CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition established by Jeremy Bentham and John Austin, and continued in the twentieth ...

Protracted and bitter resistance by alter- and anti-globalisation movements shows that the globalisation of law transpires as the globalisation of inclusion and exclusion. Humanity is inside and outside global law in all its possible manifestations. But how is this possible? How must legal orders be structured, such that, even if we can now speak of law beyond state borders, no emergent global legal order is possible that does not include without excluding? Is an authoritative politics of boundaries possible that neither (...) postulates the possibility of realising an all-inclusive global legal order nor accepts resignation or political paralysis in the face of the globalisation of inclusion and exclusion? These pressing questions guide this book, opening up a vast field of enquiry that demands integrating sociological, doctrinal and philosophical perspectives and insights. (shrink)

A change in sense of self is an outcome commonly associated with Buddhist meditation. However, the sense of self is construed in multiple ways, and which changes in self-related processing are expected, intended, or possible through meditation is not well understood. In a qualitative study of meditation-related challenges, six discrete changes in sense of self were reported by Buddhist meditators: change in narrative self, loss of sense of ownership, loss of sense of agency, change in sense of embodiment, change in (...) self-other or self-world boundaries, and loss of sense of basic self. Changes in sense of self could be transient or enduring, positive or distressing, enhancing or impairing. These changes were also given varied appraisals, ranging from insights associated with Buddhist doctrines to psychopathologies such as depersonalization. In this study of practitioners reporting meditation-related challenges, more global changes in sense of self were associated with higher levels of impairment. These results have implications for both Buddhist meditation as well as mindfulness-based interventions. (shrink)

Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nomos can do the trick: the space of political (...) community is necessarily bounded because no polity is imaginable that does not raise a claim to an inside as the community’s own space. A world state, were it ever to be founded, would globalize nomos, not suppress it. Whence the political problem: how does a polity deal with its outside? This problem is particularly pressing because Carl Schmitt’s defense of nomos radically challenges Arendt’s position. A reinterpretation of her analyses of the foundation of a political community suggests how the representational structure of a politics of boundaries parries Schmitt’s challenge. (shrink)

Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. It is indicated (...) how the moulding of contested legal concepts, if not restricted, will obscure the ratio of legal rules. This problem is relevant, inter alia, to arguments ex analogia in the law. (shrink)

Enduring Contingency: Remarks on the Precariousness of Liberal Democratic Law Van der Walt, in my reading, suggests that enduring contingency, in the twofold sense of an enduring state of contingency and of contingency as what needs to be endured, justifies the central role of the majority/minority principle in liberal democratic law. Does this endorsement of the principle go far enough in addressing the radical challenge of contingency? What about those cases in which a group refuses to understand itself as a (...) disaffected minority in conflict with a majority, hence as part of a unity, even if only the unity of a legal order? At issue is a group that demands exclusion from a polity rather than demanding its recognition and inclusion as a minority entitled to be treated as equal to, even if different from, the majority. I suggest that, in the end, Van der Walt justification of the majority/minority principle espouses an agonistic defence of political and legal unity. (shrink)

It has been suggested that if the preservation and development of consciousness in the biological evolution is a result of natural selection, it is plausible that consciousness not only has been influenced by neural processes, but has had a survival value itself; and it could only have had this, if it had also been efficacious. This argument for mind-brain interaction is examined, both as the argument has been developed by William James and Karl Popper and as it has been discussed (...) by C.D. Broad. The problem of identifying mental phenomena with certain neural phenomena is also addressed. The main conclusion of the analysis is that an explanation of the evolution of consciousness in Darwinian terms of natural selection does not rule out that consciousness may have evolved as a mere causally inert effect of the evolution of the nervous system, or that mental phenomena are identical with certain neural phenomena. However, the interactionistic theory still seems, more plausible and more fruitful for other reasons brought up in the discussion. (shrink)

In the present paper we study how subsystems of a normative system can be combined, and the role of such combinations for the understanding of hypothetical legal consequences. A combination of two subsystems is often accomplished by a normative correlation or an intermediate concept. To obtain a detailed analysis of such phenomena we use an algebraic framework. Normative systems are represented as algebraic structures over sets of conditions. This representation makes it possible to study normative systems using an extension of (...) the theory of Boolean algebras, called the theory of Boolean quasi‐orderings. (shrink)

Studies in the psychology and phenomenology of religious experience have long acknowledged similarities with various forms of psychopathology. Consequently, it has been important for religious practitioners and mental health professionals to establish criteria by which religious, spiritual, or mystical experiences can be differentiated from psychopathological experiences. Many previous attempts at differential diagnosis have been based on limited textual accounts of mystical experience or on outdated theoretical studies of mysticism. In contrast, this study presents qualitative data from contemporary Buddhist meditation practitioners (...) and teachers to identify salient features that can be used to guide differential diagnosis. The use of certain existing criteria is complicated by Buddhist worldviews that some difficult or distressing experiences may be expected as a part of progress on the contemplative path. This paper argues that it is important to expand the framework for assessment in both scholarly and clinical contexts to include not only criteria for determining normative fit with religious experience or with psychopathology, but also for determining need for intervention, whether religious or clinical. Qualitative data from Buddhist communities shows that there is a wider range of experiences that are evaluated as potentially warranting intervention than has previously been discussed. Decision making around these experiences often takes into account contextual factors when determining appraisals or need for intervention. This is in line with person-centered approaches in mental health care that emphasize the importance of considering the interpersonal and cultural dynamics that inevitably constitute the context in which experiences are evaluated and rendered meaningful. (shrink)

The French and Dutch referenda on the adoption of a European Constitutional Treaty highlight a remarkable ambiguity in the self‐constitution of a polity, which can be viewed as both constitution by and of a collective self. This ambiguity is a fundamental feature of polities in general, and the European Union in particular. Rather than suppressing this ambiguity, democracy—and a fortiori a European democracy worth its name—institutionalises it as the guiding principle of political action. As will transpire, the conceptual and normative (...) problems raised by political self‐constitution are linked to self‐attribution, i.e., the conditions under which a collective ascribes legislation to itself. (shrink)

How is distributive justice possible with respect to immigration if political decisions about entry and membership cannot be grounded in the symmetry of a prior commonality, human or otherwise, that could guarantee reciprocal relations between members and nonmembers? This paper deals with both aspects of this question. Initially, it engages critically with Seyla Benhabib's plea for ‘dialogical universalism,’ showing why the strong discontinuity between political and moral reciprocity precludes understanding distributive justice as the process of mediating between political particularity and (...) moral universality. Subsequently, it suggests that a way out of this conceptual and normative impasse can be found in the fact that boundaries create a double asymmetry. This double asymmetry is constitutive for the ‘dia’ of the political dialogue that separates and joins members and nonmembers. This ‘in between,’ which eludes control by the parties to a dialogue, is the realm of distributive justice. (shrink)

What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and tension—between (...) security, freedom, and justice. (shrink)

The research presented in this work represents reflections in the light of Julia Kristeva's philosophy concerning empirical data drawn from research describing the everyday life of people dependent on ventilators. It also presents a qualitative and narrative methodological approach from a person‐centred perspective. Most research on home ventilator treatment is biomedical. There are a few published studies describing the situation of people living at home on a ventilator but no previous publications have used the thoughts in Kristeva's philosophy applied to (...) this topic from a caring science perspective. The paper also addresses what a life at home on a ventilator may be like and will hopefully add some new aspects to the discussion of philosophical issues in nursing and the very essence of care. Kristeva's philosophy embraces phenomena such as language, abjection, body, and love, allowing her writings to make a fruitful contribution to nursing philosophy in that they strengthen, expand, and deepen a caring perspective. Moreover, her writings about revolt having the power to create hope add an interesting aspect to the work of earlier philosophers and nursing theorists. (shrink)

Meanings of living at home on a ventilator Nine adults were interviewed in order to illuminate the meanings of being dependent on a ventilator and living at home. The data were analysed using a phenomenological‐hermeneutic method inspired by the philosophy of Ricoeur. Five main themes emerged through the analysis: experiencing home as a safe and comfortable space from which to reach out, experiencing the body as being frail, brave and resilient, striving to live in the present, surrendering oneself to and (...) trusting others, and experiencing technology as a burden and a relief to the lived body. Meanings of being home on a ventilator were interpreted as maintaining autonomy and persistence in interaction with the ventilator and other human beings and being able to rise above yourself and your personal boundaries in order to live a good life. These meanings indicate that aesthetic and ethical values impact on the lived body. They are bound up with experiencing a vital force and interdependency, bringing safety and courage into daily life. (shrink)

The survival and development of consciousness in biological evolution call for an explanation. An interactionistic mind-brain theory seems to have the greatest explanatory value in this context. An interpretation of an interactionistic hypothesis, recently proposed by Karl Popper, is discussed both theoretically and based on recent experimental data. In the interpretation, the distinction between the conscious mind and the brain is seen as a division into what is subjective and what is objective, and not as an ontological distinction between something (...) immaterial and something material. The interactionistic hypothesis is based on similarities between minds and physical forces. The conscious mind is understood to interact with randomly spontaneous spatio-temporal patterns of action potentials through an electromagnetic field. Consequences and suggestions for future studies are discussed. (shrink)

The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...) to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)

This article examines three aspects of the problem of understanding Benjamin Libet’s idea of conscious will causally interacting with certain neural activities involved in generating overt bodily movements. The first is to grasp the notion of cause involved, and we suggest a definition. The second is to form an idea of by what neural structure(s) and mechanism(s) a conscious will may control the motor activation. We discuss the possibility that the acts of control have to do with levels of supplementary (...) motor area activity and with the activation of populations of excitatory and inhibitory interneurons. The third aspect is to conceive of the main features of Libet’s proposed conscious mental field (CMF). We consider both an ontological and an epistemological interpretation of the CMF being nonphysical. In an attempt to refute the idea that Libet’s dualist mind–brain interactionism would violate the law of conservation of energy, we suggest that a CMF may alter the probability of the ion-channel gating by influencing structures of a size to which quantum mechanics needs to be applied. We argue that given the suggested definition of cause, and given the epistemological interpretation of the CMF being nonphysical, nothing would necessarily rule out that an element of a CMF, conscious will, may causally interact with neural activities in the brain. This defense of the idea of conscious will being causally efficacious has a bearing not only on the understanding of the mind–brain relation but also on the free will debate. (shrink)

The World Health Organization has issued international instructions for certification and classification (coding) of the coronavirus disease (COVID-19) as cause of death. Central to these instructions is the selection of the underlying cause of death for a public health preventive purpose. This article focuses on two rules for this selection: (1) that a death due to COVID-19 should be counted independently of pre-existing conditions that are suspected of triggering a severe course of COVID-19 and (2) that COVID-19 should not be (...) considered as due to anything else. The article argues that observance of the first rule may not always lead to an optimal selection from a preventive point of view and that in the future the ascertainment of an animal source of the coronavirus (SARS-CoV-2) would make it possible to reconceptualize ‘COVID-19‘ and create a zoonotic classification code by means of which a factor of a greater preventive value could be selected than what is currently possible. (shrink)

Polities appeal to the principle of distributive justice when justifying the right to inclusion and exclusion they claim for themselves with respect to immigrants: to each their own place. This paper attempts, in a first stage, to explain the nature of the link between distributive justice and an alleged right to inclusion and exclusion, as manifested in the political use of indexicals such as ‘we’, ‘here’, and ‘now’. Drawing on an analysis of the European Union, it subsequently shows why the (...) use of political indexicals, when officials exercise the EU’s putative jus includendi et excludendi, is only possible by invoking the utterance of a first ‘we-here-now’ that has no referent. The relation between distributive justice and an alleged right to inclusion and exclusion*a polity as a nomos, as I will call it*is rendered both possible and continuously undermined by an anomos*the invocation of a polity and a world that are not and cannot be in empirical space and time. Keywords: borders; political reflexivity; European Union; inclusion/exclusion (Publication online: 7 November 2008) Citation: Ethics & Global Politics. Vol. 1, No. 4, 2008, pp. 193-212. DOI: 10.3402/egp.v1i4.1893. (shrink)

In this article a brief overview is given of the field of medical ethics in Sweden in recent years. The presentation concentrates on the occurrence of official ethical norms for physicians, current ethical committees, the educational situation, legislation in force, and some essential features of the ethical debate on a few central issues.

The act of `setting the law' enjoys a central position in Kelsen's theory of authority. His analysis of this act criticizes, amongst others, the assumption of natural-law doctrines that norms are objective when they duplicate a content given directly to cognition and independently of the act whereby the norm is enacted. Correctly, Kelsen attacks the concept of representation underlying this assumption as an example of metaphysical dualism and a copy theory of knowledge. Does, then, an alternative understanding of authority require (...) scrapping representation from a theory of positive law? Or does it require interpreting representation differently? Following the second path, this paper reconstructs the act of setting the law in terms of the critical concept of representation developed by Ernst Cassirer and suggests how, thus reconstructed, the structure of this act can account for the law's authority and its contingency. (shrink)

This chapter contains sections titled: Introduction Political Reflexivity and the Boundaries of Legal Order Legal Unity and Political Plurality Question and Response Human Rights and the Dialectic of Cosmopolitanism Bidding Farewell to Communitarianism and Cosmopolitanism Acknowledgments References.

This paper argues that no legal order is possible unless it is bounded in space, time, membership and content, ie that boundaries are an intrinsic feature of the concept of law. In particular, while the organisation of the inside/outside distinction in terms of domestic and foreign state orders is certainly contingent, not so the distinction between inside/outside in terms of the contrast between a space deemed to be a collective's own space and strange places, which is constitutive for any possible (...) legal order. The constitutive role of boundaries for legal order becomes apparent in the face of a-legal behaviour, ie behaviour that contests the distinction between legality and illegality as drawn in the spatial, temporal, subjective and material boundaries of the legal. (shrink)

Citation data have become an increasingly significant source of information for historians, sociologists, and other researchers studying the evolution of science. In the past few decades elaborate methodologies have been developed for the use of citation data in the study of the modern history of science. This article focuses on how citation indexes make it possible to trace the background and development of discoveries as well as to assess the credit that publishing scientists assign to particular discoverers. Kuhn's notion of (...) discovery is discussed. The priority dispute over the discovery of the AIDS virus is used as an example. (shrink)

The current debate about the borders of the European Union, hence about its spatial unity, is also a debate about its historical unity. How, then, are we to understand the possible interconnection between space and time with respect to the Community’s legal order and, more generally, with respect to an order of positive law? Initially, this paper explains why received legal theory is incapable of understanding the European Community as a legal time- space.Subsequently, an analysis of Van Gend & Loos, (...) a famous ruling of the Court of Justice of the European Communities, reveals that law-setting temporalises and spatialises, in the strong sense that to posit a legal norm is also always to posit a legal order as a temporal and spatial unity. As becomes clear in the course of the inquiry, the ambiguity governing the genesis of a legal order manifests itself in what Bernhard Waldenfels calls the chiasm of strangeness and familiarity: the institution of the European Community as a Heimwelt also makes of Europe a Fremdwelt, thereby precluding that Europe can altogether be the Community’s “own” place. (shrink)

Este artículo reseña: Ferdinando MENGA, Etica intergenerazionale, Morcelliana, Brescia, 2021, 288 pp.

The paper intends to show, that W. N. Hohfeld's theory of fundamental jural relations is relevant to economic theory, and that Hohfeld's system can be reconstructed by the concepts of 'liberty space' and 'ability space', understood as an agent's Spielraum for action. The first half of the paper is devoted to an exposition of Hohfeld's system and to the question of its relation to the economic analysis of property rights. The second half concerns Spielraum theory and the reformulation of Hohfeldian (...) distinctions in terms of liberty spaces and ability spaces. It is argued that the reformulation is useful, inter alia, for describing exchange of property rights by contract. El artículo intenta mostrar: que la teoría de las relaciones jurídicas fundamentales de W. N. Hohfeld es relevante para la teoría económica y que el sistema de Hohfeld puede ser reconstruido mediante los conceptos de "espacio de libertad" y "espacio de capacidad", entendidos como el Spielraum para la acción del agente. La primera mitad del artículo está dedicada a la exposición del sistema de Hohfeld y al problema de su relación con el análisis económico de los derechos reales. La segunda mitad se refiere a la teoría del Spielraum y a la reformulación de las distinciones hohfeldianas en términos de espacio de libertad y espacio de capacidad. Se argumenta que esta reformulación es útil, inter alia, para describir el cambio de los derechos reales mediante contratos. (shrink)

The epistemological soundness of controlled clinical trials is questioned. It is argued that the real effect of therapies cannot be determined by such experiments because there is a significant interaction between the placebo effect and real effect created by the individual therapist and treatment situation which, however, is neglected in controlled clinical trials. This critical standpoint is supported by several pharmacological examples.