River conservation is rooted in the importance of managing watersheds (D.A.S.) in Indonesia, with 42,210 watersheds forming the basis for management policies. To ensure ecosystem sustainability, these policies consider various aspects such as land conditions, water quality, and regional land use. However, the reality on the ground shows that rapid urbanization and a lack of public awareness have led to river pollution and damage to riverbanks. Therefore, more robust conservation efforts are required to achieve environmental justice. This research employs a (...) normative juridical method and focuses on the Cirebon area. The findings reveal that implementing urban river conservation policies in Cirebon includes controlling illegal construction, conducting community outreach on the importance of river protection, and executing environmental rehabilitation programs to raise awareness of the negative impacts of unauthorized development. Despite progress in data collection and action planning, challenges such as community resistance and budget constraints continue to hinder the effectiveness of policy implementation. Collaboration between the Government, communities, and other stakeholders is essential to ensure the success of these conservation efforts. (shrink)

What I have tried to do here is to provide a historical example of the interdependence between nature and culture that is one of the themes of this conference. To sum up: Scientific descriptions of the world emerge out of a complex interaction between nature, economic production, and the legal system. “Science” consists of a struggle among scientists, and between scientists and citizens, over what counts as “reality.” Lawmaking, in turn, consists of a struggle between people who want (...) to allocate access to resources for particular purposes, whether for commercial use, recreational use, or “natural” uses. Production, for its part, is a complicated function of technology, the sociology of user groups, the structure of legal entitlements to access, and the availability of resources. Nature, finally, is at any point, to no small degree, the product of past and present human impacts on it — which impacts, in turn, are determined in no small way by the sociology and the legal structure of the market.Each process takes place in continual conversation with all the others. As John Muir put it, “When we try to pick out anything by itself, we find it hitched to everything else in the universe.”45 Historically, resource managers have gotten into trouble when they have unconsciously assumed that such is not the case — yet such, assumptions are powerful because they are made instinctively, unthinkingly, at the level of people's basic understanding of the world and their place in it. Lots of them persist.On the other hand, in a few experimental cases in the United States and Canada where government and users have shared power and responsibility for resources management, including long-range planning for recovery and enhancement, here have been some notable improvements. The strategy goes under the name of “co-management” and involves negotiated agreements for shared decision-making between central authority and local groups. Typically, both government and industry resist such arrangements because they involve restructuring the power relations between different sectors in the industry; the result is that the few experiments in co-management that we have seen in the United States have come in areas, typically fisheries and wildlife, where the resource is in serious crisis and all of the parties to the agreement have had to abandon the positions they held previously.Examples of successful co-management regimes include those among American tribes in the Pacific Northwest, among commercial salmon fishers in Alaska, and in a project to rehabilitate the clam industry in New Jersey. Government employees and local groups share responsibility for gathering scientific data about the resources, for developing plans to manage them, and for enforcing regulations. Successful experiments at co-management seem to generate better scientific data about their resources than traditional management regimes do; they significantly reduce enforcement costs; and they enhance the economic power of the resource users. Most importantly, they nurture among the user groups a sense of control over their own destinies, and a willingness to share both costs and benefits of managing the resources rationally and to develop lasting, stable mechanisms for conflict resolution. The process is both democratic and ecologically rational. The key is to link the day-to-day work of producers to their long-range interests as residents in their communities and as working parts of the ecological systems in which they live.45At a minimum, it is clear that objective certainty about the state of the resources or the likely effect of whatever regulations we do impose is simply not attainable. This is partly because of the important role that random shocks play in the environment (and should play in our thinking about it), and also because of the sheer complexity of the system in which we are embedded. There will always be something that even the most complete model leaves out; and in any event the total system of ecology, production, and management will change every time something changes in any part of it.The policy lesson to be derived from all of this, finally, is that what we ought to sustain when we approach conservation problems is not the size of a particular resource, or even the prosperity of a particular harvesting group, but the long-term health of the interaction between nature, the economy, and the political system. We can recognize that the balance of the system, our attempted insurance against an uncertain future, democracy among user groups, and our moral duty to avoid extinguishing species — all of these things being difficult to quantify — do play integral roles in the conversation between nature and humankind, and perhaps more significant roles than the more objective measures to which we usually look for guidance. We can recognize, as John Muir did, that because everything in the universe is hitched to everything else, every step we take will change the total system in some way. When we make choices, then, we can keep an eye on what kind of conversation we want to have with the rest of Creation and make our choices accordingly. *** DIRECT SUPPORT *** A8402064 00014 *** DIRECT SUPPORT *** A8402064 00015. (shrink)

This book explores some of the conditions and underlying causes of the multiple environmental crises facing humanity. Rooted in anthropology, but multidisciplinary in scope, it surveys the many socio-cultural and socio-economic errors, foibles, and follies that brought us to these circumstances. Crucially and uniquely, it outlines an array of viable and practical solutions, some of which are radically different from the current status quo and cultural expectations. The first chapter canvasses the emerging, interdisciplinary field of political ecology, then Part I (...) examines details and trends in agriculture. Part II portrays the threats posed by carbon dependent and combustive technologies as well as the hydro and nuclear energy systems now powering the majority of human actions in developed parts of the world and expanding beyond. The third part turns to consider solutions, including green new deals, de-growth policies, localization, agroecology, alternative energy systems, and many more possibilities. The conclusions engage with urgent moral and legal issues and outline social movement strategies-all related to our collective neglect of climate change-and then finally speculate upon possible futures. This book is key reading for researchers and students interested in climate change across the social and physical sciences and humanities. (shrink)

This work studies the issue of political representation from the perspective of a specific legal culture, the exercise of political rights in the context of the occidental democratic system, a concept that has undergone a profound evolution to the present day. The essential aspects for an analysis of this progression are voting, decision making, and the relationship between representatives and their constituents. Overall, the phenomena making up the crisis of representation have been explained as a result of changes (...) that have affected the operation and structure of modern states constituted as representative democracies. The idea is that a well-functioning representative system comes primarily from the form of government and electoral system in which it develops. (shrink)

Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through procedures, rules and precedents. It is dominantly thought that the singularity and formalisation of structures like rules is what enables regulation to achieve its aim of identifying, apprehending, sanctioning and forestalling/pre-empting threats and crime or harm. From this point of view, regulation serves to firmly establish fixed and stable categories of what norms, (...) customs, morals and behaviours are applicable to a particular territory, society or community in a given time. These fixed categories are then transmitted onto individuals by convention, ritual and enforcement through imperatives of law (and technology) that mark certain behaviours as permissible and others as forbidden, off bounds. In this manner, regulation serves a programming (i.e., a calculable or determinable) purpose. It functions as a pro-active management or as a mastery of threats, risks, crimes and harms that affect a society and its security both in the future and in the present. Regulation for instance, will inscribe and codify what it determines to constitute crime or harm such as pornography, incitement of terrorism, extremist speech, racial hatred etc. These determined or calculated/calculable categories will then be enforced and regulated (e.g. through automated filtering) in order to ensure a preservation of public order within society. Drawing mainly from deconstruction, this article situates law and technologies within a wider ecological process of texts, speech and writing i.e., communication. In placing regulation within disseminatory and iterable processes of communication, this article complicates, destabilises and critiques the dominant position of determinability and calculability within the regulatory operations of law. (shrink)

Since time immemorial Indian culture has been upholding a symbiotic relationship between man and environment. It has led to the all round evolution of Indian culture as an integral whole. This assimilation has been possible due to the spiritual vision of Indian seers. Every Culture is based upon certain values. In India values are usually discussed in the context of the principal ends of human life (chatuspurusartha): dharma (moral value), artha (political and economic values), kama (sensual value) (...) and moksha (spiritual value). Indian cultural tradition shaped human behaviour in accordance with these values, which impinged ecological issues as well. Again, Indian classification of value is based on two percepts. These are (1) the essential infinitude and divinity of all souls and (2) the essential oneness and solidarity of universe and all life. Supreme being resides in all; hence no area of life is alien to spiritual influence. It emphasizes the presence of an infinite knowledge, power, purity and bliss behind the body-mind complex of human beings, which is called Atman. Upanisads express this truth as Aham Brahmasmi (I am Brahman) or Ayam Atma Brahma (the individual soul is Brahman) or Tat Twam Asi (thou art that). Acceptance of the presence of God in everything led Indian culture to maintain and protect the natural harmonious relationship between human beings and nature. Moreover, Indians discovered the essential unity of all existence. The universe is holistic. Here at the deeper level of all pervading consciousness everything in the world is interconnected. Oneness of the entire reality is the basic presupposition and the guiding principle of the spiritualistic approach of Indian culture. The paper is an attempt to show that the holistic view of Indian culture is mirrored in the philosophy of ecology. (shrink)

Can we do justice in an unjust world? The obvious reply is that it is only because of injustice that we need to seek justice. But what about the way existing structures of injustice can also condition the results of our interventions? The attempt here to say something useful about this difficult question will focus on the progress achieved so far by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. Is the use of such human rights instruments (...) in the fight against human trafficking a way of moving toward more global justice? Or is it another example of how many struggles against injustice are undone by continuing social, economic and political inequalities which, at best, this sort of approach is unable to tackle, and, at worst, actually help to reinforce? (shrink)

This paper investigates how Food Security (FS) is enacted in a southern region of Italy, characterized by high rates of mafias-related activity, arguing for the inclusion in the research of socio-cultural features and power relationships to explain how Alternative Food Networks (AFNs) can facilitate individual empowerment and community resilience. In fact, while FS entails legality and social justice, AFNs are intended as ‘instrumental value’ to reach the ‘terminal value’ of FS within an urban community in Sicily, as well as the (...) space where citizens can act their individual and collective political food choices. Building on the social psychology literature and on ecologic-psychopolitical models (Christens and Perkins in J Commun Psychol 36(2):214–231, 2008), we discuss the case of Addiopizzo, a citizen project promoting the legality of their AFNs through the rejection of the payment of the pizzo (the protection money asked by racket) in the local food chain. The aim is to problematize the extent to which FS is able to re-localize ‘legal’ food in the market. This was done by reconnecting citizens to their space and territory in a socio-cultural context at risk where agro-food producers, retailers and consumers are not free to fully enact their citizenship agency because of a widespread illegal structure. The research findings show that Addiopizzo project enables citizens to act their social power: agro-food producers and retailers by subscribing to formal requirements based on values that reject racket; consumers by purchasing Addiopizzo labelled products; individuals and groups by participating further open-to-the-public activities that promote everyday politically oriented behaviour. The citizen empowerment and community resilience can be exerted within AFNs as they are interconnected paths of reflexivity and social learning within social adaptation. The paper concludes by advocating the role of urban communities as a pivotal agent to maintain positive social adaptations, where AFNs work as a socio-cultural synthesis of traditional and alternative producer–consumer ways of interaction, which are embodied in the FS value. (shrink)

This article reconstructs the forgotten friendship between Georges Bataille and the Russian émigré poet and philosopher Boris Poplavsky. Comparing their solar metaphysics, I focus on conceptions of friendship, sacrifice and depersonalisation. First, I retrace Bataille’s relationship to early Surrealis and Russian circles in interwar Paris, with a focus on his friendship with Irina Odoevtseva. I then offer a novel reading of Poplavsky’s poetry through the lens of Bataille’s philosophy, analysing a recurring motif that I call ‘dark solarity’. Uncovering a hidden (...) intertextual dialogue between Poplavsky and Bataille, I argue for Poplavsky’s lasting impact on Bataille’s anti-Icarian sun cult. Finally, my paper demonstrates how Poplavsky’s writings on solar sacrifice, excess and friendship left marks on Bataille’s vision of a solar community, embodied in the secret society Acéphale. The dialogue between Poplavsky and Bataille, I finally suggest, is a missing piece in the entangled history of Russian and French philosophy, as well as an original contribution to discourses on friendship in twentieth-century continental thought. (shrink)

This article examines how the authorization of scientific discourses in the US Endangered Species Act of 1973 has influenced the ways people make claims about culturally significant animals. In it, I focus on struggles over the management of two endangered fish species among a federally recognized Native American tribe, state resource managers, and other actors. I discuss how the requirements of the ESA, namely that decisions regarding the protection of endangered species must be made based “solely on the basis of (...) the best scientific…data available,” have pushed people to reframe their cultural claims about the environment as scientific claims in order to gain legal authority. I argue that these animals span the social worlds of indigenous hunters and fishers, regulators, and ecological scientists. As such, they offer the opportunity to interrogate the relationships among ways of knowing the environment. I suggest that strict divisions among “types” of knowledge as well as hard-and-fast bonds between groups and “their” knowledge become problematic. Instead, people assemble eclectic articulations of knowledge to make the most authoritative claim possible in a given context, contradicting the assumption that certain people know the world only, or primarily, in a particular way. (shrink)

This paper deals with the ways in which jurists and law professors applied transnational systems of public law, in particular US constitutionalism and French droit administratif, in their approaches to the state building process in late nineteenth century Argentina. In covering these movements of adaptation of a nascent legal culture to changing ideological and political circumstances, this article attempts to illuminate the strong links between the process of institutionalization of certain academic disciplines or forms of social knowledge, and (...) modern state building in Latin America. (shrink)

The two target articles agree that processes of cultural evolution generate richness and diversity in music, but neither address this question in a focused way. We sketch one way to proceed – and hence suggest how the target articles differ not only in empirical claims, but also in their tacit, prior assumptions about the relationship between cognition and culture.

This essay deals with technologies, techniques, business models and legal structures governing telecommunications infrastructures. Megacities are especially vulnerable to shifting agencies in telecoms provision. This paper addresses the relation of the economics of growth, built-in obsolescence and product life cycles with the complex determinations of telecommunications governance in relation to the physical environment of megacities. It argues that an ‘environmentalism of the poor’ must be integrated into considerations of both ecological critique and analyses of telecommunications infrastructure and business (...) practice. (shrink)

The article considers conceptual ideas of color categorization as a cultural practice. Color categorization is the process of dividing the color continuum into discrete color groups (color categories) and fixing them in the human mind through the cutural sign system. In modern color studies, this process is viewed from the ecocentric perspective. According to ecocentrism, humans and other living being are equal parts of nature, and they should coexist in harmony and peace. In this regard, it becomes important to search (...) for ecological motivation not only in the human body, but also in human activity, especially in cultural practices. Therefore, the purpose of this study was to analyze conceptual ideas of color categorization from the ecocentric perspective. The systematization of the indicated conceptual ideas allowed us to identify three key directions based on ecological motivation: (1) nature-centered, (2) body-oriented and (3) socio-cultural. The mentioned directions are formed on the basis of such concepts as "environment", "corporeality" and "sociality", respectively. Acting as the main factors that determine the content and structure of color categories, environment, human body and culture form the main vector of color categorization. The environment comprises a set of objects with chromatic characteristics. They are the material for color categorization, and their configuration sets examples of color combinations. The physiological and biological features of the human body determine the process of color perception and its cognitive processing resulting into color categories. As the color categories become a part of human activity, their cultural semantics is created in the form of cultural meanings and connotations. (shrink)

This collection reflects the result of interactive academic work initiated by Johann Heinrich Pestalozzi University Inc., Miami, Florida, during the academic year 2018, and also the scholarly work of academics supporting our University. The authors include international academics from the United States of America, Great Britain, Croatia, Bosnia-Herzegovina, Switzerland, Austria, Serbia and Macedonia. Table of Contents: About the Authors; Craig Paterson--Contextualism & the History of Philosophy; Darko Bekic--Triangle Concept of Unification-Demilitarization Neutralisation of Korea: An Outline; Orlando Mardner--Economic Dimensions of Armed (...) Groups & Intra-State Terrorism: Preventions Through Geostrategic Changes in the International Laws of Financial Systems; Stephan U. Breu--The Challenge of Educating Refugee Children to Avoid Creating Tomorrow's Extremists; Hatidza Berisa--Historical Context of Military Interventionism; Parvis Hanson--The Future of Globalization: Help or Hurt the World's Poor; Joseph P. Garske--Common Law & Civilian Legal Cultures: Finding A Language of Law for the Global Age; Craig Paterson--The Societas Civilitas, Hate Speech & State Imposed Restrictions; Elmar Kuhn --Education as the Key for a Global Society in Peace & Freedom; Manish Sharma--Global Ecology & Sustainable Development: A Study in Gandhian Perspective; Paul Borrow-Longain--Law of Heraldic Arms; Craig Paterson--William Tyndale's Publication of The New Testament in the English Vernacular; Milka Ristova & Sanja Angelovska--The Contributions of International Law & NonGovernmental Organizations in Facilitating the Peaceful Reunification of the Korean Peninsula; Stephan U. Breu--Blockchains & Cybercurrencies Challenging Anti-Trust & Competition Law; Zoran R. Vitorovic--Preventive Diplomacy as a Key for the Reduction of Asymetric Conflicts; Stephan U. Breu--International Law Under Attack by Geostrategic Tensions Between Leading Nations. (shrink)

This paper examines the identity of Asian swamp buffalo (Bubalus bubalis) from different value orientations. Buffalo were introduced into Northern (Top End) Australia in the early nineteenth century. A team of transdisciplinary researchers, including an ethicist, has been engaged in field research on feral buffalo in Arnhem Land over the past three years. Using historical documents, literature review, field observations, interviews with key informants, and interaction with the Indigenous land owners, an understanding of the diverse views on the scientific, cultural, (...) and economic significance of buffalo was obtained. While the diverse stakeholders in buffalo exploitation and management have historically delivered divergent value orientations on the nature of the human–buffalo relationship, we argue that over time there is the possibility of values and ethical convergence. Such convergence is possible via transdisciplinary and transcultural agreement on the value stances that constitute the construction of the being or identity of buffalo in the face of the overwhelming need to manage population density and gross numbers. (shrink)

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

This book's aims are to determine the importance of legal philosophy in legal education and in addition to develop alternative methods for teaching law in general and the philosophy of law in particular. In this context, the individual essays in this volume discuss the alternatives and tendencies in the quest for an adequate model of teaching and learning jurisprudence. Common to all of them is a commitment to the necessary integration of theoretical and practical knowledge, of traditional case (...) and lecture methods with non-traditional models such as cinema, drama, and literature, and of the dominant legal perspective with alternative approaches utilizing information technologies such as computers and the internet. Effective teaching and learning must favor critical and strategic thinking, dialectical and dialogical inquiry or research, problem-solving, role-playing, and skill-developing over mere rote memorization of existing rules and standard answers. (shrink)

A timely addition to Henry Giroux's Critical Interventions series, Ecology and Revolution is grounded in the Frankfurt School critical theory of Herbert Marcuse. Its task is to understand the economic architecture of wealth extraction that undergirds today's intensifying inequalities of class, race, and gender, within a revolutionary ecological frame. Relying on newly discovered texts from the Frankfurt Marcuse Archive, this book builds theory and practice for an alternate world system. Ecology and radical political economy, as critical forms of systems (...) analysis, show that an alternative world system is essential - both possible and feasible - despite political forces against it. Our rights to a commonwealth economy, politics, and culture reside in our commonworks as we express ourselves as artisans of the common good. It is in this context, that Charles Reitz develops a GreenCommonWealth Counter-Offensive, a strategy for revolutionary ecological liberation with core features of racial equality, women's equality, liberation of labor, restoration of nature, leisure, abundance, and peace. (shrink)

Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, (...) and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework. (shrink)

Peirce defines the legal expression proximale cause and effect as an “obscure term like most of the terms of Aristotelianism.” He says that students of law and logic should be shocked by thc practicc of justifying the payment of damages in law by reference to a “term in Aristotelian logic or metaphysics.” That such practice does occur underscores and “illustrates the value of PRAGMATISM.” Peirce reminds usthat in English law the term “witness” does not mean a person who testifies (...) to his own experience, “but to facts which he knows by the immediate testimony of others” .Practical law, Peirce suggests, results from persons whose knowledge of the facts of experience are formed in dialogue with others whose experience confirms their own. The dialogue is immediate; the knowledge is mediated through signs. From the viewpoint of Peirce’s pragmatism which he sees as an integral part of his semiotic Methodology or Speculative Rhetoric this paper will assurne that there are distinct types of legal cultures and that each may be regarded as a method of inquiry for the purpose of realizing social values. The relation between Laws and Societies-systems of legalities and legitimacies-will be regarded as culture-specific modes of dialectic. I propose here that Peirce’s Methodology-his method of methods-may account for the way that “patterns of conceptual change retlect the presuppositional structures of conceptual systems” . Within the framework of a semiotics of law I will be looking at various ways the idea of the Legal System has been interpreted. (shrink)

The Notion of ‘civilisation’ in European and post-Enlightenment writings has recently been reassessed. Critics have especially reread the works of Immanuel Kant by highlighting his racial categories. However, this Paper argues that something is missing in this contemporary literature: namely, the role of the European legal culture in the development of a racial and ethnic hierarchy of societies. The clue to this missing element rests in how ‘civilisation’ has been understood. This Paper examines how one of the leading (...) jurists of the 19th and 20th centuries, George W. Hegel (1770-1831), took for granted a sense of a legal culture that excluded indigenous inhabitants of the Americas as legal persons worthy of legal protection. -/- Such an exclusionary legal culture represented a crucial feature of ‘civilisation’ according to Hegel. This Paper identifies a series of factors which Hegel highlighted as instrumental in constituting a civilised society: Bildung, an ethos, a written legal culture, a self-creative author (the state), territorial knowledge, and a hierarchy of societies. Hegel emphasized the need of jurists to analytically “leap” from a traditional society to a legal culture before the jurist could identify a law. The traditional societies of the Americas, according to Hegel, were considered lawless because they lacked a European sense of a legal culture. Why Hegel characterised traditional communities as lacking a legal culture is then explained. The Paper ends by suggesting that the features of a legal culture that Hegel highlights remain with us today. (shrink)

We propose that grounded procedures may help explain psychological variations across cultures. Here we offer a set of novel predictions based on the interplay between the social and physical ecology, chronic sensorimotor experience, and cultural norms.

This paper examines a number of questions about the degree to which the clinical practice of medicine is affected, if at all, by the legal systems in four countries: Chile, Germany, Japan and the United States. The focus on these four countries in four different regions of the world offers a unique perspective within which to examine medical treatment decisions made by patients and their proxies or surrogates, the potential role for universal written instruments such as advance directives, the (...) cross-professional tensions between clinical and legal concerns in very distinct cultures, and the degree to which legal activities can change or affect clinical realities in the context of these different political and health care systems. We have incorporated, whenever relevant, the insights of many disciplines, including the social sciences, in analyzing the existing interrelations between law and behavior in this specific context. Der Beitrag untersucht, inwieweit die klinische Praxis in vier Ländern mit unterschiedlichen Rechtssystemen und Berufskulturen durch Rechtsnormen oder das Verständnis von Recht beeinflußt wird. Es wird gefragt, welche Funktion rechtliche Interventionen bei der Veränderung von Verhaltensnormen in unterschiedlichen Gesundheitssystemen haben können. Folgende Themenbereiche werden diskutiert: Entscheidungen über die medizinische Behandlung, die von Patienten und ihren Angehörigen oder Stellvertretern getroffen werden; die mögliche Rolle umfassender schriftlicher Verfügungen wie z.B. der Patiententestamente ; die berufsübergreifenden Spannungen zwischen medizinischen und rechtlichen Belangen in sehr unterschiedlichen Kulturen; der Einfluß, den gesetzgeberische Aktivitäten im Kontext der verschiedenen politischen und Gesundheitssysteme auf die medizinische Wirklichkeit haben. Bei ihrer Analyse der in diesem Zusammenhang bestehenden Beziehungen im Verhältnis von Recht und Verhalten haben die Autoren die Erkenntnisse vieler Disziplinen unter Einschluß der Sozialwissenschaften, soweit sie als relevant erscheinen, in ihren Beitrag eingearbeitet. (shrink)

The paper provides an economic interpretation of legal culture. Drawing on analogies from other products and services markets, I argue that combinations of legal language, procedures and conceptual structures constitute a network which, mainly through cost considerations, come to occupy a dominant position in particular jurisdictions. The facts that a particular legal culture will be adopted by political rulers and that practising lawyers can both control entry to the profession and ‘capture’ law‐making processes suggest that (...) legal culture networks may be protected against competition. To the extent that they have monopolistic power, lawyers can exploit the key features of legal culture to extract rents: the law used can be more formalistic, more complex and more technical than is optimal. Whether the monopolistic power of a particular legal culture is sustainable depends on the relative strength of potential competitive forces. These can take the form of alternative cultures becoming available for particular branches of the law, thus partially dismantling the network, or through transfrontier transactions opening up the network to competition from foreign systems. (shrink)

There is a substantial shortage of organs available for transplantation in Bangladesh. This has resulted in the commodification of organs. This study analyzes the religious, cultural, and legal barriers to organ donation in Bangladesh. It is based on the examination of available literature and primary sources i.e. religious decrees and opinions of religious leaders of faith traditions, and the Bangladesh Organ Donation Act, 1999. The literature was retrieved from databases, such as PubMed, BioMed, and Google Scholar using the key (...) words: organ donation in Islam, organ donation in Bangladesh, organ donation and religions. The study found that although many Islamic scholars accept organ donation, both living and cadaveric, under some conditions, some Bangladeshi Muslim clerics oppose donation. They argue that organ retrieval violates the sanctity of the human body and retrieval of organs may harm a living donor or lead to death, and organ donation may encourage the commercialization of body parts. Both commercialization and harming oneself are considered sins. Thus, the divergent views of Muslim clerics are a major barrier to organ donation among the Bangladeshi Muslims. Cultural and social factors also have a negative impact. Most people desire to be buried with their bodies intact. Although the Bangladesh government promulgated the Bangladesh Organ Donation Act, 1999, and amended it in 2018, it restricted donors and recipients to members of the extended family, which also reduced the donor pool. This study argues that the Muslim Orthodox clerics’ stand against organ donation and other cultural and legal issues are the major obstacles to organ donation in Bangladesh. (shrink)

The article explores the long lost synthesis between apophatic and cataphatic theological strategies and early legal systematizations which shaped the Christian, Jewish and Islamic legal collections in the twelfth century. It argues that the theological possibilities to achieve Divine knowledge have reached out to all normative forms of human existence including law. It focuses specifically on a Christian context where imagining the law involves complex scales of cataphasis and apophasis and parallels other normative forms such as ritual and (...) ascetic practices. The text only hints that parallel trends appear via very different routes but in a very similar ways in the Jewish and the Islamic legal projects and proposes that a comparative interreligious study of the twelfth century legal collections and their hermeneutic strategies is long overdue and critically important. (shrink)

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of ‘moral certainty’, scientific proof attained a reputation for objectivity. Although most forms of legal evidence continue to be treated as fallible ‘opinions’ rather than objective ‘facts’, forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific (...) status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The ‘administrative objectivity’ of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of ‘truth’ in the criminal justice system. (shrink)

This study examines the multiple dimensions of the agdal system, a traditional Berber form of environmental management that regulates access to communal natural resources so as to allow the regeneration of natural resources. In fact, this ingenious system of agro-pastoral land rotation is ultimately beneficial for the conservation of the bio-physical environment, the performance of the present-day local economy and the maintenance of prevailing social cohesion and cultural coherence. Hence, agdals constitute a key element for the reinforcement of the sustainability (...) of existing agro-pastoral societies and ecosystems, but need to be better understood in order to explore necessary adaptations in the changing world of today. (shrink)

Proposed lie-detection technology based on neuroscience poses significant challenges for the law. The law must respond to the science with an adequate understanding of such evidence, its significance, and its limitations. This paper makes three contributions toward those ends. First, it provides an account of the preliminary neuroscience research underlying this proposed evidence. Second, it discusses the nature and significance of such evidence, how such evidence would fit with legal practices and concepts, and its potential admissibility. Finally, it analyzes (...) the constitutional protections that may limit the compelled production of such evidence. (shrink)

This article investigates the existence of an original Brazilian legal culture. It parts from a critical examination of the key moments in the history of Brazil through the accounts of its most important scholars, such as Caio Prado Júnior, Darcy Ribeiro, Sérgio Buarque de Holanda, Wilson Martins, Oliveira Viana, Roberto Damatta, José Murilo de Carvalho, among others. It identifies in the Brazilian legal culture something one might call tradition of exception, which can be found in many (...) of its most prominent aspects, such as the persistent denial of any general or abstract regulatory standards, the uncritical introduction of foreign doctrines and legal patterns, the maintenance of aristocratic traditions in social life and the historical disregard of the Brazilian people as political subject. The article also offers a reflection on the problems and potentials of the current historic moment, in which for the first time Brazilians face the possibility of a genuine cultural emancipation. (shrink)

Introduction. Innovationism in various areas of society has changed both the natural and social environment. The change speed in the new infor- mation and communication field is the reason for many questions related to studying the problems of society and the machine, finding out the place of artificial intelligence in social relations. These pro- cesses stimulated the philosophical research, the subject of which was man, modern technologies, scenarios for the development of society, socio- cultural and political-legal forms of its (...) organization. Since the 90s of the twentieth century in the West and later in Russia, a transhumanistic concept has been formed, which connects man, society and technology in a special way. Representatives of transhumanism study the technical develop- ments of human immortality and build models of the perfect man, pursuing as a goal, his deliver- ance from suffering and disease. Transhumanistic perspectives actualize the need for a thorough, constructive and critical assessment of the possible advantages and risks of technological development, and its impact on the political and legal structure. In this regard, the ability to see and isolate the features of this process and subsequent reflection is fundamentally important. The purpose of the article is to consider political and legal transformations in the context of the interaction of modern technologies and soci- ety through the prism of transhumanistic perspec- tives, to identify possible directions of philosophical reflection of political and legal modes of modernity. Methods. To achieve the research goal, general scientific methods of cognition were used: analysis and synthesis, induction, deduction, comparison, abstraction. The article also applied institutional- functional and system-structural approaches, the method of interpretation and content analysis. The analysis of public opinion and special labeling of artificial intelligence was carried out with the help of appealing to network content (social networks, blogs, and forums). Communication channels reproduce messages mentioning modern technolo- gies from the point of view of the philistine world- view based on stereotypes broadcast in society and the influence of popular culture. Content analysis revealed the relevance of the spectrum of labeling, relative to artificial intelligence systems, includ- ing the verbs “create”, “destroy”, “help”, “enslave”. Regarding the sphere of labor, law and politics, the positions differ, from outright alarmism to utopian images of social well-being. Scientific novelty of the study. The article analyzes the prospects of considering the phenom- enon of social transformations, the forms of their representation through political and legal views as exemplified by transhumanism. Results. The author attempts to give a comprehen- sive description of social changes in the field of public administration, legal regulation, legal per- sonality and legal responsibility, social equality of participants in legal relations through the specific refraction of these social phenomena in transhu- manistic ideas. The spectrum of the main problems in the sphere of interests of the transhumanistic worldview is listed. Conclusion. Turning to modernization strategies on the example of transhumanism is a natural and necessary need in the political and legal sphere, in particular. In the course of the analysis, a wide range of problems were identified that actualize the social and axiological and anthropological optics of the research. Diverse forms of transhumanistic political trends act as manifestations of socio-legal reflection on the intensification of innovation- ism, which is capable of radically changing human nature. (shrink)

Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not (...) just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond. (shrink)

We have become estranged from the cosmic movements, according to Bataille. We are confined by the error linked to the representation of ‘the stationary earth’. We have negated the immersive immanence of the whole and made nature into a fixed world of tools and things. How then do we recognise ourselves as part of the ‘rapture of the heavens’? Bataille urges us to consider life as a solar phenomenon, the free play of solar energy on the earth. This paper argues (...) how Bataille’s cosmic vision anticipates both planetary and ecological thinking. This entails a base materialism of difference based on a radical Nietzschean and Heraclitean theory of becoming and flux. This thought is developed along Bataillean concepts such as the movement of the whole, the labyrinthine, and compound beings, ipseity, as well as the concept of a communifying movement. This materialism paired with Vladimir Vernadsky’s biosphere lays the foundation for the laws of the general economy, which also constitutes an economy inclusive of a general ecology: a tragic vision of Gaia and Dionysos. Finally, poetry is considered, as a way we might reconnect with the universe and stimulate ecological imagination. (shrink)

Restoring Layered Landscapes explores ecological restoration in complex landscapes, where ecosystems intertwine with important sociopolitical meanings.

The First World War was supposed to end all wars, though soon followed WWII. Since 1945 wars continued to abound; now we confront a real prospect of a third world war. Many armed struggles and wars arise in attempts to end repressive government; still more are fomented by repressive governments, few of which acknowledge their repressive character. It is historically and culturally naive to suppose that peace is normal, and war an aberration; war, preparations for war and threats of war (...) belong to ‘normal’ human life. Our tolerance, acceptance or fostering of such repeated injustices and atrocities indicate pervasive failures to understand fundamentals of justice, and what we owe morally to ourselves and to all others, together with our responsibilities to preserve the biosphere, not merely our own store(s) of reserves. As matters both of justice and prudence we must re-orient ourselves, individually and collectively, to promote justice, peace and ecological responsibilities by identifying and instituting just forms of social cooperation, domestically and internationally. All of these are our problems, whether we recognize them or continue our pervasive negligence. We urgently require cogent understanding of the social dimensions of human judgment, rational assessment, right action, and public reason. This requires understanding (inter alia) how Kant’s explication of rational judgment and justification is fundamentally social, how these features of rational judgment and justification are constitutive of Kant’s account of individual autonomy, and how they are central to Kant’s account of proper public use of reason. Reasoning publically remains precarious, not because – as often alleged – the ‘Enlightenment project’ has failed. It has not failed, it has been thwarted, and in our public responsibilities we have too often failed it. (shrink)

In this special issue of Human Nature we explore the possible adaptive links between teaching and learning during childhood, and we aim to expand the dialogue on the ways in which the social sciences, and in particular current anthropological research, may better inform our shifting understanding of how these processes vary in different social and ecological environments. Despite the cross-disciplinary trend toward incorporating more behavioral and cognitive data outside of postindustrial state societies, much of the published cross-cultural data is (...) presented as stand-alone population-level studies, making it challenging to extrapolate trends or incorporate both ecological and developmental perspectives. Here, contributors explore how human life history, ecological experience, cumulative culture, and ethnolinguistics impact social learning and child development in foraging and transitioning societies around the world. Using historical ethnographic data and qualitative and quantitative data from studies with contemporary populations, authors interrogate the array of factors that likely interact with cognitive development and learning. They provide contributions that explore the unique environmental, social, and cultural conditions that characterize such populations, offering key insights into processes of social learning, adaptive learning responses, and culture change. This series of articles demonstrates that children are taught culturally and environmentally salient skills in myriad ways, ranging from institutionalized instruction to brief, nuanced, and indirect instruction. Our hope is that this collection stimulates more research on the evolutionary and developmental implications associated with teaching and learning among humans. (shrink)

This article discusses multisensorial aesthetic experience of environmental materiality via a craft process. The locally situated study investigates the interrelations of humans and environment through soil. In focus is how craft practitioners use their material sensitivity to reflect the idea of interdependency in the context of the contemporary environmental discourse. This is done through presenting an artistic research project in which craft is used to explore the human imprint in a particular geological environment, the Venice Lagoon. The case study Traces (...) from the Anthropocene: Working with Soil combines environmental research methods of contaminated soil and artistic research in the field of ceramic art. Craft making provides an embodied way to engage with the local environment. The cultural value and environmental disruption of the lagoon area forms a context for reflecting the aesthetic experience to better understand how we are active participants, in continuous flux with our material environment. (shrink)