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.

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

Scheuerman’s book is one of the handful of significant attempts to rethink Schmitt’s work systematically over the past four decades. In so doing, he raises three key questions for me. First, is Schmitt’s work a sincere contribution to legal and political theory, or an attempt to argue for setting the rule of law aside for authoritarianism, that is, an instrumental critique of indeterminacy? Second, to what extent is Schmitt – critical of the ‘bourgeois’ rule of law, critical of (...) globalization – really a thinker defending capitalism? Can he really be associated with the Ordoliberals (even if they adopted his arguments from 1931 to 1932 in their own writing of the time)? Third, to what extent were Schmitt’s early contributions to National Socialist law aimed at responding to legal indeterminacy, and to what extent did they in fact point towards a radicalism of German law within the Nazi system, especially insofar as they endorsed making decisions based on the principles of justice of the Nazi state – and potentially against the express language of statutes? (shrink)

Carl Schmitt sees the 1933 Nazi seizure of power as a revolution that inaugurates an entirely new era of political-legal order. Analyzing Schmitt’s rarer Nazi-texts, diaries, and correspondence, I argue that from 1933 to 1936 Schmitt attempts to theorize the Nazi revolution by developing an entirely new political language of Nazism, cleansed from non-German ways of thinking, especially nineteenth-century liberalism. I focus on three conceptual transformations through which Schmitt understands the remaking of the German (...) state: The shift from the liberal democratic neutral state to a new one-party state or a Führer-state dominated by a movement – a shift symbolized by the “death of Hegel”; the transformation of sovereign power into Führertum, represented by the symbolical deaths of Jean Bodin and Thomas Hobbes, whose thought cannot comprehend the totality of the Nazi movement, and the perversion of the liberal-democratic equality before the law to the völkisch equality of the race as the basis of all Nazi political–legal life. Criticizing previous interpretations of Schmitt’s Nazi thinking, I demonstrate that when Schmitt abandons his own decicionist thought in favor of concrete order thinking in 1933/1934 the idea of race becomes the basis of his political–legal thought. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 61.2 (2000) 285-304 [Access article in PDF] Vacher de Lapouge and the Rise of Nazi Science Jennifer Michael Hecht * In the literature on the history of the Shoah the existence of a tradition of explicit anti-morality has been generally ignored. 1 This article argues that the materialist anthropology of the late nineteenth and early twentieth centuries waged a direct attack on (...) morality, which was described as inherently linked to religion. Strict materialism also denied any human access to the eternal except through biological lineage, linking the past, present, and future. This concern with procreation, which culminated in a desire to change the racial content of the world, led anthropology to aim its attack on morality on restrictive sexual mores and the injunction not to kill. Still, anti-morality was not conjured up in order to further eugenics; it was an independent idea and an explicit response to the loss of God. The anthropologist who best illustrates this scientific anti-morality is Georges Vacher de Lapouge, the French inventor of "anthroposociology." The present article explicates Lapouge's anti-morality and establishes a connection between his racial theories and those of a coterie of German colleagues. Most notable among these German colleagues was Hans Günther, whose vision had a role in shaping Nazi racial policy, in particular the Nazi interest in head measurements. Scholars investigating the origins of German racism have discovered French influence but have focused on Gobineau and his almost anti-scientific literary racism. This article argues that Lapouge and his scientific racism were also important.The relative significance of ideology in the "Final Solution" is the subject of some debate. This article seeks not to enter that debate but rather to reevaluate the nature of the ideology. It seems clear that whatever may have been the relative importance of ideas to, for instance, mundane careerism and conformity, the [End Page 285] ideas did play a role. 2 Within that context it will be demonstrated that Lapouge's anthroposociology helped to legitimate racialist utopianism. The scientific status of anthroposociology was deliberately engaged as propaganda for the regime, even after the specifics of its injunctions were no longer of much interest to the programmers of genocide.Whatever made people enact and accept genocide as daily routine, the idea of it came from somewhere, and somehow "the moral sensitivities" of the people were dulled. 3 Increasingly, historians stress that along with older forms of anti-Semitism, new scientific doctrines had a direct effect on events. There are a number of studies on the role of science in National Socialist doctrine, but they tend to be more about the role of doctors and the medical model of society than they are about anthropology. 4 Those that do deal with anthropology tend to mention Lapouge as an interesting forerunner but consistently fail to recognize his direct influence on Nazi doctrine. 5Lapouge's contribution to racism was a quantitative, well-written race theory that was replete with the language and tools of science. It was particularly appealing because it described a collection of human groups which sounded too scientific and clinical to be political. The value-laden descriptions of these clinical types (based on head shape) were easily transferred to known "racial" or social groups--with the simple claim that this or that group tended to have this or that head shape. Lapougian race theory was convincing because it was alien and yet confirmed familiar suspicions. It was thus highly instrumental in vitalizing dormant or mild prejudice. These ideas (and the endless columns of measurements and descriptions of head shapes) have grown so foreign to present day beliefs that they have become somewhat invisible to our eyes. Because of this, historians have not fully appreciated one of the important factors contributing to the "respectability" and credibility of a genocidal doctrine.In studying people who were guilty of unparalleled cruelty, historians expected to find moral agony and found instead a bureaucratic, mechanistic, banality. [End Page 286] In considering scientific racism, on the other hand, historians... (shrink)

The ayn-dayn distinction in Ḥanafī legal thought shapes directly many regulations related to the law of obligations, from the legitimacy conditions of the contracts to the principles of compensation obligation. Three aspects are important in understanding the formative function of this distinction. The first of them is what is the conceptual content of ayn and dayn in Ḥanafī terminology. The second of them is what kind of relationship there is between the qualities of goods and ayn and dayn. (...) The third of them is what kind of differences exist between ayn and dayn in terms of their effects on legal regulations. According to Ḥanafī terminology, in a debt relationship, dayn means goods that have not yet been delivered to the creditor, whether they are in the hands of the debtor or not, in terms of goods (gold, silver and money) that are not suitable for determination by determining. Dayn represents the identical goods that is under the responsibility of the debtor in terms of non-existing identical goods. In terms of existing identical goods, dayn represents the identical goods that exist in clusters but have not yet been determined individually. Non-standard goods are goods that are not suitable for dayn because they are not suitable for abstraction from their material existence. Ayn represents the existing and determined goods in terms of non-standard goods and existing identical goods. Ayn represents the goods received by the creditor in terms of gold, silver, money and identical goods that are in the debtor's obligation from the beginning. What stands out among the differences between ayn and dayn is that although destruction and damage can be considered for ayn, they cannot be considered for dayn. In terms of some legal regulations, establishing a relationship between strict liability and dayn and between fault liability and ayn is a result of this. The other important differences between ayn and dayn are the fact that dayn is only determined by delivery and that postponement and remittance are specific to the dayn. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 27.2 (2003) 478-480 [Access article in PDF] The German Aesthetic Tradition,by Kai Hammermeister; xv & 259 pp. Cambridge: Cambridge University Press, 2002; $60.00 cloth; $22.00 paper. In some ways, aesthetic theory has become a thing of the past. With the exception of a kind of fascination with works such as T. W. Adorno's Aesthetic Theory, as a project, as a tradition, aesthetics has surrendered (...) its once monolithic and grandiose position as the philosophical contemplation of art and the notion of artistic beauty to more diminutive fields such as literary theory, poetics and cultural studies. In some ways, this is due to the very function of aesthetics: the philosophical investigation not simply of what is beautiful, but the formulation of prescriptive ideas about works of art and the judgement them according to these prescriptive ideas. This, in turn, has been looked upon with a certain degree of scorn with the rise of a more pluralistic art world and the bold denial that art needs the guidance of philosophy let alone have any prescriptive function or be able to be classified as "good" or "bad."But Kai Hammermeister's The German Aesthetic Tradition takes a very different view. A bold and difficult project, Hammermeister traces the complex and oftentimes abstruse contours of German aesthetic philosophy from its inception with Baumgarten in the eighteenth century through Adorno in the twentieth. In the process, he not only provides us with an excellent historical-philosophical account of the development of German aesthetic philosophy, he also implicitly argues for the relevance of aesthetics as a way not only of comprehending art, but of understanding the cohesive links between art, society, culture and philosophy.The German aesthetic tradition, as Hammermeister refers to it, was a prolonged intellectual argumentation with classical conceptions of art and beauty inherited from classical Greek thought during the eighteenth century. Classical aesthetics was dominated by two opposing conceptions of art and its function. For Plato, art mirrored the outside world (mimesis) and the judgement of good works of art was based on how well this mirroring of the objective world was carried out. Aristotle's idea was that art served a purgatory function (katharsis), cleansing the emotions of the individual through the identification of the observer with the work of art. All of the thinkers in the German tradition wrestle with this dual conception of art in some form privileging one over the other or, more often than not, combining them and extending their explanatory reach. But as in any tradition, they also struggle with the ideas and philosophies of previous thinkers within the tradition itself making Hammermeister's task more complex, one that he handles with adroitness and precision.The book's overarching argument and structure is triadic. Hammermeister sees the eighteenth century through German Idealism and Romanticism as [End Page 478] articulating a set of different paradigms for interpreting art. These are subsequently attacked in post-Hegelian philosophy and are then revived in different ways in the twentieth century as a reaction to Nietzsche's aestheticization of philosophy. Two paradigms emerge as central for the subsequent unfolding of the tradition. First, there is Immanuel Kant's conception of art as wholly separate from epistemology and from morality. For Kant, the work of art is centered in the experience of the subject and, in terms of form, exists outside its social context. This Hammermeister calls the "first strong paradigm of aesthetics" (p. 40). Next, there is the position of Friedrich Schiller who sees a connection between the work of art with culture, thought and morality. "[T]he culture of beauty demonstrates the freedom of man to turn himself into whatever being he envisions while remaining under the law of morality" (p. 57). For Schiller, there exists a kind of spillover effect of art into other domains of human thought and action—specifically in morality and politics—and this represents a crucial deviation from Kant's paradigm and another tendency within the tradition of German aesthetics, i.e., the aestheticization of other domains of human existence.Schelling and Hegel represent two other... (shrink)

Summary The development of post-war German social sciences is marked by a series of disputes about the nature and implications of positivist methodology. Two of these are selected for consideration here; the ‘positivist dispute’ in German sociology associated with Adorno and Popper, and the more diffuse assault on positivism in the legal sciences. In both cases, self-avowed positivists were in fact hard to find but the debates were important polemical disputes about the past—notably the Weimar Republic (...) and the Third Reich—and the future of the young Federal Republic. It is suggested below that these disputes should be seen in this context and that the polemical claim in both disputes that certain methodological standpoints mandated specific moral and political commitments is more questionable. (shrink)

Martin Walser's reflections on German self-identity have made him a controversial author: whereas critics have raised charges of,,literary anti-Semitism", his defenders consider him – as a writer who since the early 1960s has shown a preoccupation with his country's Nazi past – immune to such criticism. Taking both arguments seriously, Matthias N. Lorenz has reviewed Walser's allegedly untenable positions on the Holocaust in his book,,Auschwitz drängt uns auf einen Fleck": Judendarstellung und Auschwitzdiskurs bei Martin Walser. In this (...) essay the author concisely presents the main theses and thoughts of Lorenz's widely discussed Ph.D. dissertation. (shrink)

Here, I have tried to show that a second look at the young Schmitt's legal thinking does bring clarity to the 'confused'� and 'polemical' debate about his theoretical and political legacy. Pace Schmitt, it helps demonstrate that Schmitt's embrace of German fascism was anticipated by key elements of his thinking about the dilemma of legal indeterminacy -- well before Hitler's rise to power.

This paper examines the logic and morality of the German Stem Cell Act of 2002. After a brief description of the law’s scope and intent, its ethical dimensions are analysed in terms of symbolic threats, indirect consequences, and the encouragement of immorality. The conclusions are twofold. For those who want to accept the law, the arguments for its rationality and morality can be sound. For others, the emphasis on the uniqueness of the German experience, the combination of absolute (...) and qualified value judgments, and the lingering questions of indirect encouragement of immoral activities will probably be too much. (shrink)

My reflections on the Vietnam Veterans Memorial were provoked some time ago in a quite natural way, by a visit to the memorial itself. I happened upon it almost by accident, a fact that is due at least in part to the design of the Memorial itself . I found myself reduced to awed silence, and I resolved to attend the dedication ceremony on November 13, 1982. It was an extraordinary event, without question the most moving public ceremony I have (...) ever attended. But my own experience of the Memorial on that and other occasions is far from unique. It is almost commonplace among the many visitors to the VVM—now the most visited of all the memorials in Washington—a fact so striking as to have compelled journalists, art historians, and architects to write countless articles about the monument. And although philosophers traditionally have had little to say about architecture in general or about that of memorials in particular, there is much in the VVM and its iconography worthy of philosophical reflection. Self-knowledge includes, I hazard to say, knowledge of ourselves as members of the larger social and political context, and so includes knowledge of that context.Architecture need not memorialize or symbolize anything; or it may symbolize, but not in a memorializing way, let alone in a way that is tied to a nation’s history. The structures on the Washington Mall belong to a particular species of recollective architecture, a species whose symbolic and normative content is prominent. After all, war memorials by their very nature recall struggles to the death over values. Still further, the architecture by which a people memorializes itself is a species of pedagogy. It therefore seeks to instruct posterity about the past and, in so doing, necessarily reaches a decision about what is worth recovering. It would thus be a mistake to try to view such memorials merely “aesthetically,” in abstraction from all judgments about the noble and the base. To reflect philosophically on specific monuments, as I propose to do here, necessarily requires something more than a simply technical discussion of the theory of architecture or of the history of a given species of architecture. We must also understand the monument’s symbolism, social context, and the effects its architecture works on those who participate in it. That is, we must understand the political iconography which shapes and is shaped y the public structure in question. To do less than this—if I may state a complex argument in hopelessly few words—is to fall short of the demands of true objectivity, of an understanding of the whole which the object is. To understand the meaning of the VVM requires that we understand, among other things, what the memorial means to those who visit it. This is why my observations about the dedication of the VVM and about the Memorial’s continuing power over people play an important role in this essay. Charles L. Griswold, associate professor of philosophy at Howard University, is the author of Self-Knowledge in Plat’s “Phaedrus” and has published widely in the areas of Greek philosophy, German Idealism, hermeneutics, and political philosophy. He is an editor of the Independent Journal of Philosophy and a recipient of numerous awards and fellowships. Currently he is working on a project which centers on Adam Smith’s notion of the “self” and Smith’s relationship to Stoicism and to the American Founding. (shrink)

In recent years there has been great attention paid to the so-called Italian theory in the field of political philosophy. This definition has brought to the fore Italian thinking, but at the same time also covers many reflections of the past several decades, by creating a category easily disclosable but also restricted to a few authors and topics. To this regard, I want to highlight the philosophical work of Ubaldo Fadini, professor of philosophy at the University of Florence, who (...) for many years has been dedicated to the German and French philosophical tradition, crossing different disciplines and combining aesthetic and ethical issues to frame the subjectivity and the institutions into the post-Fordist era. -/- Since his work is multi-faceted and broad, I would suggest first reading Il desiderio in America (The desire in America) for his ‘achipelago-politics’. Fadini addresses the issue of desire in Deleuze with an approach that escapes the opportunity and claim to be an interpretive key from which to see everything systemically. His work wisely touches on several authors and issues, from Kafka to Melville, Spinoza and Nietzsche, and many others, addressing the dynamics of a desire, debt, conscience, responsibility and law. These are, therefore, multiple inputs to desiring, which does not hide the dotted plurality of the brothers in the world, beyond the tight grip of the Oedipal triangle, i.e. the father-mother-child relationship. It follows a not only a psychological issue but also a political one, thus it regards the delineation of a field of forces in which ‘who’ acts – and speaks – is not only the person (a term which in Latin refers to theatrical mask, but well-defined identity fictitious necessary to enter the scene and carry on a story), but the scene itself, produced by relations not illuminated by the light of the show. The plural world of the brothers is the American one, in which the Oedipal relationship with the father-homeland is cut in the name of equality, contrary to colonial subjection (of which Fanon has also shown the psychic character revealing the mechanism of the colonized that internalized the oedipal function of the dominus. Fanon, in fact, has linked the production of subjectivity employee with the apparatus of colonial subordination). -/- To this aside to Deleuzian thought, Fadini adds another, but productively connects to the first: from the cut with the father was not born the son (as in Hegelian-Lacanian interpretation or dialectical-psychoanalytic who wants the definition of the son from by the conflict with his father), but the brothers, the concrete manifold in which the father is not necessary but is placed from time to time in the decision-making function of the uncertainty, in the mobile uncertainty of the brothers in their organization. That this is happening is not a scandal. That this would represent a danger, as Fadini states, is a necessary point to be aware. Maybe, the problem arises when this function is preached the need: no, the fathers are not necessary. And even mothers. We reiterate: it is a political issue around which affirms or denies the legal capacity of the many in favor of the one. The one may be different persons: those who came before, the old, the wise, the priest who runs the border between the world and underworld with the rules applied on the swinging from one place to another, the legislature, the owner. The reason why the scope of the one is so problematic is mainly related to the mechanism he establishes so to ex-istere. It is a mechanism for fault-liability-debt, such as a pyramid which is based on a ‘primary’ concept, namely that of the absence. The paternal function certainly sums up everything in a person: the father is the legislator, he was there before, is older, closer to the world of the dead, but even in that of the living, owns the world, provides rules – even interpretation – to be applied to the fluctuations of life. A really great invention, no doubt about it, higher than that of basileus-priest, more functional, yes, more functional. -/- As in The Wizard of Oz, a narrative that is served in an American election campaign and, as Graeber reminds us, explains the necessity of the idea of debt so to found the new relationship between money and gold, the legislator is microscopic compared to the effects of the conviction that is produced on a large scale, not only on his community but also on the foreigners who come to him in search of completeness. The vacuum is once again an instrument of domination, nothing else. Lack of confidence, of course. Lack of confidence in the ability of the brothers. In the story of The Wizard of Oz, the wizard was well-intentioned and therefore the trick is revealed, however, he reaffirms his role by giving foreigners a certificate of completion that settles the existential debt. Lack of confidence and perhaps even the reading of fairy tales. We don’t need ‘real’ narrations but concrete tales, and, as Fadini says, archipelagos and pirates and cartographers. (shrink)

The article describes the history of Mykolas Romeris University periodical science journal “Jurisprudence”. The principal characteristics describing “Jurisprudence” as well as the content of the journal are discussed in the article. The “Jurisprudence” of today is a modern tribune that helps the scientists of Mykolas Romeris University and other educational institutions as well as the scientists of foreign countries to present to the society the findings of various scientific works in the sphere of research of fundamental and applicable legal (...) science. The journal has been officially granted the status of prestigious publication that embodies the acknowledgement of the publications for the authors of the articles published in the journal while claiming for the scientific degree or pedagogical title. The publications of this journal are reflected in the notorious international data bases. During the past twenty years, 132 tomes of “Jurisprudence”, that overwhelms more than 2100 printer’s sheets, have been published. Approximately 1900 scientific articles in Lithuanian, English, German, French, Polish and Russian have been published. The genuine popularity and the social utility of the substance published in the journal is apparent not as much from the edition of the traditional paper version of the journal as from the data, showing the numbers of users downloading the electronic version of the articles of the journal that mostly reach the four-figure numbers, sometimes extending to five or six thousand. Some attention in the article is paid to discuss the primal problematics of legal science reflected in the pages of “Jurisprudence” as well as to describe the contribution of the authors of the articles. The content of the journal allows us to ascertain the variety of publications announced, as they overwhelm practically all the classical branches of legal science. The journal analyses the conceptual matters as well as solves the specific problems dictated by practice. Most of the articles published in the journal are oriented to the primal legal problems of a particular period, raise and analyse problematical questions relevant to both science and practice as well as correspond to the novelties of legal regulation in Lithuania. (shrink)

ABSTRACT This article offers a new reading of Carl Schmitt and his Nazi engagement by chronologically examining the changing uses of Roman law in his Weimar and Nazi thought. I argue that Schmitt’s different ways of narrating the modern reception of Roman law disclose, first, the Nazification of his thought in the spring of 1933, and second, the partial and apologetic de-Nazification of his thinking in the 1940s. While Schmitt’s Weimar-era works are defined by a positive (...) use of Roman imagery, ranging from Schmitt’s support to the Catholic Church to his endorsement of Benito Mussolini’s ‘total state’ in Italy, Schmitt’s Nazi writings from 1933 to 1936 describe the reception of Roman law as an anti-German virus that must be overcome by the Nazi movement. This shift mirrors Schmitt’s transformation from an authoritarian thinker sympathetic to Italian Fascism into a devoted Nazi. However, once Schmitt begins to see that Germany will lose World War II, he recalibrates his position. While Schmitt’s earlier Nazi writings offered a negative estimation of the historical school of Friedrich Carl von Savigny, in his 1943/44 book on European legal science, Schmitt portrays Savigny as the paradigmatic European, whose work opens the path for a renewed legal science. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Benedict XVI, A Life: Volume 1, Youth in Nazi Germany to the Second Vatican Council 1927–1965 by Peter SeewaldEmil AntonBenedict XVI, A Life: Volume 1, Youth in Nazi Germany to the Second Vatican Council 1927–1965 by Peter Seewald, translated by Dinah Livingstone (London: Bloomsbury Continuum, 2020), xi + 500 pp.What better way to spend Pope Benedict XVI's ninety-fourth birthday than by reviewing a Ratzinger biography while (...) having Apfelstrudel and some traditional Bavarian beer?German journalist and author Peter Seewald, who in his many interviews has asked Joseph Ratzinger / Pope Benedict XVI a total of two thousand or more questions (ix), has written a splendid biography that surprises even someone who has already read dozens of books by and about Benedict XVI. Written in an extremely enjoyable style and divided into chapters of just the perfect length, this page-turner deserves the highest praise. It will likely take its place alongside George Weigel's famous (and equally massive) biography of Pope John Paul II, Witness to Hope.The German biography has been divided into two volumes in English (vol. 2 was just published in November of 2021). Volume 1 deals with the years 1927–1965, dominated by two historic "Twos": World War II and Vatican II. Theologically, this is the period of the progressive Ratzinger (regardless of whether he "converted" to a more conservative stance later on), or as Seewald puts it, a man formed by "liberal Bavarian Catholicism" (124).Seewald provides lots of new and interesting information about Joseph Ratzinger, both bitter and sweet. One example from the early chapters concerns the origins of Ratzinger's mother. It turns out that she was an illegitimate child and not actually from South Tyrol, contrary to what her children had thought. A local historian has discovered that Ratzinger's mother Maria was actually born in Mühlbach "in the district of Rosenheim,... in a house that specialized in helping unmarried pregnant women to give birth" (15).For the romantic, the sweetest story of the book comes when Seewald [End Page 963] pushes the reserved Pope Emeritus to reveal more about the "painful decisions" that the young Munich seminarian had to make in relation to his vocation as a celibate priest. "'Were you in love with a girl?' 'Perhaps.' 'So, yes?' 'It could be interpreted like that.' 'How long did this passionate time last? A few weeks? A few months?' 'Longer'" (219). Ratzinger was in love! Or at least it could be interpreted like that! Other heart-warming details include the revelation that Ratzinger's childhood teddy from Marktl followed him all the way to the Apostolic Palace, as well as the fact that, when his blind brother Georg (now deceased) needed a housekeeper, Benedict XVI personally organized the job interview in the Vatican gardens.A darker episode, minimized in Ratzinger's autobiographical memoirs, concerns his role in the radar crew of the German anti-aircraft forces in World War II. The future Pope was entrusted with the task of targeting British bombers. Seewald fills in the narrative: "Ratzinger delivered readings for three guns,.... The more precisely Joseph measured, the higher the hit rate. As the war demanded" (101). Years later, Ratzinger confessed that these experiences still occasionally gave him sweaty nightmares.Seewald goes on to describe the exceptional postwar context in which Ratzinger prepared for the priesthood. The future priests knew that they would soon have to hear confessions of ex-Nazis who had shot people in the war (153). Indeed, after the war, many old Nazis turned to the Church and attempted to get de-Nazification certificates. Ratzinger's parish priest even joked that one day "they will say the only Nazis were the priests" (131).As did everyone, Ratzinger also felt the effects of poverty in postwar Germany. Whenever a festive dinner had to be given for a visitor at the seminary, "we went hungry on the most meagre rations for four long weeks in order to gather the ingredients" (189). After a short period of pastoral ministry subsequent to his ordination, the stellar theologian went back to the seminary as a teacher. Barely twenty-five-years-old, he was younger... (shrink)

Jürgen Habermas is well known for his scholarly works on the theoretical foundations of the human sciences. The New Conservatism brings to light another side of Habermas's talents, showing him as an incisive commentator on a wide range of contemporary themes.The 1980s have been a crucial decade in the political life of the Federal Republic of Germany. The transformations that accompanied a shift from 13 years of Social Democratic rule to government by the conservative Christian Democrats are captured in this (...) series of insightful, often passionate political and cultural commentaries. The central theme uniting the essays is the German problem of "coming to terms with the past," a problem that has important implications outside Germany as well.Of particular note are the essays on what has come to be known as the Historians' Debate: Habermas's attack on the revisionist German historians who have been trying to trivialize and "normalize" the history of the Nazi period, and his defense of the need for a realistic and discriminating coining to terms with the past in Germany. Habermas also takes up the recent fracas concerning Martin Heidegger's involvement with Nazism and the rise of the neoconservative movement in Europe and America. In particular, the essay on "The New Obscurity" combines Habermas's analysis of the problems of the welfare state with his suggestions for avenues open to utopian impulses today.Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. The New Conservatism is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:On Secular Governance: Lutheran Perspectives on Contemporary Legal Issues ed. by Ronald W. Duty and Marie A. FailingerElisabeth Rain KincaidOn Secular Governance: Lutheran Perspectives on Contemporary Legal Issues Edited by Ronald W. Duty and Marie A. Failinger grand rapids, mi: eerdmans, 2016. 382 pp. $45.00In editing this collection of essays, Ronald Duty and Marie Failinger describe their goal as seeking "to bring more Lutheran voices to (...) the pressing legal issues" in local and global contexts (1). They point out that in discussions between the fields of religion and law to date, "Jewish, Muslim, Catholic, and Reformed perspectives have largely dominated" (1). In bringing Lutheran perspectives to questions of law and religion, this collection begins an important task of retrieving a theological perspective on law that was integral for the formation of modern legal thought but has been largely absent from contemporary discussions of law and religion.The strength of this collection of essays lies in the breadth of contemporary legal questions addressed and in the diversity of perspectives offered. Since, as Duty and Failinger point out, recent Lutheran scholarship has been relatively silent on questions of law and religion, there is a broad field of issues to explore. This collection avoids too narrowly focusing on any one "hot-button" issue of law and religion, such as questions of religious liberty or relationship between church and state, although these questions are addressed. Rather, it benefits from a truly expansive view of contemporary legal issues and includes essays on issues as diverse as immigration reform, family law, fiduciary duties, military chaplaincy, and water rights in the American Southwest. The collection also shows geographical breadth, and looks beyond the contemporary American and European legal arena to consider how theology could affect law in Nigeria and Rwanda. The volume also benefits from a wide range of theoretical approaches, including contributions from both legal scholars and theologians. In [End Page 211] the dialectic that results as theologians consider law and legal scholars consider theology, we see a performative example of the Lutheran concept of two kingdoms, both coexisting under God's domain.The collection would have benefited from a broader use of theological sources to accompany this admirably broad approach to legal issues. Many, although not all, of the essays, draw only on Martin Luther's understanding of Christian engagement with legal authority. This focus on Luther's somewhat limited legal corpus can result in a slightly repetitive theological approach among the essays. However, this narrow focus on Luther indicates a potential next stage for further development of Lutheran engagement with contemporary legal issues. In the closing essay in the book, "How Should Modern Lutherans Try to Shape Secular Law?," Robert Benne references John Witte's work in tracing how Philipp Melanchthon and the Lutheran jurists developed Luther's original theory of law to "build bridges between the two kingdoms" (332). While this book provides a good starting point for bringing Lutheran perspectives to bear on contemporary legal issues, it also indicates the need for future research to excavate the perspectives of Melanchthon and jurists such as Johannes Eisermann and Johann Oldendorp, along with more modern Lutheran scholars of law and religion, such as Helmut Thielicke, who considered the legacy of Lutheran legal theory in the wake of post-Nazi Germany. Both Lutheran theological approaches to law and legal approaches to religion will undoubtedly be enriched if the editors' project continues, resulting in continued excavation of later Lutheran interpretation and reception of theories of law, which will bring Lutheran theology ever closer to the challenges of contemporary legal issues in the modern nation-state.Elisabeth Rain KincaidUniversity of Notre DameCopyright © 2018 Society of Christian Ethics... (shrink)

The article explores the connection between enlightenment and comedy, as well as its importance for German Jewry. Following Hegel, whose thoughts on ancient drama as well as modern society have shaped the German discourse on comedy until today, this article demonstrates that questions of self-formation, emancipation, and historical self-location are central to comedy. In Carl Sternheim’s comedy The Snob, the idea of self-formation resonates with the historic concept of “civic improvement” through “Bildung”: Jewish emancipation in Germany stood at (...) the end of an educational project that outlasted Jews’ achieving legal equality. The Snob is a comedy about Jewish acculturation and bourgeoisification and embodies Marx’s understanding of comedy as ambivalent: on the one hand, comedy helps people to part cheerfully from their past that was characterized by inequality, but, on the other, it indicates that a world-historic fact like Jewish emancipation may be prone to repeat itself as a farce. Sternheim’s comedy develops a poetic that embraces ambivalence, but also opens the genre of comedy to the question of therapy and healing. It depicts the struggle between autonomy and social formation – the dialectics of German “Bildung.”. (shrink)

This article assesses to what extent the future of democratic liberty depends upon its citizens employing a proper approach to the past, by analyzing Tocqueville’s views of three kinds of historical consciousness—aristocratic, revolutionary, and democratic. It is argued that democracies require certain aristocratic assumptions about historical dynamics to cultivate a historical consciousness that fosters liberty. Key to this is the belief in the human capacity to influence the trajectory of history. Tocqueville’s historical approach, which blends aristocratic and democratic elements, (...) is identified as the most effective method for tempering the fatalistic tendencies of the democratic point of view. Thus, for democracies to maintain liberty, citizens should recognize the dual role of general causes and human agency in directing the course of historical events. Tocqueville’s insights on the effects of historical consciousness on the future of democratic liberty remain particularly relevant today when Western democracies confront internal polarization and external anti-democratic challenges, whether neoliberal, illiberal, populist, or fascist. (shrink)

At the same time as the modern idea of the state was taking shape, Hugo Grotius , Thomas Hobbes and Samuel Pufendorf formulated three distinctive foundational approaches to international order and law beyond the state. They differed in their views of obligation in the state of nature , in the extent to which they regarded these sovereign states as analogous to individuals in the state of nature, and in the effects they attributed to commerce as a driver of sociability (...) and of norm-structured interactions not dependent on an overarching state. Each built on shared Roman and sixteenth-century foundations . Section II argues: 1) that Grotius's natural law was not simply an anti-skeptical construction based on self-preservation , but continued a Roman legal tradition; 2) that Hobbes's account of natural law beyond the state was essentially prudential, not moral ; and 3) that commerce as a driver of social and moral order had a substantial and under-appreciated impact on international legal order. Each contributed to the thought of later writers such as Emer de Vattel , David Hume , and Adam Smith , and eventually to the empirical legal methodologies of Jeremy Bentham and Georg Friedrich von Martens. (shrink)

Historians of political thought have begun to discover how contemporaries attempted to argue about armed conflict within the body politic without giving licence to anyone to escape order and subjection. During the sixteenth and seventeenth centuries, the concept of 'self-defence' became of overriding importance. English and Scottish interest in German affairs grew after the battle at the White Mountain in 1620. English and Scottish pamphleteers and writers subsequently began to recognize some of the argument concerning 'self-defence' that had (...) been elaborated in the Empire until this point. As the English 'ancient constitution' began to crumble under the mounting pressure of conflict between King and Parliament from 1642 onwards, the exhaustive philosophical and legal reasoning on the nature and basis of the body politic found within political texts emanating from Germany thus appeared increasingly attractive. However, as German ideas on self-defence were used, they underwent a significant transformation within their new English context. Because the sovereignty of the King in Parliament did not allow the integration of German ideas on self-defence based on the peculiar nature of sovereignty in the Empire, English thought gradually transformed the state of necessity in German thought into ideas of a state of nature. (shrink)

The most striking economic and political fact of the past forty years has been the dramatic increase in economic and political inequality throughout the advanced economies. This Article considers this development as an occasion to explore the contribution of contemporary law and legal thought to the problem of inequality. I focus on two main themes: the naturalization of the present institutional form of the regulated market economy, and the naturalization of the present low-energy form of democracy. I (...) argue that in each case, the absence of structural vision in law prevents us from understanding the sources of and remedies for inequality. We must rescue the insight from the compromise and begin to develop a better way of thinking about law and the economy, if we are to understand and address the rise of inequality. Therefore, three programmatic implications are suggested in this Article regarding three domains: politics, production and finance. (shrink)

This important new study is an intellectual history exploring the reception of Darwinism by prominent German socialist theoriests: Karl Marx, Friedrich Engles, Friedrich Albert Lange, Ludwig B chner, August Bebel, Karl Katusky, and Eduard Bernstein. It relies not only on published books, articles, and speeches by these men, but also on some unpublished correspondence. In addition, one chapter covers the anti-socialist stance of prominent Darwinian biologists, including Charles Darwin and the foremost champion of Darwinism in Germany, Ernst Haeckel. Darwinism's (...) effect on German socialism's view of eugenics, race and religion are also discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Young Finley:Observations on Naiden, Perry, and TompkinsBrent D. ShawIn this cursory response, I reflect on the hard work done by the three colleagues on whose articles I am commenting. Their investigations have contributed to a better understanding of the complex academic and professional background of a man who was surely one of the more influential historians of Greek and Roman antiquity writing in the latter half of the (...) twentieth century. So it is to these colleagues that the reader should pay most attention. My comments are in part directed to some specifics in their papers, and in part they are thoughts provoked by first listening to two of the papers at the 2012 Association of Ancient Historians meeting, and then reading all three (now including Jonathan Perry’s) in written form the following year.My first observation made in reflecting on the detailed recountings of one individual’s past—ordered details that produce an apparently sensible and logical narrative—is to see less conscious and perhaps seemingly trivial factors in the making of the professional historian. These are easily ignored, but their long-term and situational impact was sometimes great. The first of them is boredom.1 After all, in accordance with his father’s wishes, in 1929 Finley began work in the legal department of General Motors after securing a Master’s degree in American constitutional law. Like his older brother Murray, he could have continued to serve usefully and profitably in this capacity, and might have entered the governing echelons of one of the great capitalist corporations of his time: what a concept! Why did he not stay with GM? By his own account in the interview with Keith Hopkins, glacial boredom drove him back to his avocation of history. Like the rest of us who have this fascination, he was intrigued by the past, and this compelling interest overrode other possible ways forward.2 Sometimes details like these just jump out of the [End Page 267] piles of facts, and sometimes they are important in defining the person. I remember standing in front of the large portrait of Finley at Darwin College, Cambridge, and saying to a friend of mine, standing beside me, "There’s something missing here." "The burning cigarette," he replied. He was right. And this, too, locates our man in a certain mode of past behavior.3A vivid scenario from the 1940s evoked in Fred Naiden’s paper (p. 250) features the divisions between the downtown and uptown communities in New York city that Finley somehow had to negotiate as part of his management of Russian War Relief. In one of the missives quoted about navigating his way between the shoals of these conflicts, I spotted the use of the adverb "flatly," and I immediately recognized our man: "I have flatly told the Landsmanschaft groups that..." he states in a 1943 memorandum warning that these groups should not deal with the Jewish Defense Committee (JDC), but rather with the Russian War Relief organization, in supporting Jewish communities that had been under Nazi occupation in eastern lands. As tiny a thing as it is, it is no surprise that this same absolute refusal is expressed with the same adverb in a much later 1975 letter to Pierre Vidal-Naquet, quoted by Naiden (above, p. 257): "It gives me no pleasure, as you can imagine, to turn you down flatly...," once again precisely in internal disagreement over strategy and Jewish identity, and in affirmation of Finley’s standoffish attitude to the new state of Israel. The two instances were linked. As the JDC people oriented themselves more and more towards Washington, lobbying the center, and away from New York, they became more pro-Israel. Meanwhile, the downtown left drifted away from such involvements. There are always these instances of movement. Like boredom, they signal changes and continuities.One is struck by the world of continuities, even as the Thirties were hurled violently into the Forties by the colossal forces of a global conflict. As seems increasingly clear from these three insightful and detailed pieces of research, however, the big discontinuity occurs immediately after the war, between 1946 and the end... (shrink)

Stanisław Głąbiński (1862–1941) professor at the Lvov University, the author of a two volume work entitled „National economics” is a representative of the historical-national trend in Polish economics. The subject matter of his concept of national economics is the national economy which is a higher rank entity, encompassing all economic entities in the country that are related materially and spiritually. Bonds that link individuals into a higher rank entity, i.e. a nation, are reflected in the term ‘social resources’. Głąbiński understands (...) them as moral and material heritage of past generations that influences attitudes of the contemporary generation. He divides them into moral and material resources, and especially emphasizes the importance of the former ones. In the concept of moral resources, Głąbiński included his claims concerning the whole socio-ethical conditions of economic processes. He appreciated the influence exerted by the changes in the ethical viewpoint of the society on the economic activity as well as on the shaping of the sense of duty towards the whole society. Special emphasis placed in Głąbiński’s economic theory on the role of ethical motives undoubtedly springs from the influence exerted by the German historical school and, in particular, by Bruno Hildebrand. It also is a result of the effect of Polish economic thought including in particular the views of Fryderyk Skarbek and Józef Supiński. According to Głąbiński, the most important constituent element of material resources was finance, understood by him as stocks of economic goods. (shrink)

Recently, religious organisations, governments and public institutions have begun to offer apologies for historical wrongs. Can they legitimately do so? Departing from the tendency, Professor Hubert Markl, President of the Max Planck Society, has offered strong reasons for not apologising for the crimes of medical scientists who experimented on human subjects during the Nazi era. He argues that only the perpetrators can meaningfully apologise. Markl’'s position is considered and rejected in favour of the view that apologies by proxy for (...) historical wrongs are justifiable and should be made by institutions that have the authority to do so. (shrink)

In this essay reviewing Brian Leiter’s recent book Naturalizing Jurisprudence, I focus on two positions that distinguish Leiter’s reading of the American legal realists from those offered in the past. The first is his claim that the realists thought the law is only locally indeterminate – primarily in cases that are appealed. The second is his claim that they did not offer a prediction theory of law, but were instead committed to a standard positivist theory. Leiter’s reading (...) is vulnerable, because he fails to discuss in detail those passages from the realists that inspired past interpretations. My goal is to see how Leiter’s reading fares when these passages are considered. I argue that Leiter is right that the realists’ indeterminacy thesis has only a local scope. Those passages that appear to claim that the law is globally indeterminate actually address three other topics: judicial supremacy, judges’ roles as finders of fact, and the moral obligation to adjudicate as the law commands. With respect to the prediction theory, however, I conclude that Leiter’s position cannot be defended. Indeed the realists offered two “prediction” theories of law. According to the first, which is best described as a decision theory, the law concerning an event is whatever concrete judgment a court will issue when the event is litigated. According to the second, the law is reduced, not to concrete judgments, but to regularities of judicial (and other official) behavior in a jurisdiction. I end this essay with the suggestion that the realists’ advocacy of the second prediction theory indirectly vindicates Leiter’s reading of the realists as prescient jurisprudential naturalists. (shrink)

The authors of this article use systemic, comparative and historical methods to review the most representative legal systems – rench, English and German – and analyse how these legal systems deal with the effects of change in circumstances on the performance of a contract. The authors also discuss solutions adopted by scholar groups working on supranational contract law (soft law) instruments, namely, UNIDROIT Principles of International Commercial Contracts and Principles of European Contract Law, stressing that these (...) sets of principles have significantly affected Lithuanian contract law provisions on changed circumstances. The authors concisely evaluate the case law of the Supreme Court of Lithuania on the application of the provisions on change in circumstances and their effect on the performance of a contract. (shrink)

This book examines moral issues in public and private life from a religious but not devotional perspective. Rather than seeking to prove that one belief system or moral stance is right, it undertakes to help readers more fully understand the effect of religious beliefs and practices on ways of conceiving and addressing moral questions, without having to accept or to reject any specific religious outlook. It shows how the similarities between religions and the differences within any one religion are more (...) important than the reverse. The book asks • Where do moral imperatives come from, and how do the answers found in religion and law interact? • How does the fact that a moral norm is grounded in religion affect our thinking about it? • What is the significance of the differences between religious and secular sources of moral norms? (shrink)

Writing, the exigency of writing: no longer the writing that has always (through a necessity in no way avoidable) been in the service of the speech or thought that is called idealist (that is to say, moralizing), but rather the writing that through its own slowly liberated force (the aleatory force of absence) seems to devote itself solely to itself as something that remains without identity, and little by little brings forth possibilities that are entirely other: an anonymous, distracted, (...) deferred, and dispersed way of being in relation, by which everything is brought into question – and first of all the idea of God, of the Self, of the Subject, then of Truth and the One, then finally the idea of the Book and the Work so that this writing (understood in its enigmatic rigor), far from having the Book as its goal rather signals its end: a writing that could be said to be outside discourse, outside language. – Maurice Blanchot ( The Infinite Conversation , xi) The Compendium * Beginning with the idea and practice of writing, and moving to the subject or self, then to truth and the One, and arriving at the Book and the Work, Blanchot’s words reflect the trajectory of the following work of writing. True to the embeddedness of the subject in the work of writing, the term “Compendium” has been a metonym for me over the past few years as I have thought about the concept of totality alongside its expression in figures such as the One, the Whole, or the All. In the following I aim to share some of the content of this metonym, and to enrich it by making some distinctions. 1 Here the term “Compendium” will refer to a concept of totality that is ontological (pertaining to being, and the copula) and also textual (pertaining to the symbolic, and the signifier-signified relationship). The Compendium is a figure for thinking the world as a Book, in the broadest sense—an approach to reality that is by no means new, but one that is due for renewal. 2 In partial answer to the question of the Compendium we will say that the word ‘Compendium’ stands in for expressions which seek to totalize, or concepts which seek to approach the concept of ‘everything,’ particularly when these expressions are bound up in the question of the Book (both the book as a physical object and the Book as a metaphysical figure: a way of thinking about the work in and of writing). The question of the Compendium is strongly associated with the physical and metaphysical form of the Book, like the mysterious and symbolic books which are opened in the Biblical book of Revelation, the book of life and the book of death, which together constitute an important couplet. 3 Parataxis & Hypotaxis There are two helpful distinctions that will bring us closer to an answer to the question “What is a Compendium?” The first distinction is between two figures in and for writing: parataxis and hypotaxis . Typically paired in contrast to one another as literary techniques, with parataxis indicating a side-by-side placement of textual elements and hypotaxis referring to subordinate arrangements of textual elements, the two figures can be understood as having a philosophical significance in addition to their practical function as devices for writers. For us these two terms will remain between philosophical theory and writing practice, and serve as a perspective for our writing and creation of texts. Here I take texts to refer to anything from the concrete written words in a book, to the ontological text of the world that we experience. Parataxis , as a figural way of thinking about the ontological structure of texts, refers to texts which are tightly woven and interdependent – texts within which each sentence bears the weight of the entire work. Parataxis often involves repetition, great density, and fragility. One of the best examples of this sort of text is Theodor Adorno’s posthumous magnum opus , Aesthetic Theory . In addition to the text itself, the translation history of the book may also help us to better understand parataxis and its relation to hypotaxis . The final published version of Aesthetic Theory , in German, was a text that Adorno intended to revise and rewrite, but this intention was never realized because of his untimely death. Where the German text of Aesthetic Theory certainly exemplifies the concept of parataxis , the first English edition took this densely woven text and carved Adorno’s lengthy paragraphs and lengthy sentences into manageable ‘bite-sized’ pieces of English text. The first translator took further liberty and inserted headings and new paragraph breaks where there were none in the original. Aesthetic Theory was eventually retranslated by Robert Hullot-Kentor and is now available in a form that is much more faithful to the original work. 4 The pertinent idea that this translation history points to is the distinction between parataxis and hypotaxis . Where parataxis describes texts which are repetitive, densely woven, and often fragile, hypotaxis describes texts which are hierarchical and in which the primary relation is linear – the latter of which is very similar to the first English translation of Aesthetic Theory . On the other hand, the original German text that Adorno wrote was very dense, often repetitive, and contained long sections of text unbroken by paragraphs or headings. This example of parataxis was then turned towards hypotaxis through the initial translation which took a text that was, in many ways, nonhierarchical and nonlinear, and artificially subjected it to a hierarchy that was not its own (and here I take the word of Fredric Jameson who comments on the two translations in a note at the beginning of his book Late Marxism ). 5 The point here is not about translation, but rather the distinction between parataxis and hypotaxis precisely as they are figures for discourse, written or otherwise. The concept of parataxis looks far more postmodern and rhizomic than the concept of hypotaxis which remains very modern and arborescent. This is a more figural way of talking about the distinction. However, if we wanted to take a more precise and analytical approach we could say that on the level of form parataxis involves a relationship between sentences and paragraphs in which each part bears an equally crushing responsibility to present the whole content of the text. As well, on the level of content, parataxis requires that each concept in a work take on the full conceptual weight of the total work. Continuing the analysis, we could say that parataxis describes texts in which there is no (or very little) linear or causal move from antecedent to consequent, whether in content or form. Instead, parataxis describes texts which weave together concepts via conjugations or associations. The concept of hypotaxis , on the other hand, requires that texts submit themselves to hierarchy, one example of which is logical argumentation. The contingency of the conclusion upon premises in hypotaxis is certainly distinct from the repetition, re-presentation, and conjugation of concepts in parataxis , and I think that this is evident in the difference between the writing styles prevalent in contemporary Analytic philosophy and Continental philosophy. It is not the case that the distinction between parataxis and hypotaxis absolutely corresponds with the writing styles of Continental and Analytic philosophy (respectively). There are thinkers who take exception to this pattern, such as Badiou’s more formal approach in the discourse of Continental philosophy to give one example. However, when Analytic philosophy takes its writing lessons from the sciences, and seeks to do philosophy via the clean linear move from antecedent to consequent, then I think that Analytic philosophy writes with hypotaxis in mind. On the other hand, when Continental (particularly German and French) philosophy takes its writing lessons from narrative or poetry then Continental philosophy writes with parataxis in mind. It is not fair to say that all those writing Continental philosophy are looking to narrative and poetry for stylistic direction, just as it is not the case that all those writing Analytic philosophy have mathematics and science as their writing format, however there are some striking ways in which the differing epistemologies of Continental and Analytic philosophy encourage writing with parataxis and hypotaxis in mind (respectively). For some, writing with parataxis or hypotaxis in mind is a conscious decision and a product of stylistic self-consciousness, and for others it is an unconscious discursive and epistemic requirement that must be met in order to be involved in a particular discourse. Before moving on to our second distinction, and then an examination of the question of the Book, it is important to point out that both totality and figurations like the One, the Whole, and the All, come out of very human desires to totalize or to actualize our being-towards-totality. The relationship between identity and totality then can be construed, with Heidegger in mind, as striving toward wholeness, completion, or fulfillment, each of which is a quality of compendia. 6 Compilation & Selection The first distinction between parataxis and hypotaxis pertains to both form and content, and to both the mechanics of writing and the ideas to which writing refers. The second distinction pertains to both as well. In the process of writing and in the process of perception as well, there is a tension between compilation and selection . To begin with, in the work of theory-writing there is compilation, and this is because writing theory requires a broad perspective and certain measure of totalization. On the other hand, writing theory requires that the writer select an idea or a combination of ideas to individuate out of a radical and infinite multiplicity of identities and combinations. The concern here is not primarily for the writing of a theory about a specific idea, like a secondary work or a reference text. But rather the concern is with the writing of grand theories: Marx and Marxism, Derrida and Deconstruction, Husserl and Phenomenology, Sartre and Existentialism, Saussure and Structuralism —each of which strives along a trajectory towards being all-encompassing, whether it intends to or not. Today, we could even say that Speculative Realism has embarked on this journey, and perhaps now we could say that the discourse of Speculative Realism has reached the inevitable point after which a grand theory leaves the hands of its writer or writers and becomes a possession of the collective consciousness of the academy, or (perhaps now) the mass consciousness of the blogosphere—and this is a true pharmakon , a poison and a cure, a blessing and a curse. 7 When we write theory, whether the scope is that of a grand theory or a particular theory, we write in the tension between compilation (making good on the desire to be all encompassing) and selection (being required to decide and discern and to judge what is included in the work and what is deleted or appended or abridged or given over to ellipses). Generally speaking, the work of theory-writing often comes out of a desire to totalize, that is, to develop a theory of everything that is able to apprehend new experiences and ideas while still remaining whole. I grant that this is not a universal desire, and that not everyone who sits down to write a work (or book) of theory does so because of their will-to-totality, but it remains that this drive to totalize does condition a great many writers of theory (especially those who seek to develop grand theories like those mentioned previously). At the beginning of his book of interviews, Between Existentialism and Marxism , Sartre is quoted as saying, after completing the first volume of his Critique of Dialectical Reason : “I no longer feel the need to make long digressions in my books, as if I were forever chasing after my own philosophy. It will now be deposited in little coffins, and I will feel completely emptied and at peace—as I felt after Being and Nothingness . A feeling of emptiness: a writer is fortunate if he can attain such a state. For when one has nothing to say, one can say everything .” 8 This is where our two initial distinctions come to bear on the being-towards-totality as it is expressed in the concrete practice of writing: the first being between parataxis and hypotaxis , and the second being between compilation and selection. Where this second distinction is concerned there is a certain paradox at play given that selection is inescapable, and compilation is unachievable. Selection is inescapable (with the figure of the Compendium in mind) because, even when the imperative to compile is followed to excruciating lengths, selection still has the last word. This is why the Compendium is a figure rather than some material thing that can actually be accomplished or actualized. No matter how far one goes along with the will-to-archive and the will-to-compile, it is only ever a question of minimizing selection and never eliminating it. This leads to the second point, which is that total compilation is unachievable. The closest thing to total compilation that we have before us is the ontological and textual fabric of the world. Even in the case of the world, compilation cannot be enacted in a total fashion because of the need to include both the sphere of the actual and the sphere of the possible or potential. This as another way in which compilation is always-already selection, and further evidence that total compilation is practically impossible. Discursive Figuration and Total Writing Rather than figuration referring to a figure of speech or an image, here the term points to a way in which to think about the work of writing, both the work put into writing, and the work that is the result of writing: the finished yet incomplete final piece. As figures or figurations, the Book and the Compendium are ways of thinking about the work of writing and the human desire for the wholeness, completion, and fulfillment that are made manifest in the completed form of the book (whether a published or printed or saved document put to rest by the author). These two figures bear more strongly upon works that seek to be all-encompassing, and works that strive towards expressions of totality such as the One, the Whole, or the All. Moving on to the topic of the subtitle, and on a more prescriptive note, I would say that there is more hope for theory-writing to be found in parataxis than hypotaxis . Part of the reason for this claim is the poststructuralist critique of hierarchies, and yet another part is the compelling line of thinking called “weak thought” (in theology by John D. Caputo, and in philosophy by Gianni Vattimo, among others). 9 The consequences of these two convictions are such that if one is to strongly assert the truth of a grand theory without leaving the realm of hierarchy-critique and weak thought, then one must write paradoxically with parataxis in mind, and in so doing write weakly and non-hierarchically. This does not mean avoiding a sort of topography or topology when writing theory, rather it means avoiding both subjugation and oppression in thought by pursuing a nonviolent sort of ontology. In order to do this, theory writing does not present itself as an exercise in logical analysis where one mechanically moves from a set of premises (via contingency) to the inevitable conclusion (via necessity). Instead, theory approaches the idea of a Compendium. Given that the figural Compendium places parataxis and compilation above hypotaxis and selection, then the question becomes: is placing one part of a binary term before another not just another way of selecting, or another expression of hypotaxis ? Counter to the urge to resign oneself to the reign of selection, with some qualification one can nonetheless write without deciding whether selection and hypotaxis should be subservient to compilation and parataxis (which is to say that writing-without-decision is somewhere between and beyond possibility and impossibility). This dilemma can be disarmed by stating that theory writing is not about primacy, and not about having-decided-beforehand, both stylistically and also where content is concerned. This is the paradox of writing: always striving along a trajectory ( telos ) towards totality via parataxis and compilation, but always being drawn back to finitude and making selections, and placing one idea before another with hypotaxis in mind. In light of this paradox, the question of the Compendium as a figure for discourse and a figural Book has resonance with Jacques Derrida’s essay on Edmund Jabès’ Book of Questions , found in his Writing and Difference . The Question of the Book “Little by little the book will finish me.” 10 Derrida quotes Jabès, and proceeds to outline the reflexive relationship between the author of the book and the book itself, each of which are subjected to the other through a sort of chiasmus, both ontological and textual (not that the two are entirely separable). The Book, for Derrida like Blanchot in the introductory quotation, “infinitely reflects itself” and “develops as a painful questioning of its own possibility”, and in light of this we can draw an association with the painful tension between the practical reality of selection and the ideal trajectory of compilation. 11 This tension in writing, between the will to total compilation and the necessity of abridgment, is an ontological tension between part and whole just as it is a textual tension between signifier and signified. The ontological tension in writing that Derrida expresses in his essay on Jabès is between everything and nothing – a contradiction which Derrida finds in Jabès’ Book of Questions and also in the divine, in God. When one writes between compilation and selection one writes towards totality, and here we can follow Derrida who states that the lapse in signification, presumably in the signifier-signified discrepancy, is a “ rupture with totality itself” and furthermore that this lapse cannot be rectified through deductive reason or even philosophical discourse. 12 This rupture with totality, found in the troubled relation between signifier and signified, can also tell us a lot about the Book and about writing. Given an understanding of writing as an ontological act that strives towards (but never accomplishes) totality, we can see the written book as the manifested and given body of that striving. Perhaps in other disciplines or even other schools of philosophy there is a cultural climate within which the article is prized above the book, but I am fairly confident, especially when referring to the grand theories of Continental thought, that there is a respect for the book as a uniquely meaningful object capable of apprehending totality. Derrida writes, Between the too warm flesh of the literal event and the cold skin of the concept runs meaning. This is how it enters into the book. Everything enters into, transpires in the book. This is why the book is never finite. It always remains suffering and vigilant. 13 Here the vitality of the literal event is compromised by the deadening weight of the concept, and the figure of the Book assists in this lapse of meaning. The Book is a totalizing object, much like the figure of the Compendium, and yet this totalization lacks its final object of completed totality both because the figural Book is necessarily incomplete, and because the physical book is always-already a product of selection. Instead of achieving its end of being a place where everything takes place, it suffers from the lapse of writing, the discrepancy between event and concept. Derrida continues his exposition on Jabès by bringing to light yet another reflexive relation, a reversal of the relationship between the Book and the world. Derrida writes that, for Jabès, “the book is not in the world, but the world is in the book.” 14 In addition to what was stated before, I take figuration to mean that the concepts employed, such as the Book or the Compendium, are not subject to the supposed rigor of analysis that is so prized by Enlightenment or Capitalist realisms. The figure of the Book and the figure of the Compendium cannot be held accountable to standards imported from scientific method, given an understanding that these standards require a concept to be replicable, consistent, falsifiable, measurable, and so on… This is an important point to make, especially in the present atmosphere within which theory must justify itself under conditions that are not its own. Instead of being held to these standards, figuration serves as a way in which to think about writing that leaves thought open to idealistic speculation, imperfect analogies, and most importantly the ever-present gain and loss that occur in the relationship between thought and being. By extension the figural way of addressing writing indulges in enough generalization to accommodate the excess/lack relationship between the ideal form of the Book or the Compendium, and the manifested and given body of a text (as it is practically completed and closed). Here we speak against the hostile atmosphere which would have theory submit itself to hierarchical rigor, rather than Blanchot’s “enigmatic rigor”, by being explicit about the discursive conditions and epistemic conditions under which theory operates. To write with parataxis in mind is, to a certain degree, to write with weakness as one’s methodology (with weak thought being in opposition to hypotaxis and hierarchy as much as weak thought can be in opposition to anything). Rather than asserting the strength of hierarchical theory, and rather than employing antagonistic argumentation with the goal of refutation different discursive and epistemic conditions for theory writing must be cultivated (and these are by no means new). First the critical and theoretical spirit reveals itself as being concerned with the task of complication—especially the complication and critique of binaries, dichotomies, dualities, polarities, paradoxes, parallaxes, hybridities, and especially antinomies. Second, theory positions itself as a sort of showing or revealing, rather than being ultimately focused on coming to full agreement or disagreement. This is where figuration can help theory-writing, both by placing emphasis on teleologies and trajectories (like parataxis and compilation), and by shifting focus away from pure primacy, power, or absolute origin. Figuration then, assists theory writing by placing the concern of theory outside of the concerns of the hard or soft sciences, and into the realm of thought or the idea. To speak of ‘the’ Compendium or ‘the’ Book, here, is to generalize not regarding the perfect form of the Compendium or Book, but to engage speculatively with an abstract idea which remains singular and yet complicated by multiplicity. The question of the Book that Derrida asks through Jabès is a question of everything and nothing, totality and nonbeing, and this question is a concern for writing and a concern for the figure of the Compendium so defined by the tension between compilation and selection, and parataxis and hypotaxis . On the note of nonbeing, we can look to the final page of Derrida’s first essay on Jabès in Writing and Difference and notice the introduction of his neologism, différance (with an ‘a’). Derrida writes: Life negates itself in literature only so that it may survive better. So that it may be better. It does not negate itself any more than it affirms itself: it differs from itself, defers itself, and writes itself as différance . Books are always books of life (the archetype would be the Book of Life kept by the God of the Jews) or of afterlife (the archetype would be the Books of the Dead kept by the Egyptians). 15 This introduction of différance into the equation of the Book, alongside ontological affirmation and negation, hearkens back to the discussion of the symbolic lapse earlier in his essay. Differing and deferring, the Book is always a Book of Life and a figure for the intersection of the vital (life) and the total in writing. In a way, the writer of the Book may be someone who lives life, and in another way the writer of the book-as-object may be someone who engages in the act of writing, both practically (by inscribing words on paper, or typing script on a computer) and ontologically or symbolically (by investing their existence and inexistence into a work worthy of the figural Book). In addition to the writer as writer, the writer also serves as an editor, and the editorial role alongside the idea of the Compendium shows the editor to be one who collects and compiles, while being restrained by eventual selection and decision. Beyond this the editor of works and texts, in both the Book and the world, is engaged in a process of inscribing notation—of annotating (on) the Compendium. Eternal commentary is a feature of the textual Compendium, just as open-ended totality describes the ontological Compendium. The writer as writer does not simply write texts, but rather engages in a profoundly ontological act of inscribing their existence into the world, and the writer as editor does not merely annotate or alter texts as they are, but rather comments upon the text of the world. In/Conclusion So as we create texts, and as we write and create theory, let us be and remain attentive to the figure of the Compendium and the figure of the Book. These two concurrent metonymies are essential for total writing (grand theories, etc.), and may be forgettable for those concerned with fragmentary or hierarchical writing (which are valid in their own right). From the ontological and symbolic text of the world and phenomenological experience, to concrete texts such as books or mixed media, the figure of the Compendium and the figure of the Book are important for the actualization of the human will to be all-encompassing. The figure of the Compendium teaches writers of theory that the repetition, density, and fragility of parataxis offers a strong sort of weakness which does not become yet another variety of oppressive and hegemonic thought. Rather than write with hypotaxis in mind, subjugating one thought to another via cause and effect or antecedent and consequent, I would hope that theory-writing could guiltlessly indulge in the dialectical and contradictory conjugation of ideas, and take this as a legitimate methodology. Rather than being ashamed of showing resonances or giving way to abridgment or ellipses, it is my own authorial (but not authoritative) conviction that one need not give up on totalizing and constructing grand theories because of the fact that complete totalization is impossible, and one need not give up on totalizing and constructing grand theories because of the worry of violence, for the Book and the Compendium lack their completed object and are ever incomplete trajectories. NOTES * UPDATED 7/19/13: we've updated the HTML version to reflect the (correct) PDF version. Our apologies to the author—eds. 1. I would like extend thanks to Dr. Peter Schwenger of the University of Western Ontario for his comments on this paper and his hospitality as it was presented as a Theory Session at the Centre for Theory and Criticism on October 26th 2012. I would also like to thank Andrew Weiss for conversation and critique. 2. I should clarify my use of the term ‘figure’ at the outset. Given the use of the term by Jean-Francois Lyotard in Discourse, Figure (and also Gilles Deleuze in Francis Bacon ), I should state clearly that my use of the term will not correspond to the term ‘figure’ understood as the representation of an object. Instead, my use of the term ‘figure’ and its variations (‘figural’, ‘figurative’, ‘figuration’) will refer to the illustrative or metaphorical use of the Compendium or the Book as models or ways of thinking about writing and discourse. 3. Cf. Revelations 20:12-15. 4. Theodor Adorno, Aesthetic Theory , Trans. Robert Hullot-Kentor (London & New York: Continuum Press, 1997). 5. Fredric Jameson, Late Marxism: Adorno, or the Persistence of the Dialectic (London & New York: Verso, 1990), ix-x. 6. I have written about this concept of being-towards-totality elsewhere in two pieces of writing: the first is called Notes on the Compendium (an unfinished draft) which addresses some very wide theoretical concerns, being structured as a sort of itinerary or archive, and the second is Dialectics Unbound (Punctum Books, 2013) which outlines a concept of totality without the violence of totalization. While these works are more concerned with ontological totality, here I would like to focus on the idea of the Compendium as a textual totality. 7. Cf. Louis Morelle, “Speculative Realism: After Finitude and Beyond, A vade mecum” in Speculations: Journal of Speculative Realism . Issue 3 (Brooklyn, New York: Punctum Books, 2012), 241-272. 8. Jean-Paul Sartre, Between Existentialism and Marxism . Trans. John Matthews (London & New York: Verso, 1974), 9. 9. Cf. John D. Caputo, The Weakness of God (Indiana: Indiana University Press, 2006). 10. Jacques Derrida, “Edmond Jabès and the Question of the Book” in Writing and Difference . Trans. Alan Bass (Chicago: University of Chicago Press, 1978), 65. 11. Ibid, 65. 12. Ibid, 71. 13. Ibid, 75. 14. Ibid, 76. 15. Ibid, 78. (shrink)

Selective attention depends on goal-directed and stimulus-driven modulatory factors, each relayed by different brain rhythms. Under certain circumstances, stress-related states can change the balance between goal-directed and stimulus-driven factors. However, the neuronal mechanisms underlying these changes remain unclear. In this study, we explored how psychosocial stress can modulate brain rhythms during an attentional task and a task-free period. We recorded the EEG and ECG activity of 42 healthy participants subjected to either the Trier Social Stress Test, a controlled procedure to (...) induce stress, or a comparable control protocol, flanked by an attentional task, a 90 s of task-free period and a state of anxiety questionnaire. We observed that psychosocial stress induced an increase in heart rate, self-reported anxiety, and alpha power synchronization. Also, psychosocial stress evoked a relative beta power increase during correct trials of the attentional task, which correlates positively with anxiety and heart rate increase, and inversely with attentional accuracy. These results suggest that psychosocial stress affects performance by redirecting attentional resources toward internal threat-related thoughts. An increment of endogenous top-down modulation reflected an increased beta-band activity that may serve as a compensatory mechanism to redirect attentional resources toward the ongoing task. The data obtained here may contribute to designing new ways of clinical management of the human stress response in the future and could help to minimize the damaging effects of persistent stressful experiences. (shrink)

This paper considers Habermas’ model of a post‐secular political order in the light of the debate on male circumcision that arose in Germany after a court ruled that male circumcision was an unjustifiable act of bodily harm. Central to this model is the idea that religious reasons can only become effective in central legal institutions when they are translated into secular reasons. My paper demonstrates that there are two distinguishable readings of this proviso. On the one hand, there is (...) a broad reading according to which it is only necessary to reach a conclusion that is in line with the democratic principle stating that all citizens can be regarded as co‐legislators even if non‐generalizable value orientations might then shape the interpretation of fundamental rights (in the case of circumcision, the right to bodily integrity). On the other hand, a truly secular (narrow) reading would avoid the inclusion of non‐generalizable value orientations. The debate on circumcision demonstrates that these two interpretations lead to different and conflicting modes of justification. The broad reading allows for a justification of male circumcision, whereas the narrow reading makes such a justification unlikely. In addition, the filtering function of the proviso is weakened in a broad reading. (shrink)

The current study aims to examine the hope levels of theology students in the context of their education level. The correlational (relational) screening method was used in this study. The sample of the study consists of a total of 429 students (328 girls, 101 boys) studying at the Faculty of Theology at Erzincan Binali Yildirim University. Hope levels of the students were determined by Karaca-Kandemir Hope Scale developed by Karaca and Kandemir. The scale consists of three sub-dimensions: goal-oriented, hope and (...) significance, and stability. One-way analysis of variance (ANO-VA) was used for data analysis. According to the findings obtained as a result of the analysis, it is seen that the education levels of the Theology Faculty students cause differentiation in terms of goal-oriented and stability which are sub-dimensions of hope; however, it was found that the scale did not cause any difference in terms of hope and meaningfulness subscale and total hope levels. This finding did not corroborate the research hypothesis that the higher the education level of theology faculty students, the higher their hope level. The results, however, give an idea that theology education can have a positive effect on students' hope levels.Summary: Hope, which is a fundamental feature of human existence, has many functions, both individually and socially. Hope, which is one of the main characteristics that distinguish human beings from other beings, is one of the most powerful tools that help create and implement future designs of individuals and societies. It is possible to see this powerful effect of hope in the object of all human works and actions such as art, literature, and architecture. However, despite the expressed impact of hope, religion, which accompanies it in the existential journey of humanity and is one of its most influential sources of motivation, has the potential to produce a highly useful function on hope. Because religion demands the individual to be future-oriented rather than the past. This demand of religion does not mean that the past actions of the individual and society have no importance. While building the future of the individual and society on lessons learned from the past, religion orders that he should not be a prisoner of his past and that he hopes for the energy he has produced by taking shelter in the attributes of Allah, Most Gracious and Merciful. For this reason, the Qur'an equates despair of Allah's mercy with coming out of religion (Yusuf 12 / / 87).Despite the strong relations between religion and hope, empirical studies on the issue are not yet adequate. However, in recent times, especially with the effect of Positive Psychology, it is a fact that empirical studies have been carried out to determine the relationship of these emotions with religiosity about positive emotions such as patience, optimism, empathy, and self-regulation. One of the positive emotions expressed is hope. However, it is seen that some empirical studies have been conducted on the relationship between hope and religiosity. However, apart from these studies, empirical studies on higher education levels are needed in order to reveal the relationship between hope and religiosity in a healthier way. Because of the strong relationship between religion and hope, it is expected that there will be an increase in parallel with the religious education taken in higher education. From this point of view, this study primarily aims to reveal the strong connection between religion and hope. The main problem of this study, which is based on the primary hypothesis that learning religion at a higher education level, will increase the level of hope of students, is the relationship between theology education and hope. In this study, which was conducted to determine the hope levels of the students of the Faculty of Theology, the method of collecting information related to the questionnaire technique used in the screening model was used.The population of the study consists of 744 students enrolled in Erzincan Binali Yıldırım University Theology Faculty in the fall semester of 2018-2019 academic year. The sample group of the research is 429 students in the faculty during the application period. Accordingly, 144 (33.6%) of the total students in the sample group were in the “preparatory class,” 79 (18.4%) were in the “first grade”, and 78 (18.2%) were in the “second grade,” while 60 (14.0%) were in the “third grade,” 68 (15.9%) were in the “fourth grade.”“Personal Data Questionnaire” and “Karaca-Kandemir’s Hope Scale” were used as data collection instruments. In the “Personal Data Questionnaire,” there are questions about the learning levels of the working group.Karaca-Kandemir’s Hope Scale, which is used in the study, is a scale developed by Karaca and Kandemir based on their cultural codes to determine the hope levels of individuals.The scale is a 5-point Likert type and consists of three sub-dimensions: “goal-oriented,” “hope and meaningfulness,” and “stability.” Of the 13 items in the scale, 8 (1, 2, 4, 5, 7, 9, 10 and 12) had a positive sentence structure such as “Dreaming about the future excites me,” 5 of them (3, 6, 8, 11 and 13) it has a negative sentence structure such as “I cannot bring the end of a job easily after starting a job.” In the scoring phase of the hope scale, negative sentences were reversed. While the lowest score that can be obtained from the “goal-oriented” dimension of the scale is 5, the highest score is 25; the lowest score that can be obtained from the dimension of “hope and meaningfulness” is 4, the highest score is 20; the lowest score that can be obtained from the “stability” sub-dimension is 4, while the highest score is 20. As a result, the lowest score that can be obtained from the total of the scale is 13, and the highest score is 65. Low scores from the scale indicate that the individual's level of hope is low, and high scores indicate high levels of hope.In order to determine the differentiation between class levels, Single Factor Analysis of Variance-ANOVA was applied to the data set. As a result of the analysis, multiple comparisons were made between the means with statistically significant differences. For this purpose, Post Hoc LSD and Tukey HSD tests were used to determine the source of the difference. The significance level of “.05 “ was taken as a criterion for all these operations. In the research, it was seen that the education they received from the Faculty of Theology students caused a differentiation in the “goal-oriented and stability” sub-dimension of hope; however, “hope and meaningfulness” subscale and “total hope” did not cause any differentiation. This result did not confirm the research hypothesis that “the level of hope differs according to class (education) level and the level of hope increases as the level of education (education) increases hope. However, in the “goal-oriented” dimension of hope, the second and third-grade students of fourth-grade students; In terms of “stability” dimension, the fact that the first-grade students scored significantly higher than the preparatory class students gives an important idea that the education received in the Faculty of Theology can have an effect on hope. However, it is thought that similar studies that will be conducted with a large sample group and centering on all dimensions and hopes of religiosity will produce remarkable results. (shrink)

Why are disembodied extraordinary beings like gods and spirits prevalent in past and present theologies? Under the intuitive Cartesian dualism hypothesis, this is because it is natural to conceptualize of minds as separate from bodies; under the counterintuitiveness hypothesis, this is because beliefs in minds without bodies are unnatural—such beliefs violate core knowledge intuitions about person physicality and consequently have a social transmission advantage. We report on a critical test of these contrasting hypotheses. Prior research found that among adult (...) Christian religious adherents, intuitions about person psychology coexist and interfere with theological conceptualizations of God (e.g., infallibility). Here, we use a sentence verification paradigm where participants are asked to evaluate as true or false statements on which core knowledge intuitions about person physicality and psychology and Christian theology about God are inconsistent (true on one and false on the other) versus consistent (both true or both false). We find, as predicted by the counterintuitiveness hypothesis but not the Cartesian dualism hypothesis, that Christian religious adherents show worse performance (lower accuracy and slower response time) on statements where Christian theological doctrines about God's physicality (e.g., incorporeality, omnipresence) conflict with intuitions about person physicality. We find these effects for other extraordinary beings in Christianity—the Holy Spirit and Jesus—but not for an ordinary being (priest). We conclude that it is unintuitive to conceptualize extraordinary beings as disembodied, and that this, rather than inherent Cartesian dualism, may explain the prevalence of beliefs in such beings. (shrink)

The temporal‐focus hypothesis claims that whether people conceptualize the past or the future as in front of them depends on their cultural attitudes toward time; such conceptualizations can be independent from the space–time metaphors expressed through language. In this paper, we study how Chinese people conceptualize time on the sagittal axis to find out the respective influences of language and culture on mental space–time mappings. An examination of Mandarin speakers' co‐speech gestures shows that some Chinese spontaneously perform past‐in‐front/future‐at‐back (...) (besides future‐in‐front/past‐at‐back) gestures, especially when gestures are accompanying past‐in‐front/future‐at‐back space–time metaphors (Exp. 1). Using a temporal performance task, the study confirms that Chinese can conceptualize the future as behind and the past as in front of them, and that such space–time mappings are affected by the different expressions of Mandarin space–time metaphors (Exp. 2). Additionally, a survey on cultural attitudes toward time shows that Chinese tend to focus slightly more on the future than on the past (Exp. 3). Within the Chinese sample, we did not find evidence for the effect of participants' cultural temporal attitudes on space–time mappings, but a cross‐cultural comparison of space–time mappings between Chinese, Moroccans, and Spaniards provides strong support for the temporal‐focus hypothesis. Furthermore, the results of Exp. 2 are replicated even after controlling for factors such as cultural temporal attitudes and age (Exp. 3), which implies that linguistic sagittal temporal metaphors can indeed influence Mandarin speakers' space–time mappings. The findings not only contribute to a better understanding of Chinese people's sagittal temporal orientation, but also have additional implications for theories on the mental space–time mappings and the relationship between language and thought. (shrink)

Background: Due to recent legislations on euthanasia and its current practice in the Netherlands and Belgium, issues of end-of-life medicine have become very vital in many European countries. In 2002, the Ethics Working Group of the German Association for Palliative Medicine (DGP) has conducted a survey among its physician members in order to evaluate their attitudes towards different end-of-life medical practices, such as euthanasia (EUT), physician-assisted suicide (PAS), and terminal sedation (TS). Methods: An anonymous questionnaire was sent to the (...) 411 DGP physicians, consisting of 14 multiple choice questions on positions that might be adopted in different hypothetical scenarios on situations of “intolerable suffering” in end-of-life care. For the sake of clarification, several definitions and legal judgements of different terms used in the German debate on premature termination of life were included. For statistical analysis t-tests and Pearson-correlations were used. Results: The response rate was 61% (n=251). The proportions of the respondents who were opposed to legalizing different forms of premature termination of life were: 90% opposed to EUT, 75% to PAS, 94% to PAS for psychiatric patients. Terminal sedation was accepted by 94% of the members. The main decisional bases drawn on for the answers were personal ethical values, professional experience with palliative care, knowledge of alternative approaches, knowledge of ethical guidelines and of the national legal frame. Conclusions: In sharp contrast to similar surveys conducted in other countries, only a minority of 9.6% of the DGP physicians supported the legalization of EUT. The misuse of medical knowledge for inhumane killing in the Nazi period did not play a relevant role for the respondents’ negative attitude towards EUT. Palliative care needs to be stronger established and promoted within the German health care system in order to improve the quality of end-of-life situations which subsequently is expected to lead to decreasing requests for EUT by terminally ill patients. (shrink)

This paper discusses a dialectic whereby the law not only influenced medical thinking in late nineteenth-century Germany, but also underwent medicalization of its own initiative. At the end of the 1880s, social legislation was crucial in initiating the German discourse on traumatic nervous disorders. By employing doctors as medical experts in court, the law also created a new experiential realm for doctors, altering their behavior toward patients and shifting their focus from therapy to investigation. However, in the wake of (...) their experiences in court, doctors developed a dual etiology of traumatic symptoms, which included the law itself as a pathogenic element with the power to aggravate symptoms. Two medical views of law can be distinguished: some doctors claimed that it was the desire to receive the pensions offered under social legislation that induced workers to perpetuate and exaggerate their symptoms; others argued that since pension claims embroiled claimants in intimidating legal proceedings, the pathogenic effect of social legislation stemmed from fear rather than greed. (shrink)

German Idealism is arguably the most influential force in philosophy over the past two hundred years. This major four-volume work is the first comprehensive survey of its impact on science, religion, sociology and the humanities, and brings together fifty-two leading scholars from across Europe and North America. Each essay discusses an idea or theme from Kant, Hegel, Schelling, Fichte, or another key figure, shows how this influenced a thinker or field of study in the subsequent two centuries, and (...) how that influence is felt in contemporary thought. Crossing established scholarly divides, the volumes deal with fields as varied as feminism, architectural history, psychoanalysis, Christology and museum curation, and subjects as diverse as love, evolution, the public sphere, the art of Andy Warhol, the music of Palestrina, the philosophy of Husserl, the literature of Jane Austen, the political thought of fascism and the foundations of international law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.1 (2002) 151-171 [Access article in PDF] Eric Voegelin on Nazi Political Extremism Clifford F. Porter Eric Voegelin (1901-1985) is not as well known among historians as he is among political theorists, yet he has had a continuing influence on both German Social Democrat and Christian Democrat political leaders. His early life is very much a reflection of both the intellectual (...) developments and the chaos of Germany and Austria between the wars. Voegelin's analysis of Nazism is worth revisiting by historians because it delineated the Nazi rationale for the Holocaust in the early 1930s, even if the Nazis themselves had yet to move towards mass murder early in the regime. Voegelin was not prescient enough to predict the extent of the Holocaust, but he understood that the ideological rationale of Nazi violence was unlimited. Furthermore, his description of political extremism as Gnosticism in 1952 is valid for explaining why an individual might support the Nazis and then voluntarily commit extraordinarily vicious acts to try to realize the dream-world of the Third Reich.The political, economic, and social chaos in Austria after World War I was the catalyst for the young Eric Voegelin's studies of the essence of ideologies and the ideologists who promoted them from both the left and right wing. As National Socialism grew, so did his experiences with and understanding of extremist political ideologies. Contemporary intellectual debates between neo-Kantian and existentialist methodology, however, did not help penetrate to the essential causes of political extremism. His experiences in America in the mid-1920s were essential for his development away from what he characterized as narrow methodological provincialism to an empiricism open to philosophic questions, including spiritual questions. By 1938 he had theorized that ideologies were political secular religions that substituted the state for divine reality.Because of this interpretation, Voegelin's approach to totalitarianism has been characterized as an outdated ersatz religion model, better suited for the Cold War. 1 The ersatz religion model worked reasonably well to describe similarities [End Page 151] the National Socialist movement had with religions, but Voegelin recognized that it did not penetrate to the essence of ideologies. His understanding of ideologies matured after World War II into his theory that ideologies were Gnostic quests for absolute certainty that caused alienation from reality.Voegelin thought that the search for certainty ultimately required excluding any evidence to the contrary of the ideology; therefore, ideologies limited the individual's view of human reality to the immediate world. Furthermore, although ideologies are founded on a kernel of truth—e.g., proletarians are sometimes oppressed—ideologists become quickly alienated from reality as a consequence of their own quest for certainty about meaning in existence. The consequences of alienation are that ideologists pursue the perceived immanent good and try to eliminate the perceived immanent evil, thereby rationalizing criminality and even murder. Violence is inherent to extremist political ideologies. Background and Influences: Weber, Kraus, University, and America Eric Voegelin was born in 1901 and grew up in Vienna. After the war Austria was convulsed by political and social crises ranging from attempted reactionary and Communist coups to constant food shortages. In the first post-war election Voegelin's political and social inclinations led him to vote for the Social Democratic Party (SDP), but he was aggravated by the uncompromising Marxist rhetoric of the SDP leadership. In this atmosphere Voegelin began his long journey toward understanding ideologies, but first he had to work through many different political and philosophic problems before he arrived at an adequate understanding. The intellectuals that influenced him during this long process were diverse, but they shared a hostility to ideologies.The first important academic influence on Voegelin was Max Weber. 2 Weber encouraged intellektuelle Rechtschaffenheit (intellectual honesty) with others and especially with oneself. Weber insisted on following an ethic of responsibility for one's actions (Verantwortungsethik), rather than making apologies for following an ethic of good intentions (Gesinnungsethik). The latter, Weber feared, was often used to justify bad consequences of well-intended actions. 3 These simple... (shrink)

This provocative book addresses one of the central and most controversial branches of Western thought: the philosophy of origin. In light of recent poststructuralist principles such as alterity, diffe;rance , and dissemination, the philosophy of origin seems to exemplify the repressive, reactionary tendencies of much of the Western philosophical tradition. John Pizer aims to overturn this recent antipathy to the philosophy of origin. He ably summarizes poststructuralist critiques of that earlier philosophical tradition, then turns to five German thinkers (...) (Nietzsche, Benjamin, Rosenzweig, Heidegger, and Adorno) who developed philosophies of origin that effectively anticipate and counter poststructuralist attacks. These are thinkers who, in one way or another, influenced recent generations of poststructuralist thinkers. Pizer argues, however, that rather than do away with the notion of origin altogether (as in the works of the most thoroughgoing poststructuralists), these philosophers developed theories in which origin is always “multiple and plurivalent.” In the writings of these seminal German thinkers, “origin” becomes “origins,” and “authentic origins” are “inherently plural and divergent.” A valuable, engrossing account of a wide range of thinkers and their complex relations, Pizer’s book recovers the notion of origin for an intellectual world that has come to value multiplicity, openness, and diversity. (shrink)

Whether intentional suppression of an unpleasant or unwanted memory reduces the ability to recall that memory subsequently is a contested issue in contemporary memory research. Building on findings that similar processes are recruited when individuals remember the past and imagine the future, we measured the effects of thought suppression on memory for imagined future scenarios. Thought suppression reduced the ability to recall emotionally negative scenarios, but not those that were emotionally positive. This finding suggests that intentionally (...) avoiding thoughts about emotionally negative episodes may inhibit representations of those memories, progressively reducing their availability to recall. (shrink)

The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his (...) theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context. (shrink)

Seitzer seeks to provide a more effective criticism of Schmitt than commentaries that focus on Schmitt's treatment of key works and concepts in legal and ...

Genetic testing has familial implications. Counsellors find themselves in (moral) conflict between medical confidentiality (towards the patient) and a potential right or even duty to warn at-risk relatives. Legal regulations vary between countries. English literature about German law is scarce. We reviewed the literature of relevant legal cases, focussing on German law, according to the Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines. This article aims to familiarise counsellors with their responsibilities, compare the situation between (...) countries and point out legally unresolved areas.According to the German Genetic Diagnostics Act (Gendiagnostikgesetz) in case of an ‘avoidable or treatable’ genetic disorder, geneticists ought to confine themselves to the obligated advice to the patient. Whether a breach of the duty of confidentiality can be justified in exceptional cases by ‘necessity as justification’ for actively informing relatives at risk remains legally unclear. In case of a ‘neither avoidable nor treatable’ genetic disease, geneticists should also refrain from actively informing relatives as the justifiable state of emergency does not permit to break the duty of confidentiality. (shrink)

This work synthesizes work previously published in leading journals in the field into a coherent narrative that has a distinctive focus on Germany while also being aware of a broader European dimension. It argues that the German Lutheran Christoph August Heumann marginalized the biographical approach to past philosophy and paved the way for the German Lutheran Johann Jacob Brucker’s influential method for the writing of past philosophy, centred on depersonalised and abstract systems of philosophy. The work (...) offers an authoritative and engaging account of how late ancient Platonism, Plotinus in particular, was interpreted in eighteenth-century Germany according to these new precepts. Moreover, it reveals the Lutheran religious assumptions of this new approach to past philosophy, which underpinned the works of Heumann and Brucker, but also influential reviews that rejected the English Plato translator Thomas Taylor and his understanding and evaluation of late ancient Platonism. (shrink)

This essay deals with conditions, challenges and perspectives concerning the legal system of the European Union after the Lisbon treaty has entered into force. It starts out by recalling constitutional principles such as primacy, direct effect and consistent interpretation of the European legal order on the one hand and the relationship of cooperation between the Court of Justice and national courts – notably pointing out the importance of the preliminary procedure (Article 267 TFEU) – on the other hand. (...) In addition, characteristics of the legal system of the European Union such as the integration of national legal systems are highlighted. It is accentuated that the legal community of the European Union depends on the acceptance by all 27 Member States. Furthermore, the normative quality of European law-making is discussed as well as the necessity for a sufficient democratic legitimation of European Law. As impressively illustrated by the financial crisis, the European Union is much better equipped with possibilities to effectively fulfil regulatory tasks than any Member State. The author shows developments with regard to European Union citizenship, non-discrimination, the Charter of Fundamental Rights - that is now equipped with binding character – and the vertical distribution of competences between the European Union and the Member States, including explanations relating to subsidiarity requirements and their judicial review. Moreover, challenges to the institutions of the European Union are discussed. (shrink)

ArgumentData collections are a hallmark of nineteenth-century administrative knowledge making, and they were by no means confined to Europe. All colonial empires transferred and translated these techniques of serialised and quantified information gathering to their dominions overseas. The colonial situation affected the encounters underlying vital statistics, enquête methods and land surveying. In this paper, two of those data collections will be investigated—a survey on land and a survey on indigenous law, both conducted around 1910 on the Micronesian island of Pohnpei, (...) which had fallen under German colonial influence a decade earlier. Strikingly, there are no enumerators or envoys of the state visiting the doorsteps of Pohnpei. To facilitate the data collection on homesteads, the whole population of the island was called upon to measure their respective plots of land themselves, without resorting to certified land surveyors. The preserved cadastral lists and spreadsheets testify to a rather peculiar contact between the colonizing administration and the colonized peoples. I argue that the production of data made encounters necessary, which are best observed though a methodological focus on data practices. I argue, furthermore, that the Pohnpeians were prompted during the surveys to define their homestead in new terms. This did not only entail new two-dimensional plots but also a new regime of private property. The change in the legal concept can be seen as a continuation of colonial violence by other means, given that it happened in the aftermath of the defeated Pohnpei Rebellion. The argument of the paper is, therefore, that data collection can have formative effects on society, and that measurement and quantified information are often, as Witold Kula argued, a scene of conflict. At its core, the installation of these metric regimes signified a change in patterns of justification, resource management and the unwritten constitution of the Pacific island. (shrink)