This chapter contains sections titled: Nineteenth‐Century Idealism From Idealism to Nineteenth‐Century Constructivism: The Case of the Historical School From the Turn of the Century to World War II: Disintegration and Reconstruction The Period from 1933 to 1945: “Völkische” Jurisprudence The Period from 1945 to the Present: From Natural Law to Postmodernism References.

The received view on the nature of legal authority contains the idea that a sound account of legitimate authority will explain how a legal authority has a right to command and the addressee a duty to obey. The received view fails to explain, however, how legal authority truly operates upon human beings as rational creatures with specific psychological makeups. This book takes a bottom-up approach, beginning at the microscopic level of agency and practical reason and leading to the justificatory framework (...) of authority. The book argues that an understanding of the nature of legal normativity involves an understanding of the nature and structure of practical reason in the context of the law, and advances the idea that legal authority and normativity are intertwined. This point can be summarised thus: if we are able to understand both how the agent exercises his or her practical reason under legal directives and commands and how the agent engages his or her practical reason by following legal rules grounded on reasons for actions as good-making characteristics, then we can fully grasp the nature of legal authority and legal normativity. Using the philosophies of action enshrined in the works of Elisabeth Anscombe, Aristotle and Thomas Aquinas, the study explains practical reason as diachronic future-directed intention in action and argues that this conception illuminates the structure of practical reason of the legal rules' addressees. The account is comprehensive and enables us to distinguish authoritative and normative legal rules in just and good legal systems from 'apparent' authoritative and normative legal rules of evil legal systems. At the heart of the book is the methodological view of a 'practical turn' to elucidate the nature of legal normativity and authority. (shrink)

The relationship between law and morality is a topic which receives special importance and attention, especially in "liberal democracies" in which the law is supposed to regulate highly pluralized and fragmented societies. Under conditions of plurality of values, many social forces and legal theories require a certain kind of neutrality from the legal system, a means of compatibility of the many "world views" and "moral systems" that are present within the same social space. Such a conciliating (...) commitment sounds particularly relevant in times of the doctrinal ubiquity of ideas such as "peace based on human rights". This was the title of the 28th World Congress of the IVR in Lisbon, with the special workshop "Law and Morals" on which this book is based. It is divided into four parts: "Law and Practical Reason", "Conceptual Approaches on Law and Morals", "Legal versus Moral Normativity", and "Morals and Legal Positivism". (shrink)

The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the (...) systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas. (shrink)

Legislation for dementia care needs to be continually rethought, if the rights of older persons and other persons with dementia are to be addressed properly. We propose a theoretical framework for understanding vulnerability and dependency, which enables us to problematize the currently prevailing legal conception of adults as always able — irrespective of health or age — to act autonomously in their everyday lives. Such an approach gives rise to difficult dilemmas when persons with dementia are forced to make decisions (...) on their own about basic living conditions, such as housing and care, without decision-making support. In Sweden, for example, such matters are frequently left to the person him- or herself to decide, often without any assistance from social workers, and with family members serving as caregivers of last resort.Using vulnerability theory as the framework for our discussion, we argue that policymakers should not apply a group-oriented approach (based on factors like age, legal status, or mental capacity) to persons suffering from dementia. The needs of such individuals are as complex and varied as they themselves are. We discuss our findings from an interdisciplinary (law/social work) research project in which we examine the dilemma that social workers face when they are required, under the terms of the Swedish Social Services Act, to determine whether persons with dementia are to be granted support.We argue further that a cross-disciplinary approach — in which vulnerability theory furnishes the framework — opens up for new ways of understanding and developing social welfare law and practice. This, we believe, can help us better address the rights, interests, and needs of people with dementia, of their families, and of professionals in the social welfare system. Finally, many of the problems faced by ageing societies in general can be understood on the basis of such an approach. (shrink)

Republicans understand freedom as the guaranteed protection against any arbitrary use of coercive power. This freedom is exercised within a political community, and the concept of arbitrariness is defined with reference to the actual ideas of its citizens about what is in their shared interests. According to many current defenders of the republican model, this form of freedom is understood in strictly negative terms representing an absence of domination. I argue that this assumption is misguided. First, it is internally inconsistent. (...) The central republican focal point of arbitrariness is a necessarily socially constructed ideal that only exists as the creation of the citizens themselves. Second, republican freedom operates in two distinct realms or spheres. There is freedom under a law that is required to uphold the collective good as reflected in society’s norms, and there is freedom within that very system of norms. The threats to freedom from within each sphere are different and must be addressed accordingly. The negative approach, however, conflates the two and emphasises only the dangers faced under the law. This exposes citizens – especially those from marginalised social groups – to domination in the second realm from oppressive social norms. Only by clearly recognising the nature of both kinds of threats can a comprehensive republican freedom be formulated. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Social theories are heavily context-embedded, and their creation is naturally interwoven with particular contexts. Once they are disseminated within a new societal landscape, adjustments and adaptation should be made. This paper investigates the entangled contexts of the social quality theory and its applicability to Asian societies. rough a comparative analysis of the key questions that this theory purports to answer, as well as its proposed answers and solutions, the study evaluates the purpose, features and functions of (...) the theory. Moreover, in relation to four sorts of 'conditional factors', this article also proposes extending social quality studies into four approaches that should lead the studies beyond the level of description into new forms of theory. The article also explores the theory's power to explain the Asian social quality systems and their implications for global social development. (shrink)

This chapter contains sections titled: A Mirror of Society that Functions to Maintain Social Order Law as Social Ordering The Institutional Form of Law The Semiautonomy of Legal Knowledge and Processes Legal Pluralism Law and Society in the Twenty‐First Century–Law as an Instrument References.

In his book, the Author establishes a connection between al-Juwayni's thought system and the period in which he lived by dealing in detail with the political and legal environment of al-Juwayni's time. This connection is valuable as it helps to clarify his thoughts in many fields. It allows us to understand the intellectual project in the mind of al-Juwayni. This academic project also requires that he not treat his al-Juwayni's works as separate units. The Author's approach was in this direction. (...) According to him, al-Juwayni has an intellectual project seen in his books. The Author, aware that this idea, which shaped al-Juwaynî's academic concerns, was not formulated in a vacuum, examines the sociopolitical environment that left an indelible mark on him. In this context, the Author emphasizes that al-Juwayni witnessed the debates between the Ashʿarīs and the Muʿtazila on the intellectual stage. According to him, the tension produced by the contradictory epistemologies of these two schools in al-Juwayni was influential in his search for certainty in knowledge. While the Author cares about the influence of al-Juwayni's intellectual environment on him, he also states that this is not the only influence on al-Juwayni. According to him, the fact that al-Juwayni lived in a politically turbulent period should also be considered, especially in the search for the certainty of knowledge and continuity of Islamic society. al-Juwayni lived at a time when the rise of powerful dynastic families forced the ʿAbbasid Caliphate into a position of only nominal power and, in a short period, saw contradictory policies implemented against the Ashʿarī/Shāfiʿīs. It led him to preserve and maintain religious thought apart from politics. As a result, al-Juwayni started to think about the role of the leader in maintaining the social order and the role of the scholars in protecting the religion. In an environment where the political elites are constantly changing, his focus has been on enabling the Muslim community to continue its existence in any case. (shrink)

In this article I challenge two arguments central to Hugh Baxter's critical interpretation of Habermas in his recent book, Habermas: The Discourse Theory of Law and Democracy (2011). Both arguments focus on whether Habermas’ system -lifeworld model of society can successfully make space for democratic politics. Baxter highlights problems with both Habermas’ The Theory of Communicative Action [hereafter cited as TCA] and Habermas’ attempts to fix those problems in Between Facts and Norms [hereafter cited as BFN]. Thus, (...) engaging Baxter on these issues provides an opportunity to think about how to read two of Habermas’ most significant texts in relation to each other. Baxter stresses discontinuities but I draw attention to important continuities. The first discontinuity highlighted by Baxter is between TCA's functionalism and BFN's normative approach. By contrast, in section I my article stresses elements of TCA that have been under-appreciated in general and by Baxter in particular, challenging us to rethink aspects of the standard reading of functionalist versus normative moments in the trajectory of Habermas’ thought. More specifically, in the second discontinuity Baxter identifies in BFN a significant shift in Habermas’ understanding of the nature of a ‘system’. I challenge this interpretation in section II and provide what I think is a superior reconstruction of the model presented in BFN. (shrink)

This paper examines the problem of nationalism in Nigeria construed as the search for a basis on which the members of the society can claim a sense of belonging, identity and common purpose. There is a problem of the national question here because ethnicity, corruption, disobedience to law and order, disdain for the rule of law and accountability and the disregard for the value of human life have undermined the social order and eventually created an army of the (...) vulnerable and marginal peoples that can be manipulated for parochial ends. The apparent underperformance of the various instruments of the state such as the police, national assembly, appointed ministers, law courts, prisons, etc, due to inefficiency, injustice, under-funding, politicization and social dissatisfaction have threatened the unity of Nigeria and highlighted deficits in the social order that have made Nigeria to appear as a contested construct or category. Given the above we seek a philosophical approach to building a social system or social philosophy of national integration. (shrink)

Against Nature – Chapter Abstracts Chapter 1. A Transdisciplinary Approach. In this short book you will find philosophy – metaphysical and political - economics, critical theory, complexity theory, ecology, sociology, journalism, and much else besides, along with the signposts and reference texts of the Information Systems field. Such transdisciplinarity is a challenge for both author and reader. Such books are often problematic: sections that are just old hat to one audience are by contrast completely new and difficult (...) to another. My hope is that in the interconnections, arguments and thrust of this polemic, readers will discover both interest and insight, alongside a range of new avenues to explore. This introductory chapter sets the scene – today’s digital world of Tech Giants and Fake News, its roots in the philosophical arguments of the 1920s, and the book’s key claims: (i) that the early 20th century philosophical grounding of today’s digital revolution is culpable in digital’s (growing) contribution to the ecological catastrophe unfolding in the 21st century; (ii) that process philosophy offers a new way to rethink that philosophical grounding, and reshape the digital revolution to support strategies to counter that catastrophe. Chapter 2. The Problem with Digital. This chapter begins with a brief overview of the research approaches in information systems as an academic field, before turning to the deeper roots of its malaise, in individualism, and its looming consequences. The three branches of Information Systems research, in academia, prove to be a useful lens through which to understand the field: Positivism, Interpretivism, and the Critical stance taken by this book. The ‘scientism’ at the root of positivism is examined, and the positivism in Information Systems critiqued as a historically contingent response to the ascendancy of a new brand of economics in Business Schools after the Second World War. But the computational market-fundamentalist form of economics sponsored in the 1950s (and applied by governments since the 1970s) centred around notions of the individual rational actor as an information processor. The philosophical underpinning of methodological and possessive individualism in this approach is exposed, and its influence upon the development – long before computing – of the science of ecology, and our notion of ecosystems, introduced. Chapter 3. The Future Does Not Exist. The philosophical core of the book, this chapter introduces process philosophy. Through an examination of the irreversible reality of subjectivity, Bergson’s famous notion of the durée reélle, and Whitehead’s critique of the bifurcation of subject and object, are introduced. The causally closed ‘time’ of positive science determines existence from the beginning to the end of the universe, be it three seconds or three trillion years. But the reality, of course, is that the future does not exist: our choices are real, and only one of myriad potential futures comes into being at each moment. As Bergson insists, durational succession exists, I am conscious of it; it is a fact. Bergson’s star – once the brightest of any living philosopher in the world – faded almost as quickly as it rose, under the onslaught from the logical positivists whose verificationism insisted that any proposition has no factual meaning if no evidence of observation can count for or against it: all ethics, aesthetics, romance, and metaphysics – and the very subjectivity with which duration is experienced - were thus closed down and dismissed. In this chapter it is reintroduced, to a new audience. Chapter 4. The World in a New Light. Many fundamental problems in the world can be seen as resulting from the false philosophy of bifurcation, fixity, and the reification of abstractions critiqued by process philosophy. Being – with all the isolation and focus upon the individual that it entails – must, if we are to address these problems, be seen as secondary to Becoming, with all the connection, interrelatedness, and complex collectivity that it implies. Choices become clearer, between positivism and interpretivism, between accents upon individualism or collectivism, between reductionist and complex adaptive systems approaches. The systemic individualism in Anglo-American societies can be regarded as actually harmful: the Tech Giants severing ties and bonds rather than connecting us; algebraic ecological models actually breaking the co-dependencies and co-requisites upon which real – complex - ecological health depends. Positivism, built as it is upon methodological individualism, seen in the light of process philosophy, becomes a danger to personal psychological balance – cutting us off from one another; a danger to the social fabric – undermining and impoverishing our civic life; and a danger to the ecological health of the planet – ignoring the immense (eco)systemic impact of our activities over the last centuries upon everything around us in the natural world. Chapter 5. A Theoretical Manifesto for Green IT. We are not islands, and in a process-relational social organisation much must be held in common. We are individuals, but we cannot survive alone. Four different perspectives on individualism show it to be little more than greed. An ecological economics reintegrating the household, the social, the supportive State, and – crucially – the life-giving earth into our polities is introduced and promoted. I introduce the concept of ‘Infomateriality’ – a non-bifurcated digital world where the physical bodies of people - fingers touching keyboards and eyes scanning screens - are as much ‘hardware’ as cabling, circuitboards and haptic interfaces, and the social practices, power relations, and embedded politics within IT artefacts define all such techné as fundamentally social. Abstract divisions are false, and whole, socially embedded systems should be the focus of IS, and from a philosophically and sociologically much deeper perspective. ‘Tech for Good’ is held up as movement in the right direction. My hope is that this book will help promote action, in the field of information systems, toward a better world, where Green Tech for Good is deployed for Nature, rather than against it. (shrink)

Background Social inequities in the healthcare system threaten global health. Efforts to establish equity in healthcare is a key goal of healthcare systems worldwide. Social justice is a basic value of the nursing profession that always merits attention. Objective This study aimed to identify and explain the processes of the nursing profession’s participation in establishing social justice in healthcare system. Research design and methods This qualitative study was conducted using the grounded theory method. Participants and (...) research context Data were collected through in-depth, semi-structured, individual interviews with 26 participants, 23 of whom were members of the nursing profession. Sampling started purposefully and, then, continued with theoretical sampling. Field notes were also taken for data collection. Data analysis was performed using Corbin and Strauss’ 2015 method. Ethical considerations The research was approved by the Ethics Committee of Urmia University of Medical Sciences in Iran. Findings The “Professional Dynamics in the Path of Justice” was the study’s core category. This theory is the result of nine main categories: “inefficient professional authority,” “social justice, a neglected component in education,” “clinical concerns, barriers to nurses’ presence in society,” “individual input reserves to facilitate social justice,” “inadequate maturity of the profession in the path of equity in health,” “promoting justice in clinical practice,” “a tendency to community-oriented profession,” “use of personal approaches for justice promotion,” and “emerging justice-expanding nursing.” These categories cover the underlying factors, strategies, and outcomes of the nursing profession’s participation in establishing social justice process in healthcare. Conclusion The theory of professional dynamics in the path of justice can be used as a practical guide to describe the role of nurses in establishing social justice. Further studies with a quantitative approach to applying this theory are recommended. (shrink)

In today’s world there is diversification of different models of higher education. At the same time, the multiplicity, the diversity of higher education models does not exclude their identity. Internationalization and integration of higher education in a global and international dimension raise a lot of new questions to the theory and practice. Almost every developed country has the rich experience of building the higher education system. The analysis of this experience can aid development and enrichment of the national educational (...) system; it provides an opportunity to avoid repeating the same mistakes and to discover the new approaches to solving some problems in this area. Therefore, based on this, we consider that it is impossible to claim the creation of the strategy of modernization educational and scientific reforms, which affect the educational and scientific institution of the society in the management of scientific and educational space without analysis of the existing models, schools, directions, their classification in contemporary philosophy of education. It concern as well the sphere of the social philosophy of education as the sphere of management of education. The continuity of public education, qualitative management, their intensity can only be achieved under two conditions of the fundamental character. The first one is use of new, theoretically grounded and practically proven management, philosophically developed, accessible and technically supported high technology of social activity, education, training, and learning. The second condition is the perfect acquisition of the methodology of socio-axiological and research activity. The structure must provide the same conditions for equitable selection of civil, educational and scientific-educational actions, excluding coercion and domination. It is noted that the existence of developed civil society among the existing conditions and prerequisites for the successful formation and functioning of educational systems and effective models of multilevel educational management is necessary. Thus, we can conclude that the strategy of the modern world development proposed by the social philosophy of upbringing and education is a key in the field of social administration, philosophy, and pedagogy. This is what we exactly mean by education, science or some of the paradigms of upbringing and education as a dominant one on a certain socio-historical stage. This understanding largely depends on the manner of organization and functioning of civil society in the present and future. (shrink)

This paper proposes a semiotic theory of norms—what I term normative semiotics. The paper’s central contention is that social norms are a language. Moreover, it is a language that we instinctively learn to speak. Normative behaviour is a mode of communication, the intelligibility of which allows us to establish cooperative relationships with others. Normative behaviour communicates an actor’s potential as a cooperative partner. Compliance with a norm is an act of communication: compliance signals cooperativeness; noncompliance signals uncooperativeness. An (...) evolutionary model is proposed to explain how this comes about: evolution has generated an instinctual proficiency in working with these signals much like a language—a proficiency that manifests in an emotional context. We see these social rules as possessing a certain ‘rightness’ in normative terms. This adaptive trait is what we call internalization. Internalization enhances the individual’s ability to speak this code. Because these signals communicate who is and who is not a reliable co-operator, sending and receiving cooperation signals is crucial to individual survival. Individuals who internalized the entire process and thus became more adept at speaking the language were at an advantage. Law seeks to shape the language of norms by maintaining the collective standards of society; as such, understanding how and why this normative language emerges is critical to understanding a core function of law. (shrink)

Is there a distinction between social theory and sociology? Perhaps one of the most general features in sociological thinking is that it is an inquiry to develop holistic explanations for social reality. In this sense, there is a kind of universality of social knowledge in its scientific and philosophical dimensions, and is one of its main purposes for the operation of sociology as a "science of modernity". Next, I will develop a brief reconstruction of meaning which (...) is attributed to science in the modern world, followed by the emergence of an specialized explanation of social reality under the name of social theory, as a result of philosophical conclusions that finish it with Hegel on the one side, and it focuses on a differentiated scientific knowledge as a product of modernity itself, on the other hand. Finally, and following this, I will establish the specific role played by sociology and social theory in this context, by considering that the first describes itself as a science of society-modernity and the second has a critical direction to sociability answers and is specifically linked with political-normative approaches. ¿Existe una diferencia entre teoría social y sociología? ¿Se trata de aproximaciones diferentes a un mismo problema o de problemas con tradiciones diferentes que suelen confundirse? Probablemente el elemento que más caracteriza al pensar sociológico sea su búsqueda o pretensión por desarrollar explicaciones holísticas de la realidad. En este sentido la universalidad en el conocimiento sobre lo social en particular resulta uno de los temas de base para el operar de la sociología en tanto ciencia de la sociedad. A continuación y a través de la observación de pasajes específicos de la tradición inaugurada con Hegel, se desarrollará, por un lado, una breve reconstrucción del sentido que se le atribuye a la ciencia en el mundo moderno, seguido, por otro, de la emergencia de un saber especializado de la realidad social bajo el nombre de teoría social de una parte y sociología de otra. Siguiendo lo anterior, se establecerá el papel específico que juega la sociología y la teoría social, entendiendo que a la primera se le entrega el apelativo de ciencia de la sociedad-modernidad y a la segunda una orientación más marcada a las preguntas por la sociabilidad y específicamente vinculada a orientaciones político-normativas. (shrink)

The crisis resilience of vital social systems is currently the target of constant development efforts in Finland, as their drifting into crisis would weaken societies’ functional abilities, safety, and security. This is also the case regarding the Finnish health care system. In an attempt to move beyond existing frameworks of crisis imagination, this article takes an unconventional stance by elucidating endogenous crisis dynamics present in the Finnish health care system. Delphi process was conducted for top experts in Finnish (...) health care and crisis management. With a dissensus-seeking orientation, our aim was to fertilize disagreements among panelists to reveal key vulnerabilities in the health system. Despite our efforts to evoke dissensus, the panelists ended up generating a consensus that aims to protect the underlying assumptions of the health system’s knowledge structure. Through inductive analysis of expert discourses, the data was analyzed through our research question “what constitutes a crisis-proof health system and a crisis-prone health system”. What is framed as a strength of the system by our panelists, namely the ability to maintain legitimacy, improve efficiency, and guarantee continuity, can still have questionable implications that are left ungrasped. A system’s theory approach illustrates how such effects can develop and escalate beyond the reach of social interventions, and thus be predisposed to cause objectionable yet concealed social crises. The discussion illustrates how these endogenous crisis dynamics could be seen to materialize in real-life cases. (shrink)

Friedrich Kratochwil's book explores the role of law in the international arena and the key discourses surrounding it. It explains the increased importance of law for politics, from law-fare to the judicialization of politics, to human rights, and why traditional expectations of progress through law have led to disappointment. Providing an overview of the debates in legal theory, philosophy, international law and international organizations, Kratochwil reflects on the need to break down disciplinary boundaries and address important issues in both (...) international relations and international law, including deformalization, fragmentation, the role of legal pluralism, the emergence of autonomous autopoietic systems and the appearance of non-territorial forms of empire. He argues that the pretensions of a positivist theory in social science and of positivism in law are inappropriate for understanding practical problems and formulates an approach for the analysis of praxis based on constructivism and pragmatism. (shrink)

A sequence of theoretical models is constructed as an extension to Leszek Nowak's theory of socialist society to explain important characteristics of the violent party purges in Soviet Stalinism. According to these models, purges are a regular and systemic feature of a socialist system during a certain phase of development (modelled as the phase of social enslavement). Contrary to traditional conceptions which interpret the purges essentially as resulting from the actions of an almost omnipotent, and partly irrational, (...) despot, the models presented here provide an explanation which does not need to conceive Stalin as the architect of terror (Robert Conquest), i.e. as the long-term planner of the terror. However, the concepts presented here preserve the vital arguments of the traditional approach, thereby contradicting the revisionist pattern of interpretation. In particular the models seek to provide a theoretical base for an explanation of the moderation of inner-party terror from 1938. This moderation is interpreted as resulting from a modification of the then existing ideology (and corresponding habits of the party's leadership); a modification which in itself had been stimulated by the disastrous effects of the great purge in 1937/38. This modification can be theoretically conceived as a process of ideological learning. The historical fact that the post-war purges (i.e. the Leningrad affair in 1949 and the Mingrelian affair 1951/52) did not reach such an enormous extent as the purges of the late 1930s may thus be attributed to a process of ideological learning. (shrink)

The article examines the process of formation and evolution of political elites, as well as changes in their functioning under the conditions of globalization and technological transformations. The aim of the work is to analyze historical approaches to the study of political elites and their evolution in the context of contemporary changes. The research is based on a comparative method that allows identifying the key trends characterizing the functioning of elites in various political systems and social (...) contexts. The relevance of the study is determined by the need to reassess classical approaches to elites, particularly in the context of the influence of global factors such as international organizations, transnational corporations, and the development of information technologies. The problem of democratic legitimacy of political elites in the conditions of postmodernism, especially in post-Soviet countries, where political elites are influenced by both internal and external factors, is highlighted. The main results of the research include the identification of key stages in the development of political elites, as well as new approaches to studying them in the context of technological and social changes. Specifically, the role of information technologies in changing political communication and the influence of new social groups on the formation of political elites are analyzed. New approaches to ensuring the democratic legitimacy of elites through feedback mechanisms between elites and voters are also considered. The practical significance of the work lies in revealing modern trends in the evolution of political elites, allowing for a deeper understanding of their role in democratic processes and political changes. It also opens new perspectives for research in political theory, particularly in the context of globalization, the influence of international institutions, and the impact of new technologies on political structures. The conclusions of the article highlight the importance of reassessing traditional approaches to the study of political elites in the context of contemporary challenges such as globalization, digitalization, and changes in the social structure of society. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to (...) humanity. Nuclear wars, natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

This article is dedicated to the 30th anniversary of the publication of Niklas Luhmann’s book The Science of Society. The system-communicative approach to the analysis of science is reconstructed with a focus on the relation of science to its highly complex external world. The problem of complexity is posed as a key one and is considered in the context of the communicative “reduction of the complexity” of the external world, which science actualizes through its unique binary opposition (truth/falsehood distinction). (...) The complexity of the world that science is facing disintegrates into two large areas. On the one hand, science processes its own external world, i.e., nature, society, the human psyche, as its object and thus fulfills a unique function, the pursuance of research. Scientific communication in this case can be integrated in the form of transdisciplinary studies. On the other hand, science has to respond to the complexity of the internal (i.e., social) external world of the communicative system of science, namely, to interfaced communicative systems of the embracing system of world society (politics, economy, religion, education, law, etc.). In the latter case, science does not fulfill a function but delivers achievements on request to the above-mentioned communicative systems in exchange for resources for interdisciplinary studies, which are occasional and cannot serve for integrating scientific communication on a systematic basis. We will propose some corrections to this theory and apply it to the situation in Russian science. (shrink)

A legal system consists of a complex body of practices—primary and secondary—, particularly practices of reasoning and justification. The intellectual, theorized aspect of legal order is embodied in legal doctrine: the corpus of norm-sentences, norms and rules, principles, doctrines and concepts used as basis for legal reasoning and justification. It includes elaborate conceptual structures of principles and doctrines, explicit and sophisticated forms of reflection and criticism. It is only when we have understood the nature of legal doctrine that we can (...) comprehend the workings of courts, lawyers and even legislatures. Concerning the need for a new conception of legal theory one question arises, above all, especially when external and internal observation as well as the critical reflection of the premises and presuppositions of all dealings with the law permit a degree of distance, the question, namely, whether it is not an increasing application of scientific methods that is needed, in the sense that the development of a legal theory from the beginning involves the integration of a norm-descriptive point of view and intellectual stand-point with the norm-prescriptive theory of law, by way of complementing each other, as it were (multi-level-approach to law). This, at least, appears to be the only way of clarifying also the relationship between le­gal theory and philosophy and the theory and sociology of law. The inevitable consequences of the development of a theory of norms and action also have to be drawn from this. (shrink)

The theme of this issue of Ethical Perspectives is the French tradition in liberal thought, and the unique contribution that this tradition can make to debates in contemporary liberalism. It is inspired by a colloquium held at the Katholieke Universiteit Leuven in December of 2008 entitled “In Search of a Lost Liberalism: Constant, Tocqueville, and the singularity of French Liberalism.” This colloquium was held in conjunction with the retirement of Leuven professor and former Dean of the Institute of Philosophy, André (...) Van de Putte, who found much inspiration in this tradition. A revised version of his valedictory lecture from the conference serves as the final contribution to this issue. Much contemporary liberal political philosophy is currently done in conversation with a line of liberal thinkers starting with John Locke, running through Immanuel Kant and John Stuart Mill, and culminating in the work of John Rawls and his followers. The reasons for the enormous appeal of this philosophical tradition are, among other things, the combination of the central role of the intuitively appealing value of individual liberty with a strong rationalistic, universalistic, and normative character. The thread running through most of these liberal theories is a commitment to what the French liberal Benjamin Constant referred to as “the liberty of the moderns,” that is, liberty in a negative sense, as a lack of interference in one’s activity from others and from government. This focus has expanded over time to include a richer body of civil, political, social, economic and cultural rights, for instance, in the work of liberal thinkers who have tried to integrate the insights of communitarian thought and discourse ethics in their work. However, the emphasis on individual liberty in the negative sense continues to be the normative and theoretical touchstone and default position for many contemporary liberal theories. The limitation of the canon of liberal thought to the aforementioned authors and themes deprives the contemporary debate of a rich source of ideas: the French liberal tradition. Montesquieu, considered to be the father of this tradition, provides a good example of how it can enrich current debates in liberal theory. Montesquieu’s work evinces a keen eye for the dynamics of power relations and the limitations of the power of the better rational argument. His insight that power can sometimes only be checked by an equal and opposing power, so that a system of separation and balance of powers is necessary in order to preserve liberty, is reflected in the foundations of most modern democracies. Montesquieu also argues that contingent environmental, historical, social and economic conditions play a dramatic role in determining what kind of government is appropriate for a particular society. On his view, ignoring these facts when framing a government can inadvertently end in despotism. Montesquieu’s observations challenge us to reexamine some of contemporary liberalism’s universalist and rationalist claims. Benjamin Constant is most famous for his distinction between two kinds of liberty: the liberty of the ancients and the liberty of the moderns. The ancient form of liberty manifested itself in the active political participation of citizens in the ancient republic. While this form of government and decision-making was suitable for small, homogeneous city-states, Constant argues that it is impracticable for large modern nation-states. Hence, the concept of modern liberty shifts to an emphasis on the rule of law and the non-interference of the state in private matters. This form of liberty is familiar to us from contemporary liberalism – and Constant cherishes this form of freedom as much as any liberal does today. However, his position is complex: he also argues that the liberty of the ancients should not be neglected. Active political participation is needed to ensure that the government is executing its duty of preserving the modern form of liberty by publicly pointing out violations. The contemporary relevance of Constant’s work is clear when we consider the alleged “democratic deficit” that plagues the EU and international institutions such as the UN, the IMF, and the World Bank. Not only does this democratic deficit threaten the modern form of liberty by placing decision-making processes out of sight of the people, it also threatens citizens’ sense of self-respect derived from self-governance. Constant’s argument for the necessity of combining the liberty of the ancients with that of the moderns provides a fruitful resource for confronting these contemporary issues. Tocqueville’s work on liberalism benefits from his opportunity to observe a society founded on liberal democratic principles – the United States of America – in action. In his Democracy in America, he examines the social consequences, both intended and unintended, of building a society on ‘the equality of conditions’, as he defines ‘democracy’. Tocqueville sees a tension between the democratic value of equality and the aristocratic value of the rule of the best. He observes that democratic societies do not necessarily choose the best leaders and instead promote mediocrity instead of virtue, talent, and excellence. Democracy also confronts citizens with the threat of ‘soft despotism’, where a government that preserves the outer signs of the liberty of the moderns nevertheless controls the behavior of its citizens in minute detail through a system of detailed rules ostensibly aimed at their welfare. This paternalism is an even more insidious threat to liberal values than the hard variety of despotism, since it is so difficult to detect and done in the name of liberal values themselves. Taking Tocqueville’s observations seriously would add complexity to attempts to theorize about the modern social-democratic welfare state. The contributions to this issue supplement and critique mainstream liberal thought and its relation to contemporary issues through a serious engagement with the French liberal tradition. Annelien De Dijn’s contribution discusses Bertrand de Jouvenel, a lesser-known 20th Century representative of the French political tradition she terms ‘aristocratic liberalism’. This tradition has its roots in the work of Montesquieu, and emphasizes the importance of intermediary bodies, most importantly the aristocracy, in providing a check to the top-down power of despotic state authorities and the bottom-up power of revolutionary leveling tendencies, both of which threaten liberty. De Dijn situates Jouvenel in this tradition, but then indicates an important difference between his thought and that of his predecessors: his most significant work, On Power, is not only on French history, but on European history. Pointing to the enthusiastic reception of this work in the Anglophone world, she suggests that the rise of totalitarianism in Europe gave the anti-totalitarian features of aristocratic liberalism a broader appeal. Valentino Lumowa’s paper concerns Constant’s classic text, The Liberty of the Ancients Compared with that of the Moderns. Lumowa argues that in order to understand Constant’s piece, we must be aware that its two parts were written under different historical circumstances and decipher the argumentative thrust inherent in the text. Following Stephen Holmes, he argues that to understand the shift Constant made in the second part of the text, we should read it within the context of the increasing influence of the ultra-Royalists in the legislature during the Bourbon Restoration. However, in contrast to Holmes, he contends that the spirit of both civic and individual freedom, which enlivens representative system, is the backbone of the text in its unity. Demin Duan’s essay investigates an apparent ambivalence between liberal and imperialist tendencies in the work of Alexis de Tocqueville, which has already drawn some attention from Tocquevillian scholars. These interpretations of Tocqueville and his writings on empire generally agree that Tocqueville stands in a recognized tradition of liberalism, which is characterized by respect for human rights, individual freedom and a sense of universal humanism. On this standard view, Tocqueville’s support of imperialism represents nothing but an unfortunate breach of his own otherwise consistent liberal thinking. Duan’s article questions this standard position. By questioning the assumption of Tocqueville’s liberalism in the first place, he tries to gauge the influence of both the old republican tradition and the new liberal perspective on his thinking. In conclusion, he argues that Tocqueville’s overall thought, especially his notion of freedom, is very much informed by an old republican tradition. His support of French imperialism could be better understood from this perspective rather than be rendered simply as a deviation from liberal norms. Pawel Marczewski’s contribution is an attempt to show that Tocqueville’s conception of liberty transcends the divisions between negative and positive aspects of freedom. He begins by juxtaposing this conception with the opposition drawn by Constant between liberty of the ancients and liberty of the moderns. While Tocqueville and Constant shared a concern for the preservation of individual rights, Tocqueville was much more reluctant to accept the modern loss of the communal dimension of liberty. He did not accept the view that jouissances privées, private pleasures, are the main compensation that the modern world has to offer for the lost ancient treasure of political participation. The essay then looks into the relevance of Tocqueville’s standpoint for current debates between liberal defenders of negative freedom and republican advocates of freedom as non-domination. Participants on both sides of the debate seem to be so devoted to showing that their particular approach provides the best guarantees against actual and possible threats to liberty that they overlook the fact that their definitions of freedom remain significantly similar. By arguing that ‘to be free is to be guided by one’s own will’, contemporary republicans, as well as their liberal counterparts, move along the lines drawn by Constant towards private pleasures. By questioning the inevitability of this turn, Tocqueville provides us with a valuable contribution to these discussions in contemporary political philosophy. Finally, André Van de Putte’s contribution, an adaptation of his emeritus speech that closed the conference on French Liberalism, appeals to Tocqueville in order to draw attention to the importance of intermediary, dialogical bodies in mitigating the implicit despotic tendencies of the democratic drive to equality. In Tocqueville’s view, the transition from the feudal corporate inequality to democratic individual equality was not a clean break. Rather, this transition is a continual process of democratization that is driven by a desire for equality, or egalité des conditions. This dissolution of distinctions of estate, class and status has the unintended consequence of concentrating the diffuse power of these entities into a centralized state, which is responsible for ensuring the equality of all under the law. This process leaves increasingly isolated and atomized individuals to face the power of a monolithic state in defense of their freedom, and moves toward a soft, paternalistic despotism. Constant’s freedom of the moderns is not sufficient to protect individuals from this centralized power. Democracy also requires the political freedom of the ancients. Van de Putte argues for a system in which atomized individuals organize themselves into intermediary bodies that, in a Montesquieuian balance of powers, can enter into dialogue with each other and the state on more equitable terms. Van de Putte’s contribution closes with a plea for a conception of democracy as a regime of dialogue. (shrink)

The expression "fundamental change" in the title was chosen as wider and less laden with connotation than "revolution." The study, which was originally a Yale Ph.D. dissertation, compares the views of fundamental change in H. L. A. Hart's Concept of Law and in J. P. Sartre's Critique de la raison dialectique. The two authors studied offer opportunity for interesting contrasts between analytic and dialectical methodologies. Hart's philosophy of law is considered in the first part in contrast with the less convincing (...) theories of Kelsen and of several contemporary Scandinavian legal philosophers. The central place of rules in Hart's thinking is suitably emphasized; fundamental change is considered in this legal philosophy under the heading, "The Pathology of a Legal System." In Sartre, the notions of totalization and the oath are as central as the notions of rules and acceptance are in Hart. McBride's treatment of the two authors is even-handedly critical, void of partisan polemics. Both approaches are seen to have some strengths and also some limitations. McBride feels that the two methods should somehow be complementary, but he has not yet developed an adequate framework for bringing them into dynamic and fruitful relationship. Nevertheless, this study contains a wealth of useful information regarding two very important works; it suggests important points of comparison and contrast; and it raises many important and often-neglected questions. The author has done a careful job of research which indicates that he has very considerable potential as a scholar, perhaps especially in the continental materials which he handles with assurance.--G. G. G. (shrink)

Le but de cette encyclopédie en deux volumes, rédigée à l’instigation du président Hoover, était d’exposer tous les aspects de la vie sociale américaine, dans le dessein bien arrêté de saisir les rapports existant entre les différentes sphères sociales et de déterminer les transformations qui se produisent au sein de la société. Ces transformations devaient non seulement être constatées, mais on voulait encore essayer de trouver leur tendance générale, leur „trend“, c’est-à-dire la loi qui les détermine. Dans une critique des (...) résultats et des méthodes de cette „expression collective de la recherche sociale aux États-Unis“, M. G. s’efforce de montrer qu’en dépit de l’ampleur considérable de l’ouvrage, qui est également, en quelque sorte, une encyclopédie de la société américaine, le but scientifique visé n’a pas été atteint, et qu’il ne pouvait pas l’être. En effet, la théorie d’Ogburn, qui est à la base de l’ouvrage, et d’après laquelle les crises sont dues à des disproportions dans la vitesse de développement des différentes régions sociales, est insuffisante. Elle présuppose un ordre social relativement stable, dans lequel les dérangements peuvent être considérés comme de simples oscillations autour d’un noyau sain en lui-même. Comme le phénomène fondamental, la crise économique, n’est pas traité, on renonce à reconnaître méthodiquement que tous les processus sociaux sont incontestablement influencés par les faits économiques. Une autre objection importante, illustrée par M. G. au moyen d’une série d’exemples, concerne la notion du „trend“, empruntée à l’étude de la conjoncture. Le „trend“ ne peut pas avoir une loi sociale adéquate, parce qu’il tend à transformer tous les rapports sociaux qualitatifs en rapports mathématico-statistiques de valeurs. Le système actuel de la société, avec ses multiples ramifications, ne pourra toutefois jamais être saisi à i’aide de méthodes uniquement quantitatives ; il exige au contraire, dans son ensemble, une interprétation dynamique de la société. Comme le „Report“ y a renoncé, son intention théorique devait nécessairement échouer. Plus encore : les propositions pratiques qu’il fait pour l’élimination des défauts de la société américaine n’arrivent pas à la racine du mal.The joint report written at the request of president Hoover undertakes to present every aspect of social life in America. It has more over the special purpose of comprehensing the inter-relationships between these separate social compartments, and determining what social changes are taking place. Not only are these changes to be ascertained but the attempt made to grasp their trend, or in other words, to grasp the law determining these changes. G. seeks to show in a criticism of the results and methods of this „collective expression of sociological research in the United States“, that notwithstanding the extraordinary experience these 40 leading social scientists could draw upon, and the admirable comprehensiveness of this work-indeed an encyclopedia of American social life-, the scientific aim was not achieved, and could not be achieved. This is due to the insufficiency of Ogburn’s theory which underlies the work, that phenomena of crisis are to be traced to the disproportionate rates of change of the various provinces of social life. It presupposes a relatively stable social order in which upheavals are felt as mere oscillations around an intrinsically firm nucleus. Because the fundamental phenomenon of the economic crisis is not considered, the Report dispenses with the approach to a methodological standpoint, according to which all social processes are decisively determined by economic processes. Another important objection, which G. illustrates by a series of examples relates to concept of the trend borrowed from the business cycle. This can in no way furnish a suitable social law, because it tends to resolve all qualitative social relationships into mathematical- statistical formulae. Present day society, with its manifold divisions, can never be understood by quantitative methods only, but presumes a dialectical point of view for social life as a whole, which is ever in a state of flux. Since such a theoretical aim vitiated, but even its practical proposals, which it puts forward to rectify the shortcomings of American social life, fail to touch the root of the evil. (shrink)

The neural basis of human memory is incredibly complex. We argue that the diversity of neural systems underlying various forms of memory suggests that any discussion of enhancing ‘memory’ per se is too broad, thus obfuscating the biopolitical debate about human enhancement. Memory can be differentiated into at least four major systems with largely dissociable neural substrates. We outline each system, and discuss both the practical and the ethical implications of these diverse neural substrates. In practice, distinct neural (...) bases imply the possibility, and likely the necessity, of specific approaches for the safe and effective enhancement of various memory systems. In the debate over the ethical and social implications of enhancement technologies, this fine-grained perspective clarifies—and may partially mitigate—certain common concerns in enhancement debates, including issues related to safety, fairness, coercion, and authenticity. While many researchers certainly appreciate the neurobiological complexity of memory, the political debate tends to revolve around a monolithic one-size-fits-all conception. The overall project—exploring how human enhancement technologies affect society – stands to benefit from a deeper appreciation of memory’s neurobiological diversity. (shrink)

Understanding causation in social-ecological systems (SES) is indispensable for promoting sustainable outcomes. However, the study of such causal relations is challenging because they are often complex and intertwined, and their analysis involves diverse disciplines. Although there is agreement that no single research approach (RA) can comprehensively explain SES phenomena, there is a lack of ability to deal with this diversity. Underlying this diversity and the challenge of dealing with it are different causal reasonings that are rarely explicit. Awareness (...) of hidden assumptions is essential for understanding how the causal reasoning of an RA is constituted, and for promoting the integration, translation, or juxtaposition of different RAs. We identify the following elements as particularly relevant for understanding causal reasoning: methods, frameworks and theories, accounts of causation, analytical focus, and causal notions. We begin with the idea that one of these elements typically figures as an entry point to an RA. This entry point is particularly important because it generates a path dependence that orients causal reasoning. In a subsequent step, when an approach is applied, causal reasoning concretizes as a result of a particular constellation of the remaining elements. We come to these insights by studying the application of four different RAs to the same social-ecological case (the collapse of Baltic cod stocks in the 1980s). On the basis of our findings we developed a guide for the analysis of causal reasoning by raising awareness of the assumptions, key elements, and the relations between these key elements for a given RA. The guide can be used to elicit the causal reasoning of RAs, facilitate interdisciplinary collaboration, and support disclosure of ethical/political dimensions that underlie management/governance interventions that are formulated on the basis of causal findings of research studies. (shrink)

The issue of gender is one of the important indicators for understanding religious interpretations at the individual and social levels. One of the responsible institutions in shaping the gender approach in Turkey are the Faculty of Theologies. The majority of the students who are studying in theology faculties and who will take part in the religious services of the society after completing their education are women. It is clear that the religion and gender understanding of female students of (...) theology faculties will have various levels of influence on the religious and social life of women and men in society, now and in the future. This article, which is studied with a qualitative research method, focuses on the religious and gender understanding of female students of theology faculty. The most basic conclusion reached in this article; the female students of the faculty of theology do not have a homogeneous understanding of religion and gender, they have traditional and modern approaches together. The students are mentally inconsistent and indecisive about many issues related to gender.Summary: Gender perceptions are One of the areas that have changed rapidly with the modernization processes. The issues concerning gender and religion recently have become a matter which is the subject of intense debate in Turkey. Theology faculties also take part as a party to the debates and tensions about gender and religion. This study focuses on the gender and religious understanding of the female students of the Faculty of Theology and to examine the intellectual and material factors that nurture them. The scope of the study was limited to Dicle University Theology Faculty female students. The data of the study was obtained by the qualitative research method. In this article, which takes the religion and gender understanding of female students of Theology Faculty as the main problem; the ontological value of women, the authority of men over women, the paid work and management of women in the public, the change of the Shari'ah provisions on gender with social change, the beating of women and the themes formed in this context are examined.The religious and social status of women in Muslim societies was not shaped by the Qur'an or practices of the Prophet, but by the discourse created by hadith narrations and the influence of economic and political conditions. The development of this discourse was also influenced by the image of the ‘seductive’ Eve and the patriarchal culture of Mesopotamia, which were inherited from the Jewish and Christian tradition.Women's social position within the traditional society structure was legitimized by religious traditions, some of which date back to pre-Islamic times, and by the contribution of the rising jurisprudence and ascetic movements in the historical process and has resisted change for centuries.Nearly all of the female students of the Faculty of theology consider that there is no difference between men and women ontologically in the context of the value that Allah gives to both sexes.According to them, the physical and emotional naivety of women cannot be interpreted as the ontological worthlessness of women or as their lack of intellect and religion.About half of female students think the final decision in the family should not always be in the male.According to them The Prophet's practices on this subject are a very important example. In some cases, he consulted his wives and followed their suggestions. Therefore, narrations that trivialize the thoughts and demands of women in the family have cultural and not religious influences.All female students think that women can work outside the home on a paid basis. Moreover, according to the vast majority of female students, women can be managers in the public sector. The students who are in this view think that the narrations stating that the woman cannot be a manager in the public can be ignored for reasonable reasons. About one-third of female students think that the Shari'a provisions in Islamic law regarding women and family may be able to changed with new jurisprudence, while one-third think that some of them may be able to changed with the change of social conditions. Another view shared by nearly a third of students is that Sharia provisions on gender will not be changed over time. Nearly two-thirds of the female students in the research sample do not approve of beating women under any circumstances. A third of female students think that a woman can be beaten if she disobeys her husband. Some of them are confused about how to interpret the verse about the beating of women.It is unthinkable that the Faculties of Theology, which cannot be an actor of religious social change, stay away from the wind of change of a rapidly modernizing society. The rapid flow of time of change on the one hand, and the absence of a tradition or strategy of the Faculties of Theology on the other, resulted in the Faculties of Theology becoming the object of social change in many contexts. This situation made the Faculty of Theology's understanding of religion hybrid, fragmented and unstable between traditional and modern approaches and quite open to the effect of political conjuncture. In this context, although the understanding of gender in theological faculties is not at the same level in all, it can be said that traditional understandings are in the form of a softened form in favor of modernity.The students of the Faculty of Theology at Dicle University are mostly grown up in the Eastern and Southeastern Anatolia regions and are generally members of the lower-middle societies. In most of the female students who come from a social structure where the social status of women is quite low and girls are regarded as worthless compared to boys, an awareness be formed about the social position of women during the education of the Faculty of Theology. Through the study of the Faculty of theology, female students realize that religion is not responsible for the otherized position of women, but for religionized traditions. Two main factors determining the gender understanding of women students of the Faculty of theology can be mentioned. These can be roughly categorized as the main sources of religion and their interpretation by denominations, as well as the socio-cultural habitats of the students and their individual experiences. On the subject of gender, there is a tension between verse, Hadith and their interpretations made by sects and the values and norms of modernity internalized by female students. At Dicle University Faculty of Theology, it is not possible to talk about a learning system and intellectual accumulation that would allow to overcome this tension. This causes mental and emotional bifurcation in female students and leads them to become caught up in a vortex between religious and social reality on many issues. An important consequence of this is the lack of updated religious norms to guide them in many issues that have emerged as an alternative to religious beliefs and practices in the context of gender and have become established values and have common practices in modern life, and have led them to modern secular tendencies and this leads to an internal secularization. The lack of updated religious norms to guide female students in many subjects that are widely practiced in Modern life leads them to modern secular tendencies, which lead to an insider secularization. The fact that female students are mostly traditional in discourse but modern in action on gender and religion makes this situation testable. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even (...) possible to arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

Proposal Information: In this paper it is argued that although Spinoza, unlike other great philosophers of the Enlightenment era, never actually wrote a philosophy of education as such, he did – in his Ethics – write a philosophy of self-improvement that is deeply educational at heart. When looked at against the background of his overall metaphysical system, the educational account that emerges is one that is highly curious and may even, to some extent at least, come across as counter-intuitive in (...) a contemporary setting. This is so because it grounds the greater social and political endeavors of humanity in the individual’s striving for an ever-increasing power of acting. Hence, education, for Spinoza, is a decidedly individualistic affair, but then again, so is the making of society. Since, for Spinoza, every instance of knowledge bears the unique mark of the individual body that expresses it, one might conclude that at the foundation of every social structure is an encounter between concrete bodies; each expressing a particular perspective from where to grasp the world. I would argue, based on this, that one of Spinoza’s main contributions to educational theory is his grounding of larger social endeavors in the striving of the individual. Hinged on the striving to be more rational, as dictated by the doctrine of the conatus, education appears to offer a way of grounding the structure of the human social world in the same principles as those guiding the individual. Spinoza’s doctrine of the imitation of affects thereby offers a way of linking the egoistic striving for power on behalf of the individual with the educational goal of building a sustainable society. It does so as it conditions self-improvement by the human characteristic to imitate what others desire. By being surrounded with people who desire to be more rational, one can utilize this desire for the good and become strengthened in one’s own striving for increasing one’s degree of existence. Consequently, the teaching situation is geared for guiding students towards a more rational life, at the same time as it is geared for the self-improvement of the teacher. This aspect of self-improvement is, ultimately, what will motivate the teacher in striving to enhance the lives of his or her students in the first place. Being unable to self-improve in isolation, the doctrine of the imitation of affects dictates that the rational person will be moved toward a life of generosity, not primarily for altruistic reasons, but out of a desire to become more rational and thus to gain in his or her own power of acting. The question that follows from this, of course, is how does one go about when inculcating a desire to be more rational in one’s students?Education, from a Spinozistic point of view, is ultimately about the cultivation of the potential that lies dormant in each individual, so that a person may live a happier life as a result of understanding, more adequately, their place in the natural world. The challenge, then, becomes one of overcoming the many obstacles that prevent a person from developing their potential. Pedagogy, from this point of view, may be understood in terms of the art of offering the right amount of resistance. This notion is based on the assumption that if a student encounters no resistance – or too much resistance – his or her potential remains just that – a potential. In order to develop this potential the student needs to overcome certain barriers. With regards to this, the role of the teacher may be conceived in terms of the one balancing the amount of resistance so that the student is properly challenged but at the same time not overwhelmed. Methodology or Methods/ Research Instruments or Sources Used: The paper makes for an attempt to outline a Spinozistic philosophy of education based on readings of Spinoza’s texts – primarily the Ethics – and some of the relevant secondary literature such as Della Rocca’s influential reading of Spinoza. As such it is a philosophical inquiry seeking to interconnect some key aspects of Spinoza’s philosophy with some of the major issues of education. Methodologically, this paper argues, in line with Melamed, that rather than turning to the history of philosophy in order to identify ‘precursors to [our] own views’, so as to validate what we already believe we know, it is more fruitful to turn to past philosophers in order to ‘challenge our most basic beliefs and intuitions by studying texts that are both well-argued and strongly opposed to our commonsense’. Accordingly, turning to Spinoza marks an attempt to revisit and reconceptualize some key aspects of educational thought. Conclusions, Expected Outcomes or Findings: A conclusion of this paper is that a Spinozistic philosophy of education would need to focus on resolving the tension between Spinoza’s egoism and education as a social project. To this end it identifies Spinoza’s doctrine of the imitation of affects as a possible link between the individual’s striving for power and the collective agenda of improving human well-being at large. It is also suggested that, in aspiring to inculcate a desire to be more rational in his or her students, the challenge for the Spinozistic teacher is to prompt the students to aspire to reach beyond the temporary satisfactions of the passions so as to acquire a more enduring sense of satisfaction and so that their well-being is more fully under their own command rather than under the command of various external influences. This, in turn, is connected with the notion of resistance in the sense that in experiencing the volatility of fortune – and thereby understanding the instability of relying on one’s passions – a person would appear to be more inclined to strive for a more enduring sense of happiness, even if this would mean giving up on some of the temporary pleasures that one has grown accustomed to. The resistance, then, may be conceived in terms of the overcoming of temporary pleasures that stand in the way of the developing of one’s potential. In this scenario the role of the teacher may be understood in terms of someone offering a well-balanced amount of resistance. This means that to accommodate one’s students – in the sense that one approaches them in terms of prospective customers, aspiring to satisfy their demands – is inimical to education insofar as the wants and desires of students are, generally speaking, caused by passive affects rather than their rational wills. References: Aloni, N.. Spinoza as Educator: From Eudaimonistic Ethics to an Empowering and Liberating Pedagogy. Educational Philosophy and Theory 40, pp. 531–544.Della Rocca, M.. Spinoza. New York: Routledge.Della Rocca, M.. Rationalism, Idealism, Monism, and Beyond. In: E. Förster & Y. Y. Melamed Spinoza and German Idealism. Cambridge: Cambridge University Press, pp. 7–26.Derry, J.. The Unity of Intellect and Will: Vygotsky and Spinoza. Educational Review, 56, pp. 113–120.Lloyd, G.. Spinoza and Educating the Imagination. In: A. O. Rorty Philosophers on Education: Historical Perspectives. London: Routledge, pp. 157–172.Melamed, Y. Y.. Spinoza’s Metaphysics: Substance and Thought. Oxford: Oxford University Press.Nadler, S.. Eternity and Immortality in Spinoza’s Ethics. Midwest Studies in Philosophy 26, pp. 224–244.Poulimatka, T.. Spinoza’s Theory of Teaching and Indoctrination. Educational Philosophy and Theory 33, pp. 397–410.Spinoza, B.. The Ethics. In: E. Curley A Spinoza Reader: The Ethics and Other Works. Princeton: Princeton Unive. (shrink)

We should now be able to come to some general conclusions about the main lines of Cuvier's development as a naturalist after his departure from Normandy. We have seen that Cuvier arrived in Paris aware of the importance of physiology in classification, yet without a fully worked out idea of how such an approach could organize a whole natural order. He was freshly receptive to the ideas of the new physiology developed by Xavier Bichat.Cuvier arrived in a Paris also torn (...) by many overlapping debates on the nature of classification, and in particular that between the natural and artificial systems. The very validity of the enterprise of classification was questioned in many quarters. Cuvier's achievement on his entry into the Parisian world of science was not simply to establish himself as a highly competent anatomist: far more important, he also began to use ideas from many different specialties to change completely the notion of what was involved in natural history.124 At the same time that he himself swung away from the guiding image of the field naturalist as the ideal of the specialty, he took ideas from the new physiology to answer questions about the order of the animal world, and from comparative anatomy to resurrect extinct creation — and to come to conclusions from that creation about the history of the forms of life and the manner of their succession. He showed himself able to alter the relationships between natural history and many other fields of study in a way that implied, rightly or wrongly, his own complete mastery over such a movement. Partly he was able to do this because the ideas he borrowed were not themselves logically articulated and thus could be easily adapted and refocused for many different specific purposes. The value of the heuristic possibilities inherent in the idea of life, for example, far outweighed its inability to generate full systems of classification. Cuvier also consistently refused to consider in science matters relating to the first causes of events. Freed from the consideration of first-order phenomena, he was able to use second-order explanations across a far wider field of applicability. Personal doubts about the validity of a theology that had used science in order to bolster its own claims were combined here with the strong influence of the Kantian critique of the limits of human reason.125Cuvier's characteristic mode of procedure was that of intellectual appropriation and a bold capacity for altering the relationships between different fields of knowledge, rather than, with the exception of taxonomy, the technique of expanding their subject matter. His claims to originality came, first, from this reappropriation and reorientation and, second, from the sheer scope of his work, which aimed at nothing less than the cataloging and classification of all animate objects.126 They rested also on his acute use of his assertion of a certain relationship with the past of his subject. Very often he would present this history in such a way as to obscure his own intellectual genealogy, and often too he would give differing accounts of the priority of use of an idea in order to distract attention from the questionable exactitude of his own claims to originality. Cuvier came to Paris at precisely the time when society and institutions were most profitably malleable for a newcomer; it was also a time when many scientific disciplines had reached a stage advanced in terms of their factual content, yet relatively inadequate in conceptual organization. They were ripe for takeover by large-scale organizing ideas such as the animal economy and the subordination of characteristics. Paleontology is a particularly good example of a specialty in this particular form of underdevelopment in 1795.Cuvier paid a high price for his initial success. His electic applications of large-scale organizing ideas tended to mean that little of his own work had complete coherence at all levels. Ideas, as we have seen, that proved capable of providing a complete reform of the larger groups of the animal kingdom were incapable of producing its detailed working-out in the taxonomy of smaller groups, which had to be supplied from observed analogical correlations. Further, his physiological approach to classification involved the breakdown of strict correspondence between organs and functions, which left the way open for workers such as Geoffroy St. Hilaire gradually to tilt the balance away from the study of the correlations of hierarchies of functions, and toward morphology as the basis of the order of nature. Cuvier's brilliant appropriations from physiology from the beginning, therefore, contained the seeds of conflict with Geoffroy.Cuvier's eclectic approach made it very nearly impossible for him to present a clear idea of the ways in which the life sciences could be said to be lawful. In spite of his efforts to assimilate them to the position of the physical sciences in this respect, he was forced in the end to accord only an ambiguous status as “laws” to observational correlations. From this area of failure came much of the attempt to give his own two laws — the correlation of parts and the subordination of characteristics — predictive qualities, particularly in relation to paleontological research.It is not surprising that Cuvier's title as the “legislator” of natural history should represent more a claim than a reality. How, then, was he able to emerge as the leading French naturalist of his day? First of all must be adduced the sheer scale of his undertakings. Then comes his expertise as a practical anatomist, and the range of different topics toward which he turned his interest. His collaborators cannot be given credit for his output nor, as we have seen, for slavish adherence to his ideas. Cuvier was able to successfully claim to have dominated the underdeveloped specialties, such as paleontology, and turned them into a major heuristic input into both geology and comparative anatomy; but in other fields, such as physiology, he appropriated concepts and encouraged research but made little impact on the field himself. His attempts in 1812 to head off, or neutralize and absorb the growth of morphological studies landed him in a dangerously rigid position, which despite his encouragement of the new physiological research under the Restoration made further elaboration of his own conceptual underpinnings almost impossible.Cuvier's authority in the scientific world would in any case have been great because of his substantive achievement in taxonomy, but the rest of his work had enough ambiguities and dislocations for it to need the support of his political and social power. Cuvier's detractors seized on a vital fragment of the truth when they accused him of finding the political dimension all-important: it obscured the disjunctions in his theories and at the same time gave him the authority to make new claims for the status of the observational sciences - and for their relations of power with their surrounding specialties. Cuvier's science both thrived on and was halted by the power games of intellectual appropriation, manipulation of the past to confirm the present, and continual claims for hegemony. (shrink)

Théophile Funck-Brentano (1830-1906) is recognized as a French philosopher and sociologist. He made significant contributions by focusing on moral philosophy, law, and social issues. As one of the pioneers of the sociology of law, Funck-Brentano’s works include an analysis of human nature and society, reflecting the innovative ideas of his time. Although his name is not frequently mentioned today, his contributions, especially legal sociology and moral philosophy, are considered highly valuable. In his theories, the relationship between society (...) and the individual, moral norms, and the legal system hold central importance. Funck-Brentano emphasizes the impact of moral principles and social order on individual behavior and highlights the role of moral norms in maintaining social cohesion. Furthermore, Funck-Brentano was aligned with the School of Sociology and Social Science founded by Le Play. The Le Play school advocated for examining social structures and family elements to develop policies that could have long-term effects on society. Funck-Brentano made significant contributions to the theory of the social contract, reinterpreting it in a way that suits the needs of modern societies. According to him, the social contract is an agreement among individuals to live together and recognize mutual rights. This agreement forms the foundation of social morality. While individuals, as members of society, assume certain moral obligations, society takes on the responsibility of protecting the rights of individuals. Funck-Brentano argues that moral norms not only guide individual behavior but also play a crucial role in supporting social stability and cohesion. These norms regulate relationships between individuals, protect the general interests of society, and align personal interests with the collective interests of the community. In Funck-Brentano’s thought, law is a form of moral norms – reflecting the ethical principles and standards that regulate behavior and has been accepted by society and possess enforceable power. However, there are instances where what is moral is not always legal, and what is legal is not always moral. Therefore, a continuous process of aligning moral and legal regulations is necessary. Mustafa Kemal Ataturk, during the founding of modern Turkey, was influenced by studies of many Western intellectuals including Funck-Brentano. Ataturk’s careful reading of Funck-Brentano’s books and the notes he took demonstrate how these studies served as a resource in shaping his social and legal reforms. This study will examine Funck-Brentano’s ideas in the field through his studies that address social morality. His contributions to moral philosophy, the social contract, and legal theory will be explored, as well as how these concepts are treated in his writings and their impact on modern societies. (shrink)

The intersectionality of fat black women has been in the cultural spotlight in recent years and a significant amount of them might feel invisible or even ask themselves why to exist. When one feels self-inexistence, an imagined reality reinforced by the world, sadness, depression, and anger install within a person. The imaginary inexistence is induced by the unaware shamelessness that others project in the ignored person, who feels being invisible, and being invisible in a digital world is to not exist. (...) In this paper, we answer why they should exist. We approach the issue with Positive Semiotics on desirability based on Positive Psychology, which focuses on understanding and facilitating well-being. We propose a semiotic framework for the construction of positive meaning paving the way from fatphobia to fat praise, passing by fat appraisal, to promote the well-being of fat black women. The proposed framework is the Positive Semiotics Construction, which is simultaneously an individual and collective construction of meaning for well-being, with a Sign-System Functional Model applicable to the digital world. Furthermore, a semiotic approach to Law and Social Norms may understand norms as the ability to send and receive signals for cooperation, which derives from moral appraisals of and reactions to the behavior of others and ourselves, consequently forming the normative underpinning of Law. Hence, the Positive Semiotics Construction might impact normative values and influence Law affecting the language of a society. (shrink)

In the article, the problem of socio-philosophical bases in the studies of the law and dynamic legal processes is discussed and described. The importance of socio-philosophical level of methodology for law understanding is stated. The idea of updating the required social and philosophical foundations of legal research is held. This thesis against the background of the famous comparison of innovations in the understanding of the essence of social development with the previously prevailing in the domestic science historical materialistic (...) approach is justified. Taking into account some of the dignity of historical materialism, the inability to use it to reveal the deeper side of the social reality of law is asserted. According to the authors, the heuristic potential for an integrated and comprehensive study of the social patterns of legal phenomena is found in the socio-philosophical approach, where the focus is on the phenomenon of ‘interaction‘ as the basis of the maximum social foundation of rights. As a possible source of scientific understanding of the issues under consideration, the national and foreign sociological theories of classical scholars are specified. The formation of the right, law-making, the implementation of the right, legal corresponding connections, and other dynamic processes of law is the result of the set of interactions between social actors, integrated into the legal sphere, and in these interactive links, social laws of the existence of the right should be researched. (shrink)

Self-fulfillment of theories is argued to be a threat to social science in at least two ways. First, a realist might worry that self-fulfillment constitutes a threat to the idea that social science is a proper science consistent with a realist approach that develops true and successful statements about the world. Second, one might argue that the potential self-fulfilling nature of social science theories potentially undermines the ethical integrity of social scientists. We argue that if one (...) accepts that social science theories are not based on laws akin to those that govern natural reality or acknowledges that if one can predict self-fulfillment via a meta-theory that explains the underlying regularities of the self-fulfilling change, the threat to realism is dismantled. Furthermore, on the basis of these arguments, we show that if one is unable to predict the consequences of a theory, it is difficult to ascribe moral responsibility at the individual level. It is, therefore, not the potential self-fulfillment of theories per se that poses an ethical challenge, in contrast to claims in the literature. (shrink)

This article takes up, but in a different key, an argument of postmodernists that the over-rationalized conception of society tends to ignore important phenomena such as those belonging to the symbolic domain. It is suggested that the emerging programme of symbolic sociology may contribute toward a new synthetic and interdisciplinary thinking in social sciences. The concept of symbolism as a social phenomenon rather than as an autonomous linguistic or semiotic system is presented; and the argument is made (...) that if social knowledge is constitutive of society, similarly collective sentiments, temporality and collective memory are also symbolically produced. They are created from and create discursive symbolism, symbolic objects and symbolic behaviours. Finally, the article focuses on collective actions where the sociology of symbolic processes is most promising. (shrink)

Since its inception, experimental social psychology has arguably been of two minds about the nature and role of theory. Contemporary social psychology's experimental approach has been strongly informed by the “nomological-deductive” approach of Carl Hempel in tandem with the “hypothetico-deducive” approach of Karl Popper. Social psychology's commitment to this hybrid model of science has produced at least two serious obstacles to more fruitful theorizing about human experience: the problem of situational specificity, and the manifest impossibility of (...) formulating meaningful general laws of human social behavior. It is argued that a social psychology based on the search for this kind of lawfulness, under the auspices of either a strict or loose interpretation of the largely Hempelian model, is ultimately unworkable. An alternative approach to social psychology that is attentive both to the need for understanding individual situations and behaviors and to the need for generalized understanding of actual human behaviors is offered. This approach is grounded in the hermeneutic tradition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:388 HISTORY OF PHILOSOPHY Beyond the Edge of Certainty: Essays in Contemporary Science and Philosophy. Edited with an Introduction by Robert G. Colodny. (Englewood Cliffs, New Jersey: Prentice-Hall, Inc., 1965.) This is the second volume of lectures on various current topics in the philosophy of the physical, biological, and social sciences which has been published under the auspices of the Center for Philosophy of Science at the (...) University of Pittsburg. Volume I, Frontiers o] Science and Philosophy, also edited by Professor Colodny, appeared in 1962. Five of the seven lectures contained in this volume treat topics which fall within the philosophy of physics. The persistent student who is without a technical background in either logic or physics will find these for the most part quite readable. Considering this, it is worthy of note that, while the lectures are not of uniform quality in this respect, several problems are treated with sufficient freshness of insight to justify the interest of the philosopher of science as such. Since I cannot discuss all of the lectures, I will restrict my comments, for the most part, to those the significance of which I think I understand best and which deal significantly with some aspect of the history of philosophy. In "Newton's First Law: A Philosopher's Door into Natural Philosophy," Norwood Russell Hanson exhibits what has become a widely accepted analysis of Newton's First Law as a model to be applied to theories in science which must be regarded as, in some sense, true, but which, in principle, are not empirically demonstrable. Briant Ellis, in "The Origin and Nature of Newton's Laws of Motion," deals in a somewhat parallel way with all three of Newton's laws of motion. It is argued that these laws are primarily conceptual in origin. Evidence is marshalled that they were derived from Cartesian physics. That no amount of empirical work could establish or provide support for a principle of natural motion is held by Ellis to be due to the fact that "force" is conceived as something that exists only in order to explain effects. "Since we are at liberty to choose to regard whatever changes or states we please as natural (i.e., as not being effects) it follows that the forces which we should say are operative in nature depend upon the choices we actually make" (65). It would, I think be difficult to show that any one of the points Ellis makes, with the exception of his interesting historical note on the probable origin of Newton's laws of motion, has not previously been made. All, or nearly all, of these points were set forth, at least in outline, for example, by William Werkmeister in A Philosophy o] Science. The approach Ellis makes to his development of the concept of "force," however, is both fresh and incisive and worthy of careful study. In "A Philosopher looks at Quantum Mechanics," Hillary Putnam exhibits the Copenhagen interpretation of quantum mechanics of Bohr and Heisenberg, viewed in historical perspective, as the most adequate of several unsatisfactory theories. He finds the locus of the problem to lie in a suitable definition of "measurement." Noting that Heisenberg's definition (improperly) appeals to the macrocosm conceived in terms of classical mechanics, he seeks to clarify some of the issues that must follow the attempt to define measurement within the context of quantum mechanics. Putnam holds the relative sharpness of macroobservables for Bohr and Heisenberg to be an underived assumption of their theory. Since the quantities of which macro-observables are supposed to be averages are not (in quantum mechanics) required always to exist, this assumption cannot be derived from a plausible definition of macro-observables together with a suitable formulation of the laws of quantum mechanics. Moving from Bohr and Heisenberg's conclusion that measurement requires interaction of a system (or part of a system) measured with respect to an outside system, and that macroobservables do not exist unless measured, measurement for quantum mechanics is defined as "an interaction in which a system A (the 'measured' system), which was previously isolated, interacts with a system B (the 'measuring' system) in such a way as to cause a... (shrink)

The concept of family economy in Islam has been addressed under various issues in classical sources though not extensively discussed in the classical literature. Islamic jurisprudence generally embraces pragmatical approach and pays attention to the needs of society. It is evident that economic relationship within the family is not addressed under a single heading in classical sources, but rather evaluated under numerous headings. From this perspective, it can be observed that each individual within the family concept (...) enjoys distinct economic rights and responsibilities. The social, ethical and financial responsibilities in the family are carried out within the framework of maintenance. In this respect, the Islamic legal system approaches the concept of family economy with a balanced view between income and expenditure, lawful and unlawful, and blessing and burden, and does not evaluate the issue purely as an economic activity. However, in contemporary times, the term family economy is understood more in terms of the economic and legal statues of the individuals within the family, such as their handling and responsibilities concerning acquired properties and the nature and manner of property distribution. This approach significantly diverges from the individual and social responsibilities entailed by property ownership in Islamic law. In Islam, the possession of individual economic rights and freedoms does not imply that one has no responsibilities towards others and cannot act irresponsibly. Based on this fundamental paradigm difference, this article aims to analyze the concept of family economy from the standpoint of Islamic law, discussing what it is and is not. The study has revealed that, even today, economic interests and activities within the family sometimes lead to conflicts, causing the parties to abandon their ethical and religious responsibilities in favor of establishing definite lines solely based on legal grounds. This, in turn, significantly undermines the essence and continuity of being and remaining a family. Furthermore, when examining writings that attempt to explain the economic status of the family according to Islamic law, it is evident that the provisions found in classical fiqh books, which were arranged according to the human, Islamic, and customary structure of that period and were quite functional, are repeated without considering the contemporary societal structure and changing human character. Although these provisions are accurate and effective within their own context, they are deemed inapplicable by modern individuals, rendering them ineffective. The appropriate way to address this issue can be to emphasize that the rules concerning family economy in classical fiqh are not merely ethical and conscientious, but that legal intervention will ensue if they are not adhered to. The fundamental assertion of this article is based on this premise: the concept of family economy inherently exists in Islamic law, imposes various responsibilities on the parties, is structured on a balance of blessings and burdens, and entails legal, ethical and religious responsibilities. (shrink)

In Anglo-American legal theory the lack of morality was often considered as the main problem of Nazi law. Bringing law and morality together thus seems to meet the challenge posed by the Nazi legal system. In this paper I argue that the mere unification of law and morality is not sufficient to cope with the distortions of Nazi law. By discussing the framework of the SS-jurisdiction and the case of the SS-judge Konrad Morgen I try to show that in (...) the Nazi legal system morality is so deformed that in such circumstances a judge’s aiming for justice has equivocal implications. My conclusion is that we should consider law and morality as two distinct normative spheres and approach the issue of Nazi law using a conception of legality that captures basic requirements of a rule-of-law system. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced (...) to individual actions. "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

Axel Honneth has been instrumental in advancing the work of the Frankfurt School of critical theorists, rebuilding their effort to combine radical social and political analysis with rigorous philosophical inquiry. These eleven essays published over the past five years reclaim the relevant themes of the Frankfurt School, which counted Theodor W. Adorno, Max Horkheimer, Walter Benjamin, Jürgen Habermas, Franz Neumann, and Albrecht Wellmer as members. They also engage with Kant, Freud, Alexander Mitscherlich, and Michael Walzer, whose work on morality, (...) history, democracy, and individuality intersects with the Frankfurt School's core concerns. Collected here for the first time in English, Honneth's essays pursue the unifying themes and theses that support the methodologies and thematics of critical social theory, and they address the possibilities of continuing this tradition through radically changed theoretical and social conditions. According to Honneth, there is a unity that underlies critical theory's multiple approaches: the way in which reason is both distorted and furthered in contemporary capitalist society. And while much is dead in the social and psychological doctrines of critical social theory, its central inquiries remain vitally relevant. Is social progress still possible after the horrors of the twentieth century? Does capitalism deform reason and, if so, in what respects? Can we justify the relationship between law and violence in secular terms, or is it inextricably bound to divine justice? How can we be free when we're subject to socialization in a highly complex and in many respects unfree society? For Honneth, suffering and moral struggle are departure points for a new "reconstructive" form of social criticism, one that is based solidly in the empirically grounded, interdisciplinary approach of the Frankfurt School. (shrink)

Modern society has undergone a fundamental change to a society built around purposively established organizations. Social theory in this context can be a guide to social construction. Foundations of Social Theory is dedicated to this aim. Being oriented towards the design of social institutions it has to choose a voluntaristic, purposive theory of action and must make the behavior of social systems explainable in terms of the combination of individual (...) actions. It has to deal with the emergence and maintenance of norms and rights, the concepts of authority, trust, law and legitimacy, the viability of organizations and the efficiency of social systems. But more important than the specific points is the vision of a new role for social theory in an increasingly constructed social environment. This vision is the motivation behind Foundations of Social Theory. (shrink)

This paper examines the polemical nature of anti-racist education and discourse in America today. On one side of this issue are those who think of the efforts toward inclusion, diversity, and the pursuit of social justice in academia as serving positive ends. On the other side are those who oppose and vilify such efforts as evidence of the destructive ethos of liberal education. This has led to a situation where universities and schools across the country have seen professors and (...) teachers, including philosophers, experience backlash for speaking seriously and courageously about confronting the problem of racism in society. One recent example of this anomaly is the kind of faux outrage or moral panic that drives the hysteria against Critical Race Theory, an inquiry that examines the intersection of race and law in the United States, as well as unearthing the reality of structural racism in America, often disguised in the mainstream liberal approaches to racial justice. This faux moral panic has been used by legislatures across the country, as the raison d’être, to pass bans and enforce policies or rules that restricts how professors (including philosophers), and teachers can talk about race, systemic racism, structural oppression, or the problem of racial injustice in the classroom. In this paper, I explore how this polemical situation creates significant challenges and unique possibilities for the discourse of philosophy, especially for those who are interested in becoming antiracist philosophers, in the context of such legal rules and restrictions. This is not for the faint of heart. (shrink)

Purpose This paper aims to critically assess approaches to sex and gender in the Human Brain Project as a large information and communication technology project case study using intersectionality. Design/methodology/approach The strategy of the HBP is contextualised within the wider context of the representation of women in ICT, and critically reflected upon from an intersectional standpoint. Findings The policy underpinning the approach deployed by the HBP in response to these issues parallels Horizon 2020 wording and emphasises economic outcomes, productivity (...) and value, which aligns with other “equality” initiatives influenced by neoliberalised versions of feminism. Research limitations/implications Limitations include focussing on a single case study, the authors being funded as part of the Ethics and Society Subproject of the HBP, and the limited temporal period under consideration. Social implications The frameworks underpinning the HBP approach to sex and gender issues present risks with regard to the further entrenchment of present disparities in the ICT sector, may fail to acknowledge systemic inequalities and biases and ignore the importance of intersectionality. Shortcomings of the approach employed by the HBP up to March, 2018 included aspects of each of these risks, and replicated problematic understandings of sex, gender and diversity. Originality/value This paper is the first to use an intersectional approach to issues of sex and gender in the context of large-scale ICT research. Its value lies in raising awareness, opening a discursive space and presenting opportunities to consider and reflect upon potential, contextualised intersectional solutions to such issues. (shrink)

In the wake of two decades in which postmodern theory has become very popular in university humanities and social science departments around the world, Gavin Kitching claims that postmodernism is causing harm to students intellectually. Postmodern theory has engaged the hearts and heads of the brightest students because of its apparent political and social radicalism. Yet Kitching writes: “At the heart of postmodernism is very poor, deeply confused, and misbegotten philosophy. As a result even the very (...) best students who fall under its sway produce radically incoherent ideas about language, meaning, truth, and reality.” This is not another conservative attack on postmodern theory. Rather, it is a carefully considered analysis from a dedicated university teacher who is convinced that we have gone terribly astray. He analyzes why typical postmodern theoretical approaches simply aren’t effective tools for dealing with the realities of people and their activities, and he describes the philosophical confusion that lies at the heart of the problem. He also demonstrates the political implications for students, their universities, and society when students learn to use poorly constructed arguments as the basis of their writing. _The Trouble with Theory _is essential reading for all students writing a thesis in the humanities and the social sciences and for their teachers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:72. HAS HUME A THEORY OF SOCIAL JUSTICE? Toward the end of An Enquiry concerning the Principles of Morals, Hume asserts in a footnote that: In short, we must ever distinguish between the necessity of a separation and constancy in men's possession, and the rules, which assign particular objects to particular persons. The first necessity is obvious, strong, and invincible : the latter may depend on a (...) public utility more light and frivolous, on the sentiment of private humanity and aversion to private hardship, on positive laws, on precedents, analogies, and very fine connexions and. turns of the imagination. For one who draws the connection between the ideas of justice and possession as closely as he does, Hume's ambivalence here concerning the rules or principles governing the distribution of objects to be possessed is more than slightly surprising. In fact, for admirers of Hume interested in theories of social (or distributive) justice, his failure to state a preference among these various 'principles of distribution' is downright depressing. Is this all Hume has to say on the subject of how possessions are to be distributed within society? Does it not matter to him what the principles are upon which this distribution is accomplished — as long as it is accomplished? These are the questions with which this essay is concerned, questions which essentially reduce to that of whether Hume has a theoiy of social or distributive justice at all. To be sure;, the amount of space Hume devotes to the discussion of justice would seem to indicate that he is working from a particular theory of social justice, and authors such as Miller, Day, and Ardal ascribe one to him, yet Hume's apparent lack of concern for principles of distribution disputes this ascript- 73. 2 ion. For at the center of all such theories — from Aristotle to Rawls — lies a preference for a certain principle or set of principles which dictates how advantages (goods, wealth, benefits, etc.) should be distributed. In order to evaluate Hume's status as a theorist of social justice, two approaches recommend themselves. First, it is necessary to discover and examine in Hume's major works possible criteria which might dictate how possessions should be distributed in society. Three such criteria will be dealt with here: the principle of utility as Hume construes it, the formal principle of correct application of law, and the principles Hume entitles the laws of nature". If none of these emerge, singly or in combination, as the principle underlying a Humean theory of social justice, a second avenue for analyzing Hume's views of social justice will be explored. Here some of the critical psychological and moral characteristics which Hume attributes to human nature will be examined to determine whether Hume, though he seems to accept no specific principle of distribution, might arrive at a coherent theory of justice in a negative fashion; that is, through rejecting certain criteria of distribution, particularly merit and need. II. The half-heartedness of Hume's commitment to the principle of utility as either a standard of personal morality, a measure of the justness of particular actions, or as 4 an explanatory principle has been frequently documented, and, although the main purpose of this essay is to examine Hume's theory of social rather than personal justice, a few comments on the latter will form a useful preface for the subsequent argument that Hume is equally as luke-warm toward utilitarianism as an adequate basis of social justice. Three considerations indicate Hume's non-utilitarian approach to personal morality. First, unlike all advocates of utilitarianism, Hume is not a consequentialist on matters 74. of personal ethics. That is to say, when Hume speaks of what makes persons or their actions virtuous, he insists that the major criterion for such an evaluation is the motive upon which the agent acts. In the Treatise he states that a virtuous motive is requisite to render an action virtuous ; (T478), and maintains this view in the Enquiry as well. Hume therefore violates the consequentialist stance implicit in the utilitarian construal of personal morality, but just as seriously, is also left rather cold by the later utilitarian contention of Mill... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Poetics of Consent: Collective Decision Making and the Iliad by David F. ElmerWilliam G. ThalmannDavid F. Elmer. The Poetics of Consent: Collective Decision Making and the Iliad. Baltimore, Md.: Johns Hopkins University Press, 2013. x + 313 pp. Cloth, $55.In this book, David Elmer takes a fresh approach to some large questions that have occupied Homeric scholarship: how and under what conditions the epics took shape, (...) the political dynamics and relations of authority in the society they depict, the relation (if any) of that society to historical Greek society, the nature of performances of the poems and the relations between performer and audience, and, within the Iliad, how human action is related to decisions of the gods and the political and social implications of various characters’ conduct, particularly that of Agamemnon and Achilles. Any one of these questions is usually enough for a full-length study. But, drawing on such recent work as that of Gregory Nagy, Johannes Haubold, and Elton Barker, as well as on speech act theory and Indo-European linguistics, Elmer brings these questions together in a fresh and illuminating examination of the Iliad and its performative context.The basis for his study is the observation that, whereas ainein / -os can have various meanings in and outside Homer (“praise,” “[coded] story”), in the Iliad the compound epainein (the noun does not occur in Homer but he uses it for convenience) is limited to contexts of collective deliberation. There it describes the approving response of the community to a proposal by a leader that normally translates the proposal into action. Such a scenario represents the formation of a speech act; one distinctive feature of the book is that it draws attention away from enunciation to its reception by an audience, which is crucial to the completion of a speech act and especially to its effectiveness in shaping reality. This usage of the verb, Elmer argues in an excellent chapter (2), is a vestige of the importance of speech to the creation and maintenance of social order (a prominent theme of the book) in Indo-European societies. It thus refers to socially efficacious and constructive speech. Conversely, the cognate anainesthai and apēnēs are associated with verbal behavior that is socially destructive.The consent signaled by epainos results from consensus, which (following Egon Flaig) Elmer carefully distinguishes from majority rule, and which, he says in connection with the Thersites episode, seems egalitarian but is consistent with social hierarchy. Scholars have often depicted the role of the people (laos) in Homeric assembly scenes as limited to ratifying decisions actually made by their leaders (basilēes), but Elmer makes a strong case that the people’s epainos is necessary for a proposal to become action. The evidence is negative but telling: the many instances in which epainos does not occur and decisions are either [End Page 281] not made or lead to failure. On the other hand, Elmer might have been more explicit about the relation between the authority of the basilēes and the need for consensus. Is a tension between them one of the fault lines of Iliadic society exposed by the narrative? Is the role of a good leader to see that both are somehow accommodated? At any rate, Elmer’s argument that a basileus cannot set aside the opinion of the community, and in particular that Agamemnon’s rebuff of Chryses, despite the people’s support of him at the beginning of the poem, cannot be taken as the norm is persuasive and welcome.Strangely but significantly, an explicit statement of the norm of epainos comes only late in the poem, at Il. 23.539–42, when the Achaeans “express an epainos” at Achilles’ proposal to award the second-prize mare to Eumelos; this response would have been the basis of his doing so if not for Antilochos’s objection. These lines, Elmer argues, show the need for community approval to enact a proposal. The lines also show the power given to individual dissent in a system of consensus. It is a key point in Elmer’s overall argument that in the episode which shows the norm most clearly... (shrink)