**" CHAPTER * HUMAN NATURE In May, at the time when the French Civil Code was being drafted, one of the orators of the Tribunat, in seeking to justify the ...

The French Code civil , including the tradition of legal practice and scholarship it stands for, is the child of two parents: Enlightenment and Restoration. They came together in the person of Jean Etienne Marie Portalis (1746-1807), who was the main drafter of the code under Napoleon. I want to investigate which line of philosophical argument he followed in uniting the two and critically assess the value of this argumentation. In section 1 I briefly sketch the codification of (...) civil law in the (post-)revolutionary setting of the time, as well as Portalis’ philosophical background. Section 2 turns to the principled and wide-ranging discourse he delivered at the occasion of the formal presentation of the draft civil code to the legislature. This discourse, in turn, found its deeper roots in an extensive treatise that he wrote prior to the former, on the use and abuse of reason in times of Enlightenment (Section 3). I will focus, in particular, on the twin concepts of knowledge (section 4) and nature (section 5) in this treatise. From this vantage point, section 6 analyzes the eclectic way in which Portalis uses his philosophical godfathers Montesquieu and Rousseau, while section 7 shows why his preoccupation with the protection of established property rights can explain such eclecticism. Section 8 takes stock and submits that at least one of Portalis’ arguments presents a real challenge to Enlightenment philosophy up until the present day. (shrink)

Throughout the nineteenth century, significant transformations took place in the understanding of Western homosexuality, shifting from the domain of criminal law to that of medical science. This article explores the role of European legal thought in laying the groundwork for such changes, particularly starting from the mid-eighteenth century. Examining the contributions of the Roman jurist Filippo Maria Renazzi (1745–1808), this research emphasizes his role among the thinkers who lived through the transition from the European ius commune tradition to the era (...) of criminal codes. Renazzi, a conservative university professor in papal Rome, not unfamiliar with Enlightenment discussions, penned a successful criminal treatise in Latin between 1773 and 1786. His expertise was also in demand during the subsequent development of the criminal code for the Napoleonic Kingdom of Italy. By focusing on the figure of Renazzi, still not extensively studied, this article attempts to shed light on the transition towards the general decriminalization of non-reproductive carnal offenses, including sodomy. In the new penal code project, only acts committed against the will of others and public order remained generically condemned. This underscored the indifference of criminal law towards penalizing behavior that medicine would subsequently come to recognize as an inherent identity. (shrink)

Following the precedent of Justinian, First Consul and then Emperor Napoleon proposed to enhance his military achievements with a legal Code based on the riches of Roman law and a system of legal education designed to perpetuate it. Like Justinian, Napoleon prohibited 'interpretation' of his creation on the grounds that this would contravene imperial will -- as opposed to the countervailing principle of popular sovereignty. Yet in neither case could the prince stop history, for in the effort to adapt (...) the code to changing conditions of society later jurists promoted just such subversive violations. (shrink)

Pendant près de deux siècles, la " question sociale"s'est confondue avec la question de la propriété, ou plus exactement avec celle de sa légitimité. Tel auteur affirme que c'est l'âme de la législation. Tel autre que c'est le vol. On dispute de ses origines et de ses limites, parfois de son abolition. Mais à travers la violence de la querelle, partisans et détracteurs de l'institution s'en font la même idée : un droit absolu d'une personne sur une chose. Or il (...) se trouve que cette définition, empruntée à la dogmatique juridique, est devenue largement inopérante. Les spécialistes préfèrent désormais parler de secret, d'exclusivité ou de faisceau de droits, et certains suggèrent même la " désintégration " de la propriété. Il reste que si un dogme propriétaire s'est désintégré, la chose elle-même, sous quelque forme que ce soit, se porte fort bien, et continue de poser d'épineuses questions de justice - sociale notamment. C'est dire que s'offre enfin la chance que soit posée, dans toute sa radicalité conceptuelle, la question de savoir ce qu'est la propriété. Pour y répondre, une enquête est menée dans ce livre aux sources du droit de propriété moderne, du côté des premiers commentateurs du Code Napoléon. Au-delà des déclamations idéologiques des préfaces, elle s'aventure là où opère vraiment la créativité conceptuelle des juristes, dans l'élément technique du droit. Il apparaît alors que la propriété désigne soit une maîtrise souveraine, droit réel et absolu de l'esprit sur la matière, soit l'appartenance patrimoniale, rapport d'identité pensé dans les termes de l'avoir, soit enfin une réservation de jouissance, monopole d'exploitation octroyé en rémunération d'une activité productrice de valeur. (shrink)

While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background. The (...) civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation. (shrink)

Henryk Chmielewski is the author of a historical comic book devoted to the 100th anniversary of Poland regaining its independence. The comic book of Chmielewski is a subjective vision of Polish history, because every act of creation is first of all an act of destruction. Artist says about very difficoult moment of Polish history (the 19th century, the early 20th century). He creates original story, argues, that the idea of Poland as an independent state was never not lost. Polish people (...) were formed armyduring the Napoleonic Wars, and Polish organisations started major uprisings (the Polish–Russian War of 1830–1831 and the January Uprising of 1863-64). Chmielewski creates an interesting picture of the world with the use of many varying forms, different codes (e.g. picture, word, photography). He use various means of expression: semantic, linguistic, compositional (see values, compotents: metannaration, digression, opposition "we" - "they", stereotype, appropriate words - freedom, Poland, Poles, relationship: fiction - real world, illusion, colloquial language). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:How to Inherit a Kingdom:Reflections on the Situation of Catholic Political Thought*Russell Hittinger and Scott RonigerPrudenceIn 1890, in his Sapientiae Christianae, Pope Leo XIII wrote: "The political prudence of the Pontiff embraces diverse and multiform things, for it is his charge not only to rule the Church, but generally so to regulate the actions of Christian citizens that these may be in apt conformity to their hope of gaining (...) eternal salvation" (§37). The title of the encyclical means on principles of Christian practical wisdom, the truths concerning the pursuit in this life of our supernatural end. Leo was also referring to the regnative prudence of the pontifical office, directing citizens qua baptized. Even if the direction is about political morality, the prudential directives presuppose sanctifying grace and a supernatural end. In other words, such prudence is here proffered under the formality of the New Law.1In the concrete, directing those who have sanctifying grace to right [End Page 971] judgment and action regarding what belongs or does not belong to Caesar is not easily given or received. The lines and entanglements are contingent and fluid. At a consistory immediately after World War II, Pope Pius XII remarked that the triumph of democratic forms of government has at least one advantage: "The distinction between the Church and even the democratic State becomes increasingly clear."2 Divine providence includes two comprehensive communities, polity and ecclesia, which differ in their respective origin and end. In the thick of events, they are not always so clear. For the better part of two millennia, ecclesial and civil governments look very much alike from an institutional and sociological point of view. They share families, languages, costumes, arts and sciences, banks, moral principles, the same contemporary media—indeed, even sharing the same laws and international protocols. More than half of the European Union countries are under at least one concordat with the Holy See. Yet when we casually speak of "Church and state," it is easy to imagine two teams in the same order of things. Even so, Pius XII acknowledged that democratic government makes clear(er) that the first subject of the polity is the populus, the people, whereas the first subject of the ecclesia is the Holy Spirit.Beginning with Leo (1878–1903), pontifical prudence had to reckon with the benefits and challenges of representative governments. Whenever public responsibility is vested in the citizens, the baptized citizens bear a greater burden of distinguishing what properly belongs to the Church and to civil government. For in representative governments the citizens are not vassals or retainers of the king and his court. Therefore it falls more directly upon the people to understand the difference between Church and civil government.3Leo understood the world he inhabited. In Rerum Novarum (1891), he mused, "Nothing is more useful than to look upon the world as it really is" (§18). This marks an important change in papal letters after 1789. Christian wisdom has to be communicated not merely to Catholics who are subjects but also to Catholics who are citizens: in France, Germany, Italy, Belgium, [End Page 972] and so on. Thus, Leo observed in an allocution two years after Sapientiae Christianae: "Faith embodied in the conscience of peoples rather than restoration of medieval institutions is the way to final victory."4As it turned out, Leo's greatest problem was the French Church and the Third Republic, which became more aggressively laicist with every passing decade, even though it was still under the 1801 concordat signed by Napoleon and Pius VII. For Leo, much was at stake, chiefly the law of divorce, which had been excised from the Napoleonic Code. Born in 1810, Leo had seen the historical events: the captivity of Pope Pius VII and then his release by the French, the demise of Napoleon, the loss of the papal states (the longest continuous temporal government in western Europe, until the summer of 1870), and Otto von Bismarck's Kulturkampf. He possessed those chief parts of prudence: memory, foresight, circumspection, and above all caution!Writing to the French Church in 1892, he observed that:Founded by Him who was, who is, and who... (shrink)

The question naturally arises: Is public art inherently violent, or is it a provocation to violence? Is violence built into the monument in its very conception? Or is violence simply an accident that befalls some monuments, a matter of the fortunes of history? The historical record suggests that if violence is simply an accident that happens to public art, it is one that is always waiting to happen. The principal media and materials of public art are stone and metal sculpture (...) not so much by choice as by necessity. “A public sculpture,” says Lawrence Alloway, “should be invulnerable or inaccessible. It should have the material strength to resist attack or be easily cleanable, but it also needs a formal structure that is not wrecked by alterations.”12 The violence that surrounds public art is more, however, than simply the ever-present possibility of an accident—the natural disaster or random act of vandalism. Much of the world’s public art—memorials, monuments, triumphal arches, obelisks, columns, and statues—has a rather direct reference to violence in the form of war or conquest. From Ozymandias to Caesar to Napoleon to Hitler, public art has served as a kind of monumentalizing of violence, and never more powerfully than when it presents the conqueror as a man of peace, imposing a Napoleonic code or a pax Romana on the world. Public sculpture that is too frank or explicit about this monumentalizing of violence, whether the Assyrian palace reliefs of the ninth century b.c., or Morris’s bomb sculpture proposal of 1981, is likely to offend the sensibilities of a public committed to the repression of its own complicity in violence.13 The very notion of public art as we receive it is inseparable from what Jürgen Habermas has called “the liberal model of the public sphere,” a dimension distinct from the economic, the private, and the political. This ideal realm provides the space in which disinterested citizens may contemplate a transparent emblem of their own inclusiveness and solidarity, and deliberate on the general good, free of coercion, violence, or private interests.14 12. Lawrence Alloway, “The Public Sculpture Problem,” Studio International 184 : 124.13. See Leo Bersani and Ulysse Dutoit, “The Forms of Violence,” October, no. 8 : 17-29, for an important critique of the “narrativization” of violence in Western art and an examination of the alternative suggested by the Assyrian palace reliefs.14. Habermas first introduced this concept in The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society, trans. Thomas Burger and Frederick Lawrence . First published in 1962, it has since become the focus of an extensive literature. See also Habermas’s short encyclopedia article, “The Public Sphere,” trans. Sara Lennox and Frank Lennox, New German Critique 1 : 49-55, and the introduction to it by Peter Hohendahl in the same issue, pp. 45-48. I owe much to the guidance of Miriam Hansen and Lauren Berlant on this complex and crucial topic. W. J. T. Mitchell, editor of Critical Inquiry, is Gaylord Donnelly Distinguished Service Professor of English and art at the University of Chicago. His recent book is Iconology: Image, Text, Ideology. (shrink)

Romantic, po st- Revolutionary French historiography can be described as "ancient verses on new ideas." The "new history" of this period, with its antiquarian nature, shared more with its predecessors than its practitioners acknowledged. Historical and legal scholars of the Restoration belonged to a long intellectual tradition of a shared hermeneutical "community of interpretation," based on common origins, though not necessarily goals. A belief in the historical grounding of knowledge and judgment united Restoration historians and legal scholars to their predecessors. (...) Debate over the origin of private property, the central human right advanced in the Napoleonic Code, united the two sorts of scholars, who examined the origins of the right of private property in the context of the history of laws, both Germanic and Roman. The establishment of private property proves to rest on the logic of feudalism, ironically overthrown in the Revolution while providing continuity in historiography before and after. (shrink)

continent. 2.1 (2012): 22–28. Jeroen Mettes burst onto the Dutch poetry scene twice. First, in 2005, when he became a strong presence on the nascent Dutch poetry blogosphere overnight as he embarked on his critical project Dichtersalfabet (Poet’s Alphabet). And again in 2011, when to great critical acclaim (and some bafflement) his complete writings were published – almost five years after his far too early death. 2005 was the year in which Dutch poetry blogging exploded. That year saw the foundation (...) of the influential, polemical, and populistically inclined weblog De Contrabas (The Double Bass), which became a strong force for internet poetry in Dutch in the years to follow. In the summer of that year, a lively debate raged in the aftermath of Bas Belleman’s article “ Doet poëzie er nu eindelijk toe ?” (“Does poetry finally matter now?”), on a blog specifically devoted to this question. Up to that point, the poetical debate in the Netherlands had largely been confined to literary reviews (which were often subsidized), having become mostly marginalized in more mainstream media, where poetry could be covered by only a small number of so-called authorities. As a result, literary debate had acquired a rather placid quality. Though a variety of camps with different aesthetics could be discerned, most poetical positions shared a general acceptance of poetry as a form of art somewhat apart from fundamental political concerns. Late modernists would pursue subtlety and density of reference. Others would insist poetry was best understood as a form of entertainment that should ideally be accessible and work well on the stage. Still others would insist that poetry is mostly a play with forms. Linguistically disruptive strategies were valued highly by some, but mostly for their aesthetic effect. Values of disinterested playfulness reigned supreme everywhere. Any idea that poetry could be a field in which one confronts politics and the world was decidedly marginal. This led to a climate in which most attempts at polemics were DOA, often based on far too superficial positioning and analysis. The greatest polemical debates were revolving around the question of whether poetry should be difficult or easy, with both camps defining their ideas of difficulty and accessibility in ways that were so utterly shallow as to make the entire point moot. Debates were performed, rather than engaged with. It was a postmodern hell of underarticulated poetics. Half-consciously, people were yearning for new forms of criticism that could put the oomph back into poetry. Weblogs provided for ways to explore debate directly outside of the clotted older channels of the reviews and the newspapers. Belleman’s essay and the resulting online activity had shown that there was a widespread eagerness to take poetry more seriously as a social art form. It was in this environment that Mettes started his remarkable project Dichtersalfabet . At that moment, Mettes was active mostly in academic circles, having become noted at Leiden University as a particularly gifted student of literary theory. Within the Netherlands, the field of literary theory has a very odd relationship to literature as it is practiced in the country. Academic theory tends to have a mostly international view and engage with international debates of cultural criticism, literary theory, and philosophy, with academics often publishing in English and attending conferences around the world. Literature itself however is much more concerned with domestic traditions. Consequently, in the Netherlands, there exists a language gap between academic theoretical practice (as it is studied in the literary theory departments) and literary practice (which, academically, gets studied in specialized departments of Dutch literature). The Dichtersalfabet can be seen as Mettes’s attempt to close this gap. It is also an attempt to bridge the divide between theory and practice, in which he could apply his theoretical knowledge in a very unorthodox and unacademic critical mode that moreover could reach far beyond the domain of conventional criticism. Mettes’s goal was to trace a diagonal through Dutch poetic culture, to “strangle” what he perceived to be its dominant oppressive traditions of agreeable irrelevance, in order to see whatever might be able to survive his critical assaults. But he could only do so by means of a very serious engagement with poetry itself. To this end, he would go systematically through the poetry bookshelf of the Verwijs bookshop (part of a mainstream chain of booksellers) in The Hague, buying one publication per blog item, starting from A and working his way through the alphabet, reading whatever he might encounter that way in the restaurant of the HEMA store (another big commercial chain in the country). He would subsequently write down his reading experiences, refraining however from trying to write a nuanced book review. Rather, he would write about anything that caught his attention and sparked his critical interest. This way of working would yield vast, at times somewhat rambling, dense, lively, and generally brilliant essays, in which he held no punches. He never hesitated to pull out his entire arsenal of concepts from the international theory traditions, while never degenerating into mere academic exercise and pointless intertextualities. The attempt was rather to live the poetry that he read, and to engage it with the full range of political, academic, cultural, and personal references that he had at his disposal—all that composed the individual named Jeroen Mettes as a reader. Often what he wrote would not be according to the standards of what we usually think of as a critical review of a book of poetry. Sometimes he would even be a little sloppy in his judgments of poets or representations of the books he read, for example by basing an entire essay on the blurb of a book rather than its poetry content. But what he did was always brilliant writing nonetheless—virtuoso riffs on poetic fragments randomly found within capitalist society, exposing an incisive and insistent poetical sensibility. Mettes read poetry for political reasons, to see whether poetry could offer him a way to deal with a political world he detested. The right-wing horrors of the Bush years, the Iraq war, and the turn of Dutch public opinion towards ever more conservative, narrow-minded, and xenophobic views alongside a complete failure of the political left to present any credible alternative, were weighing heavily on the times in which Mettes reported on his reading. Poetry was to measure this world, diagram it, to lay bare its inconsistencies and faults, to indicate where lines of flight might be found. Amid the ruins of a world wrecked by imperialist policies, corporate capitalism, and doctrinal neoliberalism it would have to show the possibility of a new community. And it was, through its rhythmical workings, to release the reading subject from his confinement to ideologically conditioned individuality and lead him into the immanent paradise of reading. The stakes were high. Much higher than anything Dutch poetry had seen for many years. Mettes’s blog was widely read from the start. His posts sparked lively debates. Some of these subsequently led to the publication of extensive essays on a few key poets in some literary journals, particularly Parmentier and the Flemish journal yang , for which Mettes would become a member of the editorial board, a few months after starting the Dichtersalfabet . This could have been the start of a brilliant career, but this was not to be. The initial manic energy that fueled the blog gradually subsided. The Alfabet was updated less and less regularly. Mettes sometimes just disappeared for many weeks, then suddenly returning with a brilliant essay. Until, on September 21, 2006, he posted his final blogpost, consisting of no text whatsoever. That night I learned from his mentor at Leiden University that he had committed suicide. Mettes and I had had some fruitful exchanges on poetry, rhythm, music, and form, mostly on the blogs, but also by email. Three weeks before his death was the last time I heard from him: a very sudden, uncharacteristically curt note saying “My old new sentence epic.” Attached to that message I found a DOC-file of a work so major that I felt intimidated. This was N30 , a text he had been working on for over five years. After his death, it took me a long time before I dared to read it in its entirety. In the meantime, the work of preparing the manuscript for publication was entrusted by his relatives to his colleagues at yang magazine. It took them a few years to brush up the text and to edit the Dichtersalfabet -blog (which, apart from the Alphabet project itself, incorporated many other fragments of political, polemical, and theoretical writing) into book form along with the essays. The result of this labor was finally published in 2011 as a two-book set, and Mettes burst onto the Dutch poetry scene for the second time. The work was widely reviewed, on blogs, in journals, magazines, and newspapers. Many critics who had not followed the blogs in 2005 showed themselves surprised, baffled even, by the intensity of Mettes’s critical writing. But for those who had read the blog, the main surprise was in the poetry. During Mettes’s lifetime, some of his poems had already been published in Parmentier . Although these were strong texts by themselves, in no way did they prepare readers for N30 . Nothing like it had been written in Dutch before. Instead, N30 explicitly follows the American tradition of Language Writing, directly referencing Ron Silliman and his concept of The New Sentence. However, it would seem that much of the poetical thinking around his use of this technique puts him closer to a writer such as Bruce Andrews. For Mettes, using non sequiturs as a unit of poetic construction was not only a way of reinventing formal textual construction, but it was another way of finding the fault lines in the social fabric. From the perspective of the Language tradition, one may put N30 somewhere between Silliman and Andrews. N30 shares an autobiographical element with Silliman’s New Sentence projects, and as in Andrews, there is a concern for mapping out social totality within text—what Mettes refers to as a “textual world civil war.” Again this shows a formal textual strategy for allowing the person “Jeroen Mettes” to be absorbed by the world, which here appears as a whirlwind of demotic and demonic chatter, full of violence, humor, intensity, beauty, disgust, sex, commerce, and strife. Influenced as it may by American precursors, Mettes’s tone and form end up quite different from his American counterparts, consistently referencing a world that is Dutch, all too Dutch, taking on the oppressive orderliness of Dutch society with its endemic penchant for consensus by introducing chaos into its daily life and laying bare its implicit aggressions. The work’s 31 chapters each have a different feel and rhythmical outline, but none of them follow a predetermined pattern. Rather, Mettes would consistently edit and reedit the text, randomly rewriting parts of it, as he explains in his poetical creed Politieke Poëzie (Political Poetry). N30 – referring to the 1999 antiglobalist protest in Seattle – was to be the first text of a trilogy. The work itself was written “in the mode of the present.” A second text was to be written in the mode of the future, and a third one, in the mode of the past, was going to be an epic poem about the Paris Commune, and to form an alternative poetic constitution for the European project. I still deeply regret that Jeroen Mettes never got to complete those projects, just as I would be very keen on knowing what he might have had to say about more recent political developments. Instead, in 2006, he remained stuck in the horrors of the present, that ended up consuming him completely. He left Dutch literature with some of its most piercing criticism and its most profoundly moving, exciting and powerful poetry. Excerpts from N30 Translated by Vincent W.J. van Gerven Oei from Jeroen Mettes. "N30." In N30+ . Amsterdam: De wereldbibliotheek, 2011. Published with permission of Uitgeverij Wereldbibliotheek, Amsterdam. Chapter 1 1999. A day is a space too. And another man, who had chained himself, had his ribs crushed, and a motor has driven over somebody’s legs. Dutch health care system spends ±145 million guilders per year on worriers. A spiderweb vibrates as I pass by. Randstad renovating. She slaps her bag against her ass: “Hurry up!” OPINION IS TRUE FRIENDSHIP Your skin. It doesn’t express anything. “But the use of the sword, that’s what I learned, and you’ll need nothing more for the moment.” Just try to interrogate a guy like that. Gullit in Sierra Leone. Codes silently lying all around. But that’s simply what belongs to “that it’s just allowed”: that sigh of “world” (a word expressing that the trees are now standing along the water like black men with white bags in their hair); that’s nothing else right? And you see how everything has to move, and first of all what cannot do so. Without Elysium and without savings, barbarians lashing out, horny for an enemy, staring across the water, staring into the air—staring to get out of it. “You’ve never showed me more than the mall,” she said. All those “dreams” in the end—and now? It was lying on the stairway, so I picked it up and took it upstairs. Chapter 3 “You know what?” Telecommunication. For love… I don’t really like that cheap cultural pessimism, but… The holy city is on pilgrimage in the earthly bodies of the faithful until the time of the heavenly kingdom has come. The end of an exhausting autumn day behind the computer, my eyes filled with tears of fatigue. KITCHEN / INSTALLATION / SPECIALIST. Network integration. In the sun, stretched out on a sheet. (…) I don’t believe what I’m reading, because I want to believe something else. An illusion? Suits me. There’s a variety of shapes and tastes… “So what?” you may think. 102 dalmatians can’t be wrong. But I want more, dear… A feel good movie. I’m smashing the burned body. So what? We continue to save the European civilization. What’s there to win? Plato with poets = Stalin without gulag? Ball against the crossbar. No wonder. She comes straight to her point. She’s standing in the kitchen eating an apple. (…) The godless Napoleon had used her as a stable and wanted to have her taken down. “Our” Rutger Hauer. Ready or not here I come. Psst… are you also wearing a string? Nobody understands our desire. Cliffs breaking the waves and shattering the sunset. I used to be a real romantic (as a poet). A typical fantasy used to be the one in which I brutally raped mother and daughter Seaver from the sitcom Growing Pains . Nevertheless you only contain bad words. Eyelashes. Automatic or manual? That your skin always in the afternoon. Integration. The air is empty. Too bad! Hand in hand on their lonely way. Alaska! Chapter 12 May 5, 2001 [10:00-10:30] A dust cloud on a hill. Globe. Indian (British) (tie) / pope. Damascus. Rape. We’re carrying the ayatollah’s portrait through the streets. At the moment the girl is mostly suede jacket with white ribbons on her sleeves. A small explosion flares up/impact. Camouflage. Close up. We’re analyzing the situation. He’s dead right? Dead dead. Dead. Everything without, these, and only with the body. Indices signal death. Dollar bills are printed in factories. Holes. Light patch. Globe in a box. Microphone. What’s the situation? Grey impact on a green hill (field?). The water is blue. He has no lips. Interns on the background with skirts that are too long. This is an example of a sonnet. An Islamic woman pushes against the door of an electronics shop. Arrows (percentages (prices)). Is this what awaits the American? Touch screen interface. The word, an island, can only be a sign in that situation. We pull up a chair, join in on the fun. On the shelves only books about computers. One glance in the distance is enough to lighten up a luna park in the distance. She’s really desperate, especially when she laughs. Click. Ah. Next. And now it’s raining, but that’s ok. Yellow stains sliding over the south. Shallow caves light: clothes, boots, electrical equipment. 45. 22:10. Nothing gives you the right to eat more than people starving to death. The Hague. Slam dunk. Traffic light. Two H’s, one L (standing for the L (little prick)). We’re happy to say something. Clouds, small suns, temperatures, cities. The truth is never an excuse. Yellow. Yellow. Green. Yellow. Yellow. Yellow. Yellow. Green. Green. Yellow. Will you email me? Skeleton: “No.” Ex-nerds in brand-new and brightly red sport cars. $$$. I love. Shihab. Hooves in the sand. Skinny senior with over-sized sunglasses; old jockey (cap, trophy) smiling in slow motion. And there I am again, flashback, crying with my head in between my hands. Sometimes I’ve got the feeling that cannibals. Eyes: blue. Cancer. Why would I wait until tomorrow? Golden beams protruding from the lifted/lit earth. May 5, 2001 [11:30-12:45] You’ll remember this for the rest of your life. Graphs, diagrams. Bu$ine$$. Blue shirt, white collar, no neck (porn star). A name lights up. I’m hysteric. Will you join us? Letters falling in their words. Fingers set up a tent and start to dance. Young entrepreneurs from poor neighborhoods (read: black) guided by Microsoft. Kinda makes me happy, that sort of kitsch. A sense of exhaustion/impotence to see anything but the present. (…) Wouldn’t you like to? Orange explosion in an industrial zone. YOU’RE DOING THIS FOR AMNESTY INTERNATIONAL. Would you. A familiar face. Clouds and blossom. Sunflowers. Supermodels. Mountainous area in a rectangle: shades of brown, from dark to beige, more green toward the south. Tents and next to them (it’s all a blur) people. Plane. Stadium. Geometrical block of people. No, I ain’t crying. I don’t speak no more. I just want. Quote + photo. (Positive:) screaming crowd. Three-piece suit, seen from the back, before entering the arena. On the back: “Daddy abused me.” Oh, bummer. State of emergency has been declared and everyone has to cooperate. She’s cut her wrists. What we do know (…) is that there’s never been a unique word, an imperative name, nor will there ever be. [Click here for work that suits you.] Barefooted children are watching it (coherent pieces revelation of what’s lying below). Who knows how she’s changed during those two years. “Everything used to be better” + sigh. And here we are. An empty field of parquet. A city lying behind it. Explosion. Blue. A rain drop falling in my coffee. May 5, 2001 [14:30-15:30] A young Arafat on video speaking with raised finger. “I’m calling from my convertible.” Names on walls, victims, numbers… Tourists. Yellow. Yellow. “Your own child! Really, what kind of human are you?” I don’t want to hear it no more. A woman jumping out of the water in a yellow bikini against a background of fireworks and the Cheops pyramid. Thy sorrow shall become good fortune, thy complaints laudation. All planets will float and wander. Wo die Welt zum Bild wird, kommt das System (…) zur Herrschaft. It is something, but is it? May 5, 2001 [18:30-19:00] Iris. Leaves. NASDAQ. Open / and white and. For the one who’s doing nothing, just waiting. (…) NO DEFEAT is made entirely up of defeat -- since / the world it opens is always a place / formerly / unsuspected. October 2002. “Jeroen, I’m leaving for the cemetery, byeeee.” The rise of the middle class. My entire oeuvre is an ode to the. My entire head is a fight against the. God always demands what you cannot sacrifice. You may take that the easy way, but… “The state hasn’t made us, but we make the state” (Hitler). A stork exits the elevator. Skeletons of. Moscow. Helsinki. Palermo. Paris. Chapter 30 Like your paradises: nothing. United Desire, as only remaining superpower. And even though the sea is now calmer and the wind is blowing pleasantly in my face… Heart! Who determines whether a tradition is “alive”? The yellow leaf or the white branch? Mars. This sentence is a typical example. Most Dutch people are happy. No consolation. When I see a girl sitting at a table with a book, a notepad, a pen, a bottle of mineral water, her hand writing in the light—then I consider that one thing. “Presents,” “poetry,” “classics.” We are what we cannot make from ourselves. “Left”: mendicant orders, missionaries. Saint-Just: “A republic is founded on the destruction of its enemies.” She crosses the street with a banana peel between her fingers. (…) We chose our own wardens, torturers, it was us who called all this insanity upon ourselves, we created this nightmare… But “no”? Girl (just like a beach ball) talking rapid Spanish (Portuguese?) in a mobile phone. Do I have a chance now that her boyfriend is getting bold? CLIO, horny bitch. What else do you want? An old woman, between the doors of the C1000, is suddenly unable to go on; her husband stretches out his hand, speaking a few encouraging words. Selection from. Der Führer schenkt den Jüden ein Stadt. How can it reach us if we haven’t been already reached somehow? It doesn’t “speak.” No problem. Each word she uses is a small miracle, as if she doesn’t belong to it, to language, but wanders around with a pocket light looking for the exit; she’s never desperate (maybe a little nervous), lighting up heavy words from the inside. But indeed, we’re free. But the predicate is not an attribute, but an event, and the subject is not a subject, but a shell. That’s why also samurai, knights, and warriors raised the blossom as emblem: they knew how to die. Locked up in a baby carriage with a McDonald’s balloon. Blue helicopter, the blue sky. Whether you want to refer? The point is. How / Motherfucker can I sing a sad song / When I remember Zion? You’ll feel so miserable and worthless that you think: “If only I were dead!,” or: “Just put an end to it!” “So you’re an economist?” Her card—two little birds building a nest, her handwriting shaking—is still on the mantelpiece. Guevara: “No, a communist.” A straw fire, such was our life: rapidly it flared up, rapidly it passed. I’m fleeing, coming from nowhere. (…) Eazy-E drinking coffee with the American president. If I’d scream, would that be an event? Drown it: the cleaner it will rise up from the depths. No! The night, so fast… As if there’s something opened up in that face. Come on, we may not curse life. He shows me his methadone: “If you drink that all at once, you’ll die instantly.” The last one dictates how we should behave to deserve happiness. One shine / above the earth. “I want to go to Bosnia,” I said bluntly. I don’t even know the name of the current mayor. Let’s despise our success! “There is no future; this is the future. Hope is a weakness that we've overcome. We have found happiness!” Sun. Sushi. Volvo. I feel like a bomb about to explode at any moment. Makes a difference for the reconstruction right? The decor moves forward. Daughter of Nereus, you nymphs of the sea, and you Thetis, you should have kept his tired head above the waves! Alas! This sentence has been written wearing a green cap. I receive my orders from the future. A frog jumps into it. Her husband has turned the Intifada, which he follows daily on CCN, into his hobby, “to forget that he doesn’t have his driver’s license yet." Suddenly the sun slides over the crosswalk. Her (his?) foot is playing with the slipper under the table. Is this how I’m writing this book now? I’m not a fellow man. I hate you and I want to hurt you. These are my people. Their screaming doesn’t rise above the constantly wailing sirens which we've learned to ignore. My whole body became warm and suddenly started to tremble. Unfortunate is he who is standing on the threshold of the most beautiful time, but awaits a better one. Arafat’s “removal” is contrary to American interests. Jeep drives into boy. What you can do alone, you should do alone. A food gift from the people of the United States of America. Two seagulls. [...]. (shrink)

Ludwig von Mühlenfels as Advocatus Schleiermacheri. An addendum. The editorial copy of the “Allgemeine Zeitung” has survived in the Cotta-Archive with the names of the contributors. This has made it possible to identify belatedly the author of the apologia “Another word about Schleiermacher” in the “Außerordentliche Beilage der Allgemeinen Zeitung” (Augsburg) of April 2, 1834. It was Ludwig Friedrich von Mühlenfels (1793–1861). Mühlenfels, who led a rather varied life, was related to Schleiermacher’s wife Henriette, and thus belonged to Schleiermacher’s extended (...) family. (1) Member of Lützow’s Freicorps. On Schleiermacher’s suggestion, Mühlenfels participated in the war of liberation against Napoleon as a volunteer with the “Black Hunters”, in the end in the so-called Battle of the Nations at Leipzig. He finished the study of law in 1816 and, on probation, joined the prosecutor’s office in Cologne where the French legal code was still in force. (2) Incarcerated as a demagogue under the investigating judge E. T. A. Hoffmann. Mühlenfels became one of the formative figures in the early history of German fraternities and participated in the Wartburg Festival in October 1817. He was arrested in July 1819 by the authorities in Berlin, charged with activities as a demagogue and incarcerated in Berlin on September 17. Mühlenfels contested the jurisdiction of the authorities in Berlin and refused to testify. The investigative judge was the writer and composer E. T. A. Hoffmann who wanted to have Mühlenfels released, and who later used him as a literary figure in a satirical novel. (3) Flight from Berlin – Exile in Sweden. On May 5, 1821, Mühlenfels succeeded in fleeing to Sweden where he made a meagerly living as a private tutor. (4) Professor for German and Scandinavian Literature in London – Return to Prussia. In October 1827, Mühlenfels reached London. Supported by some German scholars, he obtained the Chair for German and Scandinavian at the newly founded University College. He taught there until 1831 and publishedseveral textbooks. When he was acquitted by a court ruling in 1830, he returned to the Prussian public service in August 1831 and gradually built a solid career. (5) The defender of Schleiermacher. His apologia of Schleiermacher written in opposition to the obituary by Gutzkow is a masterpiece of literary and legal writing. – First publication: Six letters between Mühlenfels, Henriette and Friedrich Schleiermacher, and Georg Andreas Reimer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Men with Muskets, Women with Lyres: Nationality, Citizenship, and Gender in the Writings of Germaine de StaëlSusanne HillmanOn 23 May 1812 Germaine de Staël (1766–1817), Europe’s best-known enemy of Napoleon Bonaparte, set out from her estate on Lake Geneva to escape to England. In her reminiscences, she reflected on the pivotal event as follows:[A]fter ten years of ever-increasing persecutions [...] I was obliged to leave two homelands as a (...) fugitive, Switzerland and France, by order of a man less French than I. For I was born on the banks of the Seine, where his only claim to citizenship is his tyranny. He saw the light of day on the island of Corsica, practically within Africa’s savage sway. His father did not, like mine, devote his fortune and his sleepless nights to defending France from bankruptcy and famine; the air of this beautiful country is not his native air; how can he understand the pain of being exiled from it, when he considers this fertile land only as the instrument of his victories. [End Page 231] Where is his patrie? It is any country that accepts his domination. His fellow-citizens? They are whatever slaves obey his orders.1In this passage, de Staël deliberately links nationality and citizenship. In her view, citizenship status was acquired simply by being born on French soil. Her family’s tireless labors on behalf of the nation added another irrefutable proof of Frenchness. In addition, growing up in France and breathing the country’s invigorating air had created an emotional attachment that a person raised elsewhere simply could not fathom. We thus have a triad of birth/service/sentiment that connects the deserving individual to his or her nation (in this case la grande nation).In this essay I explore de Staël’s understanding of the twin concepts of nationality and citizenship through the lens of gender. Nationality and citizenship were of perennial concern to her thought, partly because of the turbulent times she lived in, partly because of her personal experience in exile. Influenced by history and literature, she early on admired the gallant men with muskets who heroically sacrificed their lives for the glory of the nation. But it was the exceptional women with lyres who were destined to act as the nation’s unifying agents by recreating the gallants’ deeds in writing. By imagining the nation these women fulfilled the supreme task of citizenship. In what follows I will argue that de Staël conceived of the ideal citizen as a woman writer or artist who served her nation by inspiring its members with enthusiasm and virtue.2 In elaborating her view of the superior woman as citoyenne and national muse she made an important contribution to the debate on the nation and the citizen.The only daughter of Louis XVI’s finance minister Jacques Necker and the salonnière Suzanne Curchod-Necker, of Genevan and Vaudois citizenship respectively, de Staël gained fame and notoriety through her brilliant conversational talents, political intrigues, and unconventional relationships with famous men. Though she considered herself a “true Frenchwoman” (véritable française),3 she was a citizen of Geneva and a Swedish subject by marriage, at least until 1803 when she took advantage of the Code Civil [End Page 232] and officially claimed French citizenship.4 Considering this multiplicity of conflicting loyalties, it is not surprising that her major writings reveal a sustained preoccupation with these issues.Despite their undeniable significance for early nineteenth-century European intellectual history, historians have so far devoted scant attention to de Staël’s writings. In fact, in the US, Staëlien studies have largely been dominated by literary criticism and theory.5 This has had the effect of prioritizing her novels over her non-fiction, downplaying the historical context of her oeuvre and, most grievously, ignoring de Staël’s historical contribution to socio-political thought.6 As a result of the complex ways in which her personal experience informed her writing, her oeuvre is best examined as a unified, though certainly inconsistent, whole. Her writings were rarely “products of intense deliberation, but rather reflections... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“A Candle in Sunshine”Desire and Apocalypse in Blake and HölderlinMichael Kirwan, SJ (bio)Introduction1René Girard, in the wake of the critical theorists Adorno and Horkheimer, offers “an analysis of the present epoch.” His work can be seen as a further attempt to articulate the “dialectic of Enlightenment”: to explore precisely why, despite the hopes invested in the possibilities of human emancipation, the “enlightened world radiates disaster triumphant.” Like them, Girard (...) seeks to diagnose the present age and its Siamese twinning of emancipatory knowledge and barbarism.He does so by invoking messianic religious themes, notably the biblical theological category of apocalypse.2 In Battling to the End—by Girard’s own admission, a “bizarre book”—the apocalypse has quite specific geographical and historical coordinates. The hypermimetic rivalry between France and Germany that escalates through the nineteenth century reaches a symbolic tipping point in Hegel’s fascinated interpretation of Napoleon Bonaparte’s intervention at Jena in 1806—a fascination shared by Carl von Clausewitz (1780–1831), Prussian military theorist and author of the unfinished treatise On War. Girard thinks through Clausewitz’s appalled realization of the special nature of this [End Page 179] conflict: namely, that the intense “escalation to extremes” that ensnares these two protagonists will prove capable of overwhelming the “sacrificial” function of warfare. In other words, war will no longer have the capacity for channeling and containing conflict within strictly codified parameters. Click for larger view View full resolutionThe Last Judgement (1808) by William Blake (1757–1827), The Egremont Collection (accepted in lieu of tax by H.M. Treasury in 1957 and subsequently transferred to the National Trust). © NTPL/John Hammond[End Page 180]Following this logic, Girard argues that the total mobilization of populations begun with the French revolutionary army has indeed escalated, into the nightmarish catastrophes engulfing Europe and the world in the last century, which we now experience in the form of a global and globalized “war on terror”—a “global civil war.” Robert Hamerton-Kelly understands the situation as apocalyptic, defined as “an interpretation of politics in the form of a coded narrative.”3 Drawing on the root meaning of apokalypsis as “unveiling” or “disclosure,” he declares that ”something is being revealed about our world order, whether by divine grace or human reason,”4 a revelation that not only documents the threat to order but is itself a cause of the instability.Whether this heightened sense of history and its convulsions constitutes a significant change in mimetic theory, an “apocalyptic turn,” is open to debate. Hamerton-Kelly reminds us that Girard’s writing has been apocalyptic from the outset: witness Girard’s discussion of “The Dostoyevskian Apocalypse” in his first book. In his other main works, Girard has developed “an apocalyptic anthropology” that unveils the sacred structure of “this world.” This is apocalypse, but with a twist:Mimetic theory is ironically apocalyptic, because it is the opposite of what normally passes for that genre. It is nonviolent, while the vulgar apocalypse is violent, it decodes while the vulgar encodes, nevertheless, it is apocalyptic because it deals with universal history and human nature and assumes that historiography is possible and the human story is not “a tale told by an idiot.” It is apocalyptic because it decodes the encryption of violence in the vulgar apocalypse, in symbols such as the divine judgement and the torture of the guilty.5Bringing this context to light is less a matter of archaeology as of astrophysics: here, as it were, is modernity’s “big bang,” the point of origin of the matter and anti-matter of resentful energy that now threatens to overwhelm us.6 Girard’s reading offers much for the historian to grapple with, and yet it calls for more than historical analysis. In addition to Hegel and Clausewitz, Girard summons a further witness, Friedrich Hölderlin (1770–1843), a “theological poet” or Dichter, whose life and verse are read as a further commentary on the turbulent opening decade of the nineteenth century. The aim of the present article is to elucidate this poetical-theological dimension of Girard’s argument, partly by highlighting Girard’s invocation of Hölderlin, but also... (shrink)

The supposition that Wittgenstein's Tractatus advances a certain metaphysics has given rise to a controversy over the ontological status of his Tractarian objects. It has been debated, for instance, whether these objects consist only of particulars or of both particulars and universals; whether they are physical, phenomenal, or phenomenological entities; and whether they correspond to Russell's objects of acquaintance or Kant's phenomena and substance. In this essay, I endorse Ishiguro's view that these objects, being formal concepts, are ontologically neutral and (...) thus are not identifiable with any ontological kind of entities. I elaborate on the coherence of this view with the propositional dependence of the meaning of Tractarian names. After showing why some arguments for ascribing a Russellian theory of meaning to these names do not work, I demonstrate why Ishiguro's account of Tractarian objects and names provides a better explanation of the unalterability of these objects. (shrink)

One fundamental healthcare issue brought to the fore by the current COVID-19 pandemic concerns the scope and nature of the right to healthcare. Given our increasing need for the usually limited healthcare resources, to what extent can we demand provision of these resources as a matter of right? One philosophical way of handling this issue is to clarify the nature of this right. Using the challenges of COVID-19 in the Philippines as the context of analysis, we argue for the view (...) that regards the right to healthcare as fundamentally moral in kind, which should thereby guide its legal and contractual appropriations. In particular, we respond to objections against this view stemming from issues concerning the universality and satisfiability of the right’s correlative duty. We deal with such issues by invoking the relative degree of incumbency of moral rights and the capability-relativity of positive duties. We further contend that as these factors define the scope of the moral right to healthcare, they thus constrain what we can demand as a matter of right to meet our healthcare needs in this time of the pandemic. (shrink)

Contemporary philosophy of mind is generally characterized by its project to naturalize the mind. Utilizing the findings of the different sciences involved in cognitive science, especially those of artificial intelligence and neuroscience, it continues to explore ways to explain the workings of the mind in purely scientific terms. But despite the rigor and sophistication of its methods, certain questions critical to its success have remained unanswered, such as how consciousness emerges from the brain’s physical processes and how the phenomenal properties (...) of our conscious experiences arise from the physical properties of our bodily experiences. This has led some scholars to seek alternative perspectives. One such perspective that is widely explored today is Buddhist thought. The centrality of the mind in Buddhist thought and its perceived compatibility with the findings of modern science make it an attractive alternative framework to carry out the naturalization project. In this paper, I aim to examine the plausibility of this strategy. In particular, I shall evaluate whether Buddhist thought provides the needed insights to overcome the challenges facing the said project. (shrink)

Uno de los problemas más traumáticos que enfrentamos al asumir un proceso de investigación tiene que ver con la falta de comprensión de las perspectivas teóricas con que podemos emprender la solución de un determinado problema. Existe por ejemplo, la creencia derivada de resolver problemas de invest..

One compelling argument challenging the tenability of physicalism, which sees reality as fundamentally comprised of physical facts, is Jackson's knowledge argument. Through a powerful thought experiment involving the case of Mary, the super neuroscientist, the argument demonstrates how knowledge of phenomenal facts cannot be deduced from knowledge of physical facts. For allegedly leaving out phenomenal facts in its account of reality, physicalism is shown to be incomplete and hence mistaken. Physicalists respond to this argument in a variety of ways, challenging, (...) in turn, some aspects of the knowledge argument. This paper focuses on the replies of the ability hypothesis and the phenomenal concept strategy, which respectively try to block the two crucial moves in the knowledge argument: the establishment of an epistemic gap and the inference from the occurrence of this gap to the existence of an ontological gap. The paper critically examines how proponents of these two replies to the knowledge argument respond to some objections to maintain the viability of physicalism. (shrink)

One of the most widely acknowledged Filipino cultural values is utang na loob. Sometimes translated as “debt of gratitude,” it refers to an informal form of reciprocal social obligation that arises when a person is significantly assisted by another during a difficult time. As it touches on the Filipino sense of human dignity and social responsibility, utang na loob is one critical theme in most research investigating the characteristics of the Filipino psyche, culture, and social behavior. Explaining the nature and (...) occurrence of utang na loob, however, has its challenges, foremost of which is how to appropriately account for its negative or morally problematic instantiations. This essay examines how some approaches that regard utang na loob as a moral virtue handle this challenge. After identifying several difficulties with these approaches, the essay argues for an alternative approach that maintains the status of utang na loob as a cultural value whose instantiating actions are subject to moral evaluation. (shrink)

This essay deals with the following issues: (1) whether corporations can have moral responsibilities; (2) whether, granting that corporations can have moral responsibilities, nature can be an object of these responsibilities; and (3) what moral theory can appropriately justify why corporations ought to contribute to the cause of environmental protection. It is here argued that while it can be shown that corporations can have moral responsibilities, such responsibilities are limited towards humans and other corporations. The main reason is that the (...) morally relevant functional capacities which corporations can be shown as possessing are limited to those functional capacities that give moral status to humans. As such, natural nonhumans are beyond the scope of these responsibilities. But this does not mean that it becomes justifiable for corporations to disregard environmental concerns. For part of the moral responsibilities of corporations towards humans is to respect the right of humans to a livable natural environment. In addition, because of their enduring existence and long-term goals, corporations can act as a bridge between humans of the present generation and those of future generations. This bridge makes it meaningful to speak of the moral responsibilities of humans of the present generation towards those of future generations. (shrink)

Contemporary humanity—especially urban‐industrial civilization with its domination of nature—is disturbing complex, integrated, self‐regulating systems that have evolved over long periods of time. We are threatening not only biological ecosystems but also human self‐regulating capabilities at both the biological and the social‐systems levels. This paper presents examples of such disturbance both in the organism—respiratory‐cardiovascular problems related to environmental pollution‐and at the population level—rates of infant mortality and relations between fertility and mortality in light of economic and emotional factors. Prospects for our (...) future survival and flourishing are thus linked less to technical know‐how than to ecological understanding. (shrink)

With its use of the powerful technology of computer, the computational theory of mind or computationalism, which regards minds as computational systems, has been widely hailed as the most promising theory that will carry out the project of explaining the workings of the mind in purely scientific terms. While it continues to serve as the primary framework for scientifically inclined theorizing and investigations about the nature of minds, especially in the area of cognitive science, it, however, continues to face strong (...) objections from its critics. And with the growing complexity and sophistication of the arguments used to promote and reject the theory, the debate has become intractable. It has become quite difficult to assess which side of the dispute is gaining the upper hand. Such difficulty may be due to a variety of reasons. In this essay, I critically examine two of such reasons. The first concerns the ambiguity of the theory’s intended scope of application: whether it is limited to the mind’s cognitive features only or it also includes the mind’s phenomenal features. The second concerns the vagueness of how the so-called computer modelling of human cognitive processes is able to duplicate such processes. Accordingly, if insufficiently addressed, they remain as two roadblocks to the entire project of computationalism. (shrink)

The damaging effects of the activities of corporations on the natural environment have given rise to the need to evaluate corporate policies, decisions, and actions affecting the natural environment on moral grounds. There are two important questions that need to be addressed in this regard. The first is whether corporations have a moral obligation to protect the natural environment, which is over and above their economic duty to maximize profits for their stockholders and their legal duty to obey environmental laws. (...) And the second is, given that they do have this moral obligation, what sort of environmental ethical theory (homocentrism, biocentrism, utilitarianism) ought to guide the exercise of such an obligation? This paper argues that corporations do have such moral obligations, for they are moral agents in virtue of their nonmetaphorical possession of rational capacities. This, however, implies that the corporations’ exercise of this obligation can only be properly guided by a rationalist type of ethics. (shrink)

This essay primarily disputes Dreyfus’s account of Heidegger’s critique of Husserl’s theory of intentionality. Specifically, it raises objections to the three central claims of such an account; namely: (1) that Searle’s theory of intentional action can be used as a stand-in for Husserl’s; (2) that Heidegger rejects the primordiality of the intentionality of consciousness; and (3) that Heidegger distinguishes between conscious and unconscious types of intentional actions and he privileges the latter over the former. I show the first to be (...) unwarranted owing to a lack of fundamental parallelisms between Searle’s and Husserl’s theories of intentionality. I show the second to be mistaken for failing to take into account Heidegger’s strategic handling of the concept of consciousness and for contradicting Heidegger’s concept of care as the essential meaning of Dasein’s being-in-the-world. Lastly, I show the third to be highly problematic for lacking in textual evidence and explanatory power. (shrink)

En el presente articulo se aborda la persona de Mauricio Beuchot, uno de los filósofos mexicanos más relevantes de la actualidad, en su aspecto de tomista analítico.

This essay shows why children advertising or business ads directed at children cannot be justified on moral grounds. It is argued that while the persuasive intent of business ads in general does not always lead to the manipulation of consumers, children’s yet undeveloped or general lack of the capacity to make autonomous, rational, or free and informed buying decisions renders business ads directed at them necessarily manipulative. Accordingly, it is when ads are manipulative that they are unethical. And the absence (...) of an internal mechanism in children to guard themselves against the possible manipulations of the ads directed at them renders the persuasive techniques of these ads as ways of taking advantage of their vulnerability. (shrink)

This essay is a critical examination of how Edmund Husserl, in his appropriation of Franz Brentano’s concept of intentionality into his phenomenology, deals with the very issues that shaped Brentano’s theory of intentionality. These issues concern the proper criterion for distinguishing mental from physical phenomena and the right explanation for the independence of the intentionality of mental phenomena from the existence or non-existence of their objects. Husserl disagrees with Brentano’s views that intentionality is the distinguishing feature of all mental phenomena (...) and that the mental status of intentional objects is what explains the said independence. The crucial concept in Husserl’s theory of intentionality is the noema of consciousness, which functions in the same way as Gottlob Frege’s sense in his theory of semantics. This essay argues that Husserl’s alternative solutions to the problems of Brentano run in conflict either with the desired rigor of his phenomenology or with the actual workings of language. (shrink)

In this paper I discuss some of the criteria that are widely used in the linguistic and philosophical literature to classify an aspect of meaning as either semantic or pragmatic. With regards to the case of scalar implicature (e.g. some Fs are G implying that not all Fs are G), these criteria are not ultimately conclusive, either in the results of their application, or in the interpretation of the results with regards to the semantics/pragmatics distinction (or in both). I propose (...) a psychologically relevant criterion, that of the primary or secondary role of context. This criterion applies to sub-personal processes that derive the interpretation of a scalar term rather than to the eventual interpretation of the term, and there exist well-established experimental paradigms that can generate quantitative data. I present recent studies on scalar implicature which employ such off-line and real-time paradigms, aiming to demonstrate how research on the semantics/pragmatics distinction can benefit from experimental investigation. (shrink)

The epic life of Pope John Paul II touches virtually all aspects of the human being in time and space. His successful world outreach achieves unprecedented superlative proportions in his search for universal harmonies among peoples, cultures and religions. Significantly, his death confirms the success of his positive mission on the Earth as his death caused an extraordinary unity of people, cultures, and religions during his funeral. No one else has unified such opposing opposites in a memorial service in a (...) millennium! Thus, Pope John Paul II by his calling served the sacred; his deeds achieve a synchronized symphony of the sacred and secular. This paper examines the views of Pope John Paul II, as expressed in Laborem Excercens, through the concept of the unity of oppositesin sacred and secular architecture. (shrink)

Due to his significant role in the development of computer technology and the discipline of artificial intelligence, Alan Turing has supposedly subscribed to the theory of mind that has been greatly inspired by the power of the said technology which has eventually become the dominant framework for current researches in artificial intelligence and cognitive science, namely, computationalism or the computational theory of mind. In this essay, I challenge this supposition. In particular, I will try to show that there is no (...) evidence in Turing’s two seminal works that supports such a supposition. His 1936 paper is all about the notion of computation or computability as it applies to mathematical functions and not to the nature or workings of intelligence. On the other hand, while his 1950 work is about intelligence, it is, however, particularly concerned with the problem of whether intelligence can be attributed to computing machines and not of whether computationality can be attributed to human intelligence or to intelligence in general. (shrink)