This article is a theoretical treatment of the ways in which local worldviews on wealth acquisition give rise to contemporary manifestations of spirituality in cyberspace. It unpacks spiritual (occult) economies and wealth generation through a historical perspective. The article ‘devil advocates’ the ‘sainthood’ of claimed law-abiding citizens, by highlighting that the line dividing them and the Nigerian cybercriminals (Yahoo-Boys) is blurred with regards to the use of magical means for material ends. By doing so, the article also illustrates that the (...) intersectionality of the spirit world and the acquisition of wealth (crime or otherwise) is connected with local epistemologies and worldviews, and its contemporaneity has social security benefits. Therefore, the view that the contemporary manifestations of spirituality in cyberspace signify a ‘new-danger’ and an ever-increasing outrage in the Nigerian society is misplaced. I conclude that if people believe all aspects of life are reflective of the spiritual world and determined by it, the spiritual realm, by implication, is the base of society, upon which sits the superstructure comprised of all aspects of life, especially wealth. Inferentially, this conceptual position that the spirit world is the base of society is an inversion of Orthodox Marxist’s theory of economic determinism. (shrink)

Our contention is that while what may be termed woke capitalism is the result of real changes in both the material structure of capitalism and its ideological superstructure, those are not changes pulling in the same direction. The main material development is the consolidation of the shift from a quasi-deterministic to a more pronouncedly probabilistic nexus of class and race. But it is unclear that this makes much difference to the material prospects of the vast majority of people of color (...) or indeed of people in general. Indeed, the racial permeability of the upper classes is accompanied by an increased and inverse racial permeability of the underclass. Diversification is so elite-driven that it is unlikely to proceed beyond the cosmetic, and for that reason it seems that diversification does not necessarily correspond to any major structural changes in the relations between groups of people, whether we consider them as arranged by class, race, or the intersection of the two. It follows that the politics of representation should not be regarded as a vehicle for the agenda of the materialist left. We propose instead a responsive universalist approach—responsive to racism and all other forms of marginalization and different from the homogenizing universalism of class-only politics. (shrink)

The #MeToo movement generated a feminist insistence that we “believe women.” But the men accused of assault, harassment, and other violations frequently defended themselves with the insistence that they had always “respected women” – sometimes, going so far as to get numerous women to sign letters swearing that these men had always respected them. This common MeToo defense reveals the core inconsistency – and the core entitlement – at the heart of misogyny and sexual injustice: some women deserve respect. But (...) the duty to respect those women relies on an invisible entitlement to disrespect – indeed, to assault, harass, dominate, or exploit – others. This chapter explores consent’s role within the superstructure of misogyny and sexual injustice, arguing what consent is a key apparatus of white supremacy. It argues that consent has been constructed through dynamics of colonial and racist sexual entitlement, mapping some (white) women as deserving of respect and the right to consent, while marking other women as expendable or disposable within the sexual economy. This means not only that consent is historically constructed as white, but also that whiteness, and in particular, white womanhood, is constructed through consent. Thus, white women’s right to consent – or to refuse – is premised upon the inability of other women to do so. In this way, the right to sexual consent does not disrupt the norm of male sexual entitlement. Consent has always been premised on non-consent, from coloniality and slavery to contemporary porn, which offers a vision of the world without proper consent, so that granting consent to actual women is an exceptional practice, an “act of respect.” By including race and class alongside gender in my analysis of consent, I argue that contemporary feminist visions of sexual justice must do more than defend or ameliorate consent, but develop intersectional interrogations of sexual justice that reckon with the complicities of consent. (shrink)

The foundation of a building connects the main body superstructure to the ground. Every form of foundation and footing have a unique application in a given location for a certain weather condition. Understanding the foundation work is crucial for carrying out building activities. Due to the variety of structures they support, foundations are frequently built in different subsoil conditions and are exposed to static loads. The proper evaluation of soil-bearing capacity is fundamental to the construction of various buildings. One of (...) the quick, easy, and affordable ways to determine soil carrying capacity is the plate load test. The effect of subsoil conditions on the test results is assessed and analyzed in thorough parametric investigations. An overview of axial static and dynamic plate load testing will be given in this study. This article presents detailed processes and schematics. In an effort to highlight the differences and shared characteristics of the results, computational test results of the static load plate test and the dynamic load plate test are contrasted. A load cell, a steel plate, a hydraulic actuator mounted on a big truck to apply a load, a load cell to measure the load, and one or more linear variable displacement transformers to measure the vertical displacements make up the test setup. The maximum thrust load that should be applied to a fixed or stationary actuator when it is not moving is known as a "static load depending on the actuator's static load capacity, we can determine what a safe load is. The maximum thrust load that should be applied to the actuator while it is moving is known as a dynamic load. Dynamic load capacity refers to how much force an actuator can exert when driven and extending or retracting. With each method's benefits and drawbacks considered, it can be determined that using them in various situations and agreeing to the confrontation of these tests for the purpose of comparing results is the best course of action in order to have a base that satisfies the construction standards. (shrink)

This chapter presents an account of Merleau-Ponty’s interpretation of the body schema as an operative intentionality that is not only opposed to, but also complexly intermingled with, the representation-like grasp of the world and one’s own body, or the body image. The chapter reconstructs Merleau-Ponty’s position primarily based on his preparatory notes for his 1953 lecture ‘The Sensible World and the World of Expression’. Here, Merleau-Ponty elaborates his earlier efforts to show that the body schema is a perceptual ground against (...) which the perceived world stands out as a complex of perceptual figures. The chapter clarifies how Merleau-Ponty’s renewed interpretation of the figure-ground structure makes it possible for him to describe the relationship between body schema and perceptual (body) image as a strictly systematic phenomenon. Subsequently, the chapter shows how Merleau-Ponty understands apraxia, sleep, and perceptual orientation as examples of dedifferentiation and subtler differentiation of the body-schematic system. The last section clarifies how such body-schematic differentiating processes give rise to relatively independent superstructures of vision and symbolic cognition which constitute our body image. It, moreover, explains how, according to Merleau-Ponty, the cognitive superstructures always need to be supported by praxic operative intentionality to maintain their full sense, even though, in some cases, they have the power to compensate for praxic deficiencies. (shrink)

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)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

In his 1953 lectures at the College de France, Merleau-Ponty dedicated much effort to further developing his idea of embodied subject and interpreted fresh sources that he did not use in Phenomenology of Perception. Notably, he studied more in depth the neurological notion of "body schema". According to Merleau-Ponty, the body schema is a practical diagram of our relationships to the world, an action-based norm with reference to which things make sense. Merleau-Ponty more precisely tried to describe the fundamentally dynamic (...) unity of the body, i.e. the fact there are various possibilities how the practical "diagram" of body schema could be de-differentiated (in pathology) or further refined (via cognitive and cultural superstructures, symbolic systems). This chapter summarises Merleau-Ponty's interpretation of the notion, while contrasting it to the more traditional understanding of the body in phenomenology and recent philosophical texts dealing with body schema. (shrink)

This is Part 1 of an article aimed at defending Marx against orthodox Marxists to reveal the possibilities for overcoming capitalism. It is argued that Marx’s general theory of history as technological determinism along with his call for the dictatorship of the proletariat is inconsistent with his profound insights into alienation and commodity fetishism as the foundations of capitalism. Humanist Marxists focused on the latter in opposition to Orthodox Marxists, but without fully acknowledging this inconsistency and its implications, failed to (...) realize the full potential of Marx’s work. The outcome has been the triumph of “neoliberalism,” effectively a synthesis of the worst aspects of capitalism with Soviet managerialism. Here I argue that eco-Marxists should combine humanistic Marxism with the defence of genuine science to revive a tradition of thought going back to Aleksander Bogdanov and Ernst Bloch, and to Marx himself. However, traditional Marxists’ lack of appreciation of the importance of the “superstructure” has hindered even eco-Marxists from developing the culture required to replace capitalism. In Part 2 I will argue that the call for an “ecological civilization” brings into focus what is required: a realistic vision of the future based on ecological concepts. -/- . (shrink)

The phenomenological point of view of the body is usually appreciated for having introduced the notion of the ‘lived’ body. We cannot merely analyze and explain the body as one of the elements of the world of objects. We must also describe it, for example, as the center of our perspective on the world, the place where our sensing is ‘localized’, the agens which directly executes our intentions. However, in Husserl, the idea of the body as lived primarily complements his (...) objectivism: the body (Leib) is an objective and mental reality, a ‘double unity’, as he writes. In contrast, Merleau-Ponty’s later considerations of the body in Phenomenology of Perception tend to the idea of a circular relationship between the objective and subjective dimensions of the body – between the objective and the lived. One of the means to overcome the idea of the body as a site of the correlation between two opposite and complementary realms is, for Merleau-Ponty, the philosophical interpretation of an early neurological notion of ‘body schema’. Body schema is neither an idea nor a physiological-physical fact, it is rather a practical diagram of our relationships with the world, an action-based norm in reference to which things make sense. In the recently published preparatory notes for his 1953 courses, Merleau-Ponty dedicates much effort to further developing the notion of body schema, and interprets fresh sources that he did not use in Phenomenology of Perception. Notably, he studies various possibilities of how this practical ‘diagram’ can be de-differentiated (pathology) or further refined (cognitive and cultural superstructures, symbolic systems), which shows the fundamentally dynamic unity of the body. This paper summarizes the basic elements of Merleau-Ponty’s 1953 renewed philosophical interpretation of the notion of body schema, while contrasting it to the more traditional understanding of the body in phenomenology and in recent philosophical texts dealing with body schema. (shrink)

This blog post begins by showing the pejorative connotations inherent in the term 'Hindu' and goes on to lay bare the differences between Hinduism and other religions including Jainism and the Abrahamic religions. So that this necessary project of dialogues is not hijacked by celibates of various traditions; the post ends with these reflections: "The Hare Krishna movement, and all other prominent movements within the Sanatana Dharma including the various well known cults of hero-worship are all structured around centralised (...) class='Hi'>superstructures which we acquired during our long history of colonisation. Many of these movements appeal to the Western mind because they are authoritarian with strict rules. But these rules have been negated within the Sanatana Dharma by thinkers ranging from Sri Utpaladeva to Sri Abhinavagupta to Sri Kshemraja. The Sanatana Dharma stresses marriage over celibacy not because it is akin to Protestantism. There is none to protest against. Nor is it better to marry than to burn. It is simply this; marriage is not a lower state than other choices in life. It is a first step towards recognising that one can indeed be two who form a monad.". (shrink)

The purpose of the paper is to consider genesis and approaches to forming a security culture of tourism and hospitality enterprises that are superstructures of economic, industrial, professional, household, ecological, psychological and social security. In the research, apart from general scientific methods, we used the collection and analysis of primary information obtained from the survey of 220 respondents. Three areas that have a decisive influence on the security of tourism and hospitality enterprises have been identified: organizational culture, decision-making responsibility, (...) and competitiveness. The decision-making methods for different leadership styles were identified. There were conceptualized connection and strength of correlation between types of strategic decisions, leadership styles and organizational culture of tourism and hospitality enterprises. It has been proposed the factors’ configuration relevant to the security of tourism and hospitality enterprises, which focuses on the economic security formation as a function of organizational culture, responsibility for decision making and competitiveness. The styles of leadership and decision-making styles have been revealed, which determine the effectiveness of economic security of tourism and hospitality enterprises. (shrink)

Usually regarded as a 1970s phenomenon, this article demonstrates that the debate between Jürgen Habermas and Niklas Luhmann continued until Luhmann’s death in 1998, and that the development of the two theorists’ positions during the 1980s and 1990s was characterised by convergence rather than by divergence. In the realm of legal theory, the article suggests, convergence advanced to the extent that Habermas’ discourse theory may be characterised as a normative superstructure to Luhmann’s descriptive theory of society. It is further shown (...) that the debate’s result was an almost complete absorption of Habermas’ theory by Luhmann’s systems theoretical complex – an outcome facilitated by Luhmann’s deliberate translation of central Habermasian concepts into systems theoretical concepts. The article argues that both the debate and Habermas’ conversion were made possible because not only Habermas’ but also Luhmann’s work can be considered a further development of the German idealist tradition. What Luhmann did not acknowledge was that this manoeuvre permitted the achievement of Habermas’ normative objectives; nor did he notice that it could eradicate a central flaw in the system theoretical construction, by allowing the context within which distinctions are drawn to be mapped – an issue of pivotal importance for grasping relationships between different social systems, and coordinating them, via the deployment of legal instruments. (shrink)

A discussion of the birth and adventures of a concept created by Marxist authors at the time of the Russian revolution, sometimes under the term 'economic materialism' and the subsequent discussion by Polanyi of Marx's own economicist fallacy.

The unresolved dilemma of Marxian theory is whether the overall social constellation may legitimately be called 'mode of production' because mono-causal economic explanations are acceptable or whether there is instead a more complex causality at the level of the 'ökonomische Gesellschaftsformation', i.e. the social constellation as a whole.

Abstract - This paper primarily harps on the issue whether the admission of universals (Especially as discussed in this paper resemblance and supervenience) would impose any extra burden on the ontology. In this connection I would like to make a special mention of the fact that metaphysical issues dealt in Philosophy are quite relevant in medical ethics and management speculations or even in marketing. In this paper both the relation of Supervenience and that of Resemblance is dealt which undoubtedly helps (...) in the understanding of properties, the structure or orientation of any programming or theory. So the present paper may be a sure help in prioritization of issues in case of management study or in the removal of any disharmony generated in patients after treatment of an ailment. Keeping this in mind I have tried to analyze the almost known fact that providing an account of sameness of type is the compulsory task for any theory of Universals since unless the question of sameness of type is answered and a philosophical superstructure is unfolded the question of making or arriving at an ontology which is not unduly burdened can at all be addressed. I started with the Realist and the Nominalist. In order to arrive at this position I had first discussed about the positions of the different types of Nominalism. I have also tried to show how realism and the different forms of nominalism have made an attempt to explain the compulsory task of giving an account of sameness of type. I have seriously dealt with a very crucial point of considering resemblance as a relation and supervenience as a relation. Here one thing is stressed on namely that both supervenience and resemblance if and when considered as a dyadic universal which binds two relatas, it works as a property of a pair ( relatas). So it can very well be thought of as gaining a separate status over and above the pair that it unites. The whole discussion on a non-cumbersome ontology thus gains its strength at this point when such extra burden is ruled out by both supervenience and resemblance nominalism theory. I have made an attempt also to show that a burden less ontology can also be achieved if further questions on the issue of similarity being subjective or objective or simply as innate be addressed. (shrink)

Why, at a certain point in history, did the regulation of human relations acquire jurisdictional status? Why did class rule take the form of an official state power? What, in the complexity of social relationships, did the formal application of norms correspond to? But above all, why did the law, here meant as a system of legal norms, turn out particularly suited to social and economic capitalist developments? From an explicitly Marxist point of view, the author explores Evgenij Bronislavovic Pashukanis's (...) "Theory of Law and Marxism" (1924), which is the first theoretical and organic attempt to define the structural goal of the law, not in terms of pure form, but in those of a system with systematic organization of production, thus revealing that the development of bourgeois law was not at all accidental but indeed essential to the functioning and existence of the capitalist production relationships. Towards this precise direction, “law, as a constituent element of production relations, is no longer defined by the traditional scheme of a mere ideological superstructure, but it is itself the very structure, already inherent in capitalist socialization, which is entirely immanent to society”. This captures the innovative specificity of Pashukanis's heterodoxy, certainly the greatest Marxist jurist of all time. (shrink)

Ratnakarandaka-śrāvakācāra, comprising 150 verses, is a celebrated and perhaps the earliest Digambara work dealing with the excellent path of dharma that every householder (śrāvaka) must follow. All his efforts should be directed towards the acquisition and safekeeping of the Three Jewels (ratnatraya), comprising right faith (samyagdarśana), right knowledge (samyagjñāna) and right conduct (samyakcāritra), which lead to releasing him from worldly sufferings and establishing him in the state of supreme happiness. The treatise expounds an easy-to-understand meaning of ‘right faith’: To have (...) belief, as per the Reality, in the sect-founder or deity (āpta or deva), the scripture (āgama or śāstra), and the preceptor (guru). It specifies criteria to distinguish between the real and the counterfeit enabling one to eliminate follies attributable to wrong faith. Only the householder who has right faith establishes himself on the path to liberation. Right faith is the treasure chest of whatever is propitious and worthy; wrong faith of whatever is inauspicious and contemptible. After laying the foundation called the right faith, Ācārya Samantabhadra goes on to complete the superstructure known as the Three Jewels (ratnatraya) with the remaining two elements, right knowledge and right conduct. The householder who has attained right faith on the destruction of darkness of delusion is fit to attain right knowledge and right conduct. He gets rid of the conduits of demerit (pāpa) comprising injury, falsehood, stealing, unchastity, and attachment to possessions. Further, he observes three subsidiary vows (guņavrata), and four instructional vows (śikşāvrata). Giving up of the body in a manner that upholds righteousness (dharma) on the occurrence of a calamity, famine, senescence, or disease, from which there is no escape, is called the vow of sallekhanā. Sallekhanā has been termed as the final fruit or culmination of penance (religious austerity) and, therefore, all persons with right faith, the ascetic as well as the householder, look forward to attaining voluntary, passionless death at the appropriate time. The treatise finally describes the eleven stages (pratimā) of the householder’s conduct. (shrink)

Habituellement considéré comme un phénomène des années 1970, le débat entre Jürgen Habermas et Niklas Luhmann s’est en réalité poursuivi jusqu’à la mort de Luhmann, en 1998 ; et l’évolution des positions des deux théoriciens au cours des années 1980 et 1990 s’est caractérisée par une convergence, plutôt que par une divergence. Dans le domaine de la théorie du droit, suggère cet article, la convergence a progressé dans la mesure où la théorie de la discussion (Diskursetheorie) d’Habermas peut se caractériser (...) comme une superstructure normative au regard de la théorie descriptive de la société formulée par Luhmann. De plus, le résultat du débat a été une absorption presque complète de la théorie habermassienne par le complexe de la théorie des systèmes de Luhmann – issue facilitée par le fait que ce dernier a délibérément traduit les concepts habermassiens centraux dans les concepts de la théorie des systèmes. Le débat et la conversion d’Habermas ont été possibles parce que le travail de celui-ci mais aussi celui de Luhmann peuvent être considérés comme un fruit de la tradition idéaliste allemande. Luhmann n’a pas vu que cette manœuvre permettait la réalisation des objectifs normatifs d’Habermas ; pas plus qu’il n’a perçu qu’il pouvait éradiquer une faille centrale de la construction de la théorie des systèmes en permettant de cartographier le contexte dans lequel les distinctions sont tracées – problème d’importance cruciale pour saisir les relations entre les différents systèmes sociaux et les coordonner via le déploiement d’instruments juridiques. (shrink)