming (...) programme at the time of the doctoral study. The primary researcher was highly familiar with the phenomenon of competitive swimming, having been both a competitive swimmer and swimming coach. Some of the key elements of a sociological phenomenological approach to studying physical-cultural embodiment are first delineated, before addressing the considerable challenges of engaging in sustained reflexivity and bracketing, using the swimming research for illustrative purposes. We suggest some practical ways in which researchers in sport and physical cultures might approach epochē and bracketing in ethnographic ‘insider’ research. -/- KEYWORDS: Sociological phenomenology, competitive swimming, insider research, epochē/bracketing. (shrink)

This study is a theoretical work in the field of sociology of religion which aims to explain the origin of the act of sin and the fundamental motives of crime and deviation tendencies in this context, from Adam’s story in the Qur'an, the main source of Islam. Sin is regarded as a negative act in religious-cultural sense where one struggles for life and tries to protect itself. Though a direct correlation cannot be established with belief values, the sense of (...) sin can be effective in shaping our everyday life and controlling our behavior. Adam’s story is worthy of examination in this context as it carries the qualification of being a religious text that allows us to study the nature of sin. This is based on the Qur'anic text which we think is the simplest form of expression. Adam and Eve, Satan, Abel and Cain are the actors of this story and prototypes helping us to analyze the nature of sin. In this sense, sin acts in the form of various crimes and deviance behaviors as the result of man's eternity of property, power and status struggle in the person of these prototypes. Some theories which have been put forward about crimes and deviations can give a certain explanation on the subject. Also there is the possibility of giving more comprehensive factual explanations about the act of sin which contains a great deal of crime and deviant behavior, moving from the story of Adam. (shrink)