This chapter sets out to briefly introduce the theory of the legal form as originally conceived by Evgeny Pashukanis, a famous early Soviet legal scholar. Firstly, it will provide an account of Pashukanis's life, tragically cut short during the Great Terror. Secondly, it will move onto summarising his theory of the legal form through three theses: (i) Commodity Form Thesis, (ii) Bourgeois Law Thesis, and (iii) Withering Away Thesis. Thirdly, it will compare these theses to the positions (...) on law and state advanced by his various interlocutors, past and contemporary, namely Karl Marx and Friedrich Engels, Vladimir Lenin, Petr Stuchka, and Andrey Vyshinsky. Fourthly, it will analyse the similarities and differences identified in the previous section, drawing conclusions as to the cause of Pashukanis's downfall. It will be eventually pointed out that Pashukanis's theory was fundamentally unsuitable to the project of Soviet state-building, which explains why viewing law and state from Pashukanist lens was contested and eventually abandoned. (shrink)

This article examines the different approaches to the relation between law, state and economy in the works of Hans Kelsen, Carl Schmitt and Evgeny Pashukanis. It begins with Kelsen’s depiction of law as a dynamic and ‘self-regulating’ system of norms, founded on his rejection of ‘dualist’ separations of state and law, before turning to Schmitt and Pashukanis’s respective critiques. For all their differences, both agree Kelsen ignores the historical basis of the law – for Schmitt, the sovereign (...) power of ‘the political’, for Pashukanis, the social relations of commodity exchange. The article responds to these criticisms in a most un-Kelsenian manner, drawing upon historical sociological literature on early modern state formation to cast doubt on both Schmitt and Pashukanis’s historical accounts. It argues that the forms of political power and commodity exchange upon which Schmitt and Pashukanis’s theories rely were historically specific possibilities opened up by the same process of generalisation and depersonalisation of power relations that allowed for an autonomous ‘public’ system of legal norms. Thus, rather than the fixed causal ground for the development of modern law, ‘the political’ and exchange between equals exist in a relation of ‘difference-in-unity’ with the law. The article concludes that Kelsen’s notion of the Grundnorm is best explained as an attempt to capture the new possibilities and responsibilities opened up a normative system whose ultimate justification now lies only within itself. (shrink)

A century after the publication of Evgeny Pashukanis's pivotal book General Theory of Law and Marxism, this collection presents a comprehensive account and analysis of his key concept of legal form. Evgeny Pashukanis's General Theory, born amidst the fervour of the first socialist revolution, remains still a crucial reference point in Marxist theories of the law and critical legal theory. Its theoretical depth paved the way for new understandings of the relationship between Marxism and the law. (...) Its crucial virtue continues to be, even after a century, the ability to articulate epochal concerns in the context of a socialist revolution that turned hitherto theoretical problems into dilemmas of practice. This book returns to Pashukanis's main concept: 'legal form'. Through this jurisprudential category Pashukanis aimed to grasp the dependence of the law on the economy, and at the same time, to enquire into the degree to which the law preserves its autonomy from economic relations. In other words, the legal form as a concept conveys both the law's dependence on the economic sphere of exchange and its greatest inherent specificity: the way it translates economic relations into its proper language and set of legal/ideological constructs. The contributions to this volume provide a range of perspectives on how the concept of legal form has been developed and reinterpreted. Including the first English translation of Pashukanis's essay, 'Hegel, State and Law', this collection will be of considerable interest to scholars and students of legal and political theory. (shrink)

Este trabajo se involucra en los debates teóricos en torno al derecho en los primeros años de la Revolución Rusa, y presenta un análisis crítico de Teoría general del derecho y marxismo, la famosa obra de Evgeny Pashukanis, uno de los máximos exponentes jurídicos de ese proceso histórico. A partir del análisis teórico, desarrollado con sistematicidad en el marco de un seminario sobre la temática, el trabajo intenta rescatar los aportes y principales contribuciones de la obra de (...) class='Hi'>Pashukanis, especialmente en lo relativo al paralelismo entre sujeto y mercancía, y realizar una crítica a su concepción sobre la relación entre derecho y economía, buscando recuperar el vínculo del movimiento del capital con las formas jurídicas desarrollado en El capital de Marx. Contiene también una breve reseña sobre el significado de la Revolución Rusa como proceso histórico y la figura de Pashukanis en el marco de grandes debates sobre la función del derecho en un Estado proletario, y la vinculación entre sus desarrollos y los de Marx y Engels. Se espera dar cuenta del valioso esfuerzo del jurista ruso para construir una teoría del derecho sobre la base del materialismo histórico, al mismo tiempo que la necesidad de una lectura crítica de su obra. (shrink)

On the basis of a reconstruction of legal theory in the tradition of Marx - a current that has been more or less silenced since the end of the 1970s - Subjectivation and Cohesion develops a critical counter-pole to the theories of law that predominate in social theory today. To this end, the works of Franz Neumann, Otto Kirchheimer, Evgeny Pashukanis, Oskar Negt, Isaac D. Balbus, the so-called 'State-derivation School', Antonio Gramsci, Nicos Poulantzas and Michel Foucault are first (...) analysed for their strengths and weaknesses, and then combined to form a new construction: a materialist legal theory that is up to date and can avoid the shortcomings of existing theories - above all their disregard for gender relations and the reductive consequences of functionalist, economic or politicist approaches to law. (shrink)

ABSTRACT The current article is inserted in the domain of legal theory, having as objective to discuss the concept and the centrality of authority in contemporaneous debate around legal positivism, just as offer an alternative position, sustained by Pashukanis and based on legal subject (a nearly forgotten category, overshadowed by the horizon of legal norm and its authority). The study proceeds with a comparative analysis of the notion of authority in legal positivism’s classical authors (Austin, Kelsen e Hart), pointing (...) out how this perspective is still hegemonic in contemporaneous legal thinking, even in the contemporaneous versions of legal positivism. The next step is the contrast of authority-based conception with Evgeni Pashukanis’ conception, whose core is legal subjectivity. By comparing the main theoretical propositions with the Pashukanian perspective of legal form, it is noted that authority is a void concept, unable to define the historical specificity of law. Understood as state repressive power, as socially recognized power or as (self proclaimed) legitimate reason to act, authority can not provide legal phenomenon’s conceptual boundaries. (shrink)

"E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927. Pashukanis's ""commodity-exchange"" theory (...) of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres." --Descripción del editor. (shrink)

Following the 100th anniversary of Pashukanis' General Theory of Law and Marxism (1924), this volume aims to breathe new life into the main category of Pashukanian legacy, the concept of legal form. This book offers new, deeper and more general, ways in which the concept of legal form can be used to push forward Marxist - post-Marxist or hauntingly Marxist - legal theory. Accordingly, this book does not pledge allegiance to reconstructing and reconsidering the official interpretative legacy of the (...) legal form. Instead, it mobilises the revolutionary conceptual potentialities that this term contains. When investigated thoroughly, and in many dimensions, the legal form becomes a privileged vantage point not only into the greatest law-related riddles of Marxism (such as the relation between economy and the state or withering away of statal apparatuses), but the whole of modernity as the epoch determined by - if not overlapping with - capitalism. This book aims to think with the legal form rather than explain this concept. In so doing, it offers a panoply of theoretical perspectives that address legal subjectivity, abstraction, autonomy of the law and, last but not least, withering away of the law. This contemporary interrogation of the relevance of the concept of legal form will be of considerable interest to scholars and students of legal and political theory. (shrink)

A peculiarity of early medieval geometrical texts was that alongside Euclid's Elements they transmitted remnants of the corpus of Roman land surveyors and metaphysical digressions extraneous to geometry proper. Rather than dismissing these additions as irrelevant, this essay attempts to elucidate the cultural grounds for the indiscriminate mixture of the three disciplines -- geometry, surveying, and metaphysics. Inquiry into the broader context of early medieval culture suggests that neither geometry nor surveying was treated as an independent discipline. Texts on geometry (...) and surveying were studied mainly because they were thought to provide good opportunities for enlarging the scope of meditation on spiritual subjects. Accordingly, the main concern of this essay is to show how Christian symbolism influenced both the composition and the study of geometrical texts. The essay is based on a wide range of sources: treatises on geometry and surveying, pictorial representations of Creation, and philosophical literature in which geometry was used in arguments about ontological doctrines. (shrink)

Hilbert-style axiomatic systems are presented for versions of the modal logics K, where {D, 4, 5}, with noncontingency as the sole modal primitive. The classes of frames characterized by the axioms of these systems are shown to be first-order definable, though not equal to the classes of serial, transitive, or euclidean frames. The canonical frame of the noncontingency logic of any logic containing the seriality axiom is proved to be nonserial. It is also shown that any class of frames definable (...) in the noncontingency language contains the class of functional frames, and dually, there exists a greatest consistent normal noncontingency logic. (shrink)

In this paper, we examine the epistemological and ontological assumptions algorithmic hiring assessments make about job seekers’ attributes (e.g., competencies, skills, abilities) and the ethical implications of these assumptions. Given that both traditional psychometric hiring assessments and algorithmic assessments share a common set of underlying assumptions from the psychometric paradigm, we turn to literature that has examined the merits and limitations of these assumptions, gathering insights across multiple disciplines and several decades. Our exploration leads us to conclude that algorithmic hiring (...) assessments are incompatible with attributes whose meanings are context-dependent and socially constructed. Such attributes call instead for assessment paradigms that offer space for negotiation of meanings between the job seeker and the employer. We argue that in addition to questioning the validity of algorithmic hiring assessments, this raises an often overlooked ethical impact on job seekers’ autonomy over self-representation: their ability to directly represent their identity, lived experiences, and aspirations. Infringement on this autonomy constitutes an infringement on job seekers’ dignity. We suggest beginning to address these issues through epistemological and ethical reflection regarding the choice of assessment paradigm, the means to implement it, and the ethical impacts of these choices. This entails a transdisciplinary effort that would involve job seekers, hiring managers, recruiters, and other professionals and researchers. Combined with a socio-technical design perspective, this may help generate new ideas regarding appropriate roles for human-to-human and human–technology interactions in the hiring process. (shrink)

We give a new proof of the following result : it is undecidable whether a given calculus, that is a finite set of propositional formulas together with the rules of modus ponens and substitution, axiomatizes the classical logic. Moreover, we prove the same for every superintuitionistic calculus. As a corollary, it is undecidable whether a given calculus is consistent, whether it is superintuitionistic, whether two given calculi have the same theorems, whether a given formula is derivable in a given calculus. (...) The proof is by reduction from the undecidable halting problem for the so-called tag systems introduced by Post. We also give a historical survey of related results. (shrink)

We describe approximation algorithms for MAX SAT with performance ratios arbitrarily close to 1, in particular, when performance ratios exceed the limits of polynomial-time approximation. Namely, given a polynomial-time α-approximation algorithm , we construct an -approximation algorithm . The algorithm runs in time of the order ck, where k is the number of clauses in the input formula and c is a constant depending on α. Thus we estimate the cost of improving a performance ratio. Similar constructions for MAX 2SAT (...) and MAX 3SAT are also described. Taking known algorithms as , we obtain particular upper bounds on the running time of. (shrink)

The article critically examines the ideas of the Dutch philosopher and ethnologist Annemarie Mol. Her main work, “The Body Multiple: Ontology in Medical Practice”, is mainly subjected to analysis. According to the author of the article, A. Mol managed to offer his own version of the “ontological turn” and, perhaps, change the accents in the entire theoretical repertoire of actor-network theory (ANT). She, carrying out a “police investigation” in hospital Z, was able to show the multiplicity of ontologies of the (...) body and its disease / illness. What is called the illness is represented by a large number of actors – people, their relationships, tools, diagnostic methods, etc. – which together can be represented as an assembly or assemblage. The “choreography of the ontology” of such an assembly is contingent, since it may be different. (shrink)

The purpose of the study is to identify the influence of the temporality of Enlightenment on the genesis and evolution of classical ideologies of Modernity. The scientific novelty it consists in the fact that the classical ideologies of modernity are presented as competing strategies for the appropriation of time by collective subjects of historical dynamics. In conservatism, the object of appropriation is an idealized past, in liberalism – an intense present, in Marxism – a bright future. As a result, it (...) can be concluded that it was the presence of a trimodal ideology, which included conservatism, liberalism and Marxism, that created the prerequisites for the simultaneous existence and dynamic development of multiple Modernities implemented within the framework of a common cultural and civilizational project. (shrink)

The article provides an analysis of the Western tradition related to the problem of conflict in the urban context. It analyzes problems of urban justice based on the topization associated with Plato's political philosophy. The article substantiates the naturalness of the state of war and conflict in the urban environment. The city is shown as a primary political field, a primordial political locus, within which civil conflict is embedded. According to Plato, conflict permeates not only poleis, but also individuals, households (...) and villages. The cure for this all-encompassing war is the correct organization of the conflicting parts based on justice, since it represents a state of realized universal good based on the ideal of integrity. As N. Loraux's historical and anthropological research has shown, the oath and the establishment of a citywide fest serve as auxiliary cultural mechanisms for overcoming urban conflict. The intermediate link of the chain of ideas is the political philosophy of Thomas Hobbes, in which the political is taken out of the city, but the city continues to be potentially conflictual. Henry Lefebvre is shown as an unobvious heir of Plato in urban theory. The concept of the right to the city, which is still relevant today, turns out to be closely related to political aesthetics. Residents of the city are opposed to the mobile elite, who do not actually inhabit the city, but have full rights to it. The city is understood as an oevre, while genuine urban life can be created only by the practical collective effort of citizens and is expressed in the form of a Fest, an absolute event that excludes the coercion of capitalist logic. Contemporary academic discussions are characterized by tension between discursive (S. Feinstein) and practical (D. Harvey) understandings of justice in the city. (shrink)

The article analyzes the project of scientific justification of language Reforms, realized by the Soviet regime in 20s and 30s, elaborated by Russian and Soviet linguist Evgenij Polivanov (1891-1938). Polivanov claims that a Soviet linguist should not limit his interests to the “general linguistics" and become an active “language builder" and “language politician". The reforms should be carefully planned by the experts in language sciences who master as well the methodology of dialectical materialism. In the polemics against Nikolai Marr's Japhetidology (...) Polivanov argued that linguistics is a strict science and its deductions are not contradictory to Marxism, as the latter is primarily a materialist philosophy. His minimal program consisted in explaining his views on the evolution of language in the Marxist terms. The evolution of language is explained by the influence of internal and external factors. The socio-economical factors are not influencing the language in a direct manner, but their analysis allows to change the channel of language evolution. According to Polivanov, the introduction of Marxism into linguistics will make possible to explain the relationship between intralinguistic and extralinguistic factors and will transform the sciences of language into “social engineering of the future". (shrink)

The sentence cited in the title - in what follows, I refer to it as (S) - occurs in a story Russell tells us in On Denoting. It represents the class of sentences containing a comparative predicate applied twice to a single object in the scope of an epistemic verb. The problem with sentences of this type is that the received tools of logical analysis do not allow both to accurately reflect their surface structure and to take into account some (...) intuitions about our use of them in standard cases. For instance, as Kripke has shown, Russell's own analysis conflicts with our intuition since it renders (S) as an ascription of a de re belief about the size of the yacht. I argue that an analogous flaw have alternative analyses involving the notion of size, viz. ones offered by Kaplan and Salmon. In 2013, I proposed an objectual analysis of (S) which makes no use of the notion of size. That analysis has certain counter-intuitive implications, too. Recently, Gorbatov proposed a version of the objectual analysis based on interpretation of the adjective larger in (S) as a cross-world predicate in terms of Wehmeier's cross-world subjunctive modal logic (CSML). I argue that Gorbatov's analysis is counterintuitive, too, for it ascribes to the utterer a quite uncommon belief involving a particular possible world. Nevertheless, I find the idea behind his proposal - the interpretation of larger in (S) as a cross-world predicate - fruitful, and offer an alternative version of analysis of (S) in terms of CSML. The analysis I propose renders (S) as an ascription of an objectual attitude rather than a propositional one. I sketch the semantics of objectual attitude ascription involving a cross-world comparative predicate and argue that the analysis I propose is free from disadvantages of the analyses mentioned above. (shrink)

In this note we study several topics related to the schema of local reflection \\) and its partial and relativized variants. Firstly, we introduce the principle of uniform reflection with \-definable parameters, establish its relationship with relativized local reflection principles and corresponding versions of induction with definable parameters. Using this schema we give a new model-theoretic proof of the \-conservativity of uniform \-reflection over relativized local \-reflection. We also study the proof-theoretic strength of Feferman’s theorem, i.e., the assertion of 1-provability (...) in S of the local reflection schema \\), and its generalized versions. We relate this assertion to the uniform \-reflection schema and, in particular, obtain an alternative axiomatization of \. (shrink)

This paper is an attempt to construct a bridge between dialectics and mathematics, to interpret main dialectical laws in terms of the theory of dynamical systems. Negation is interpreted as a discrete shift along the dynamical system trajectory. For conservative systems, double negation law is trivial as in formal logic; for non-conservative systems, this law means slow evolution of the system under consideration. There are also mathematical interpretations for the transition from quantity to quality and interconnection between opposites.

The article evaluates the search for the foundations of the aesthetic. In comparison with some positions of analytical and receptive aesthetics, the features of the phenomenological aesthetics of two outstanding students of Husserl—Wilhelm Schapp (1884–1965) and Kurt Stavenhagen (1884–1951) are revealed. The orientation and necessity of searching for aesthetic grounds for these thinkers lies in the possibilities of deviation from the well-known principle of transcendence in the aestheticization of the world of things and the surrounding reality as a whole. For (...) Schapp and Stavenhagen, manifestations of the phenomenological manifestation of the world of things through the experience of being are important—aesthetic. In classical aesthetics, the aesthetic is a certain level of reflection in the sensory-emotional perception of objects from the world of things. As established in the article, Schapp and Stavenhagen propose to identify the aesthetic as the experiential. At the same time, their joint position and beliefs of representatives of receptive aesthetics differ in terms of differentiating aesthetic as an experienced and aesthetic experience as such. The article presents some arguments regarding this orientation in the conceptualization of the aesthetic. The category of aesthetic, interpreted by philosophers as experimental, is revealed through the prism of the correlation of the key concepts of phenomenology—the subjective and the subjective. In this case, the aesthetic is thought of as subjective-subjective, expressed in human individual experience. It was found that Schapp and Stavenhagen, overcoming the inertia of phenomenology and philosophy of history in their theory, evaluated the historicization of the world of things in the aesthetic aspect. Thus, they search for the foundations of the aesthetic in three directions: (1) in the exposition of the subjective/subjective; (2) in the ratio of experience and “quasi-experience”; (3) in defining the boundaries of the experienced existential and experienced social. These directions have opened up the possibility of identifying the aesthetic not as a response to the attributive world of things and not as a given of its aestheticization, but rather as a condition for experiencing being as a result of individual experience. It is concluded that the search for aesthetic grounds for Schapp and Stavenhagen marked a new frontier in phenomenological aesthetics. (shrink)

The depiction of pictures as specified points in a functional space is achieved by vector encoding. Picture-selective neurons are added to the declarative memory in the process of learning. New neurons are recruited from stem cells through their proliferation and differentiation. Electrical stimulation of the temporo-parietal cortex produces subjective scenes of the past similar to imagery.

In their article, A.M. Dorozhkin and S.V. Shibarshina focus on the concepts of problem, task, and features of a creative personality as a single isolated agent. To a certain extent, such view is “opposed” by the socio-epistemic approach, since today it is extremely difficult to consider a person outside the socio-cultural context. In my paper, I discuss the distinctive features of the concepts of tasks and problems in connection with the fields of science and education. As an example of a (...) kind of creative adaptation practice, to which modern scientists are forced to resort (taking into account difficult socio-economic realities), I consider “tayloring” – a type of activity of “creative” written justification of the importance and usefulness of basic research (J. Calvert). The collective and institutional aspects of modern science, which play a role in the possible limitation of the process of generating new (creative) ideas in science, are discussed (P. Stanford). I agree with A.M. Dorozhkin and S.V. Shibarshina, that the method of epistemological randomization is most specific for the field of philosophy. Following C. Rovelli, it is emphasized that philosophy can serve as an important “creative resource” for scientific activity. (shrink)

The aim of the present paper is to show that the fundamental transformation of Russian society that had been realized by the Soviet government since the early twenties included not only the reforms of scientific institutions or the creation of a new educational system but also a radical reevaluation of the social role of the expert knowledge. It proposes a transversal analysis of the institutional history of the Soviet science and its complex relations with the state apparatus in order to (...) show that the research policy of the twenties should be considered not only as an attempt to stimulate a “catch up growth,” but rather as an anticipation of some essential problems discussed in the contemporary social epistemology. The early Soviet government had a very particular vision of “social engineering” that was both utopian and extremely pragmatic. The Soviet Union was considered as the first truly “scientific state,” based on the idea that the historical development could be accelerated due to a party lead popular mobilization. The result of this conviction was the policy of “state-sponsored evolutionism” that created a high demand for the experts in all fields of knowledge. First, it focuses on the dualism of scientific institutions in the twenties when the “old” Academy of Sciences composed of the scientists formed under the Old Regime was disputing the role of the leading research institution with the newly created Communist Academy. This period could be described as the era of “New Scientific Policy” or some kind of “primitive accumulation” of the expert knowledge. Later it explores another dualism that existed since the creation of the Soviet Union: it consisted of the opposition between two rival projects of state building. The first one was promoted by State Planning Committee and made an emphasis on the administrative division based on economical basis, the second one was a project of People’s Commissariat of Nationalities, that proposed a creation of multiple soviet “national states” based on the principle of self-determination. Both projects required a large amount of data in various fields of knowledge and promoted a creation of new research institutions and favored the pioneering study in both central economy planning and social engineering. The aim of this article is to place the soviet experience in the comparative perspective, claiming that the communist modernization should be analyzed in the context of elaboration, in Foucault’s terms, of new “governmental technologies” which are supposed to be the products of new research institutions directly or indirectly influenced by a modern state. (shrink)

The characteristic features of Siberia - its vast, sparsely settled expanses, its small population and harsh climate - apply particularly to the region inhabited by the Nganasan people, the most northerly of Eurasia. Their language belongs to the Samoyed branch of the Uralian linguistic group. They live in isolation and in precarious living conditions on the Taimyr archipelago, dispersed over an immense territory (200,000 square kilometers) that they have settled extremely sparsely (the entire population seems to have hardly ever exceeded (...) one thousand). This circumstance, which explains their relative social and economic stagnation, has also marked Nganasan culture, favoring the retention of specifically Siberian elements, notably the role of shamanism. (shrink)

Diagnostics is becoming one of the most important kinds of epistemic practice: accurate and timely diagnosis is necessary not only for ill people, but for economic, social and political systems and institutions, culture, science, technology, and ecosystems. The analysis of researches into diversity of diagnostics used in various branches enabled the author to develop the outline of the philosophical theory of diagnostics, to identify its subject matter and problems, to name the categories and principles of the epistemological and methodological analysis (...) of diagnostics activities, and to characterize its essential components. Diagnostics is defined as the process of developing cognitive perception of the object being investigated (sought for) and identifying it with existing knowledge of the object (orobjects of the same type). Diagnostics has the following constituents: a) determining something known and constant in the unknown and inconstant; b) identifying the single and occurent with the “ready-made” classification schemes and explanatory patterns, i.e. identifying it with the common and consistent; associating new facts with the known, common and consistent by applying well-tried methods, algorithms and technologies. The author identifies two levels of diagnostics: factual (empirical) and discursive. Discourse is defined as a finite course of reasoning based on a common concept. Reasoning is defined as the search for an answer to a cognitively significant question through drawing a conclusion (making a deduction). The author also analyses the role of argumentative, interpretative (explanatory), qualifying and predictive reasoning in the diagnostic thinking. The specific character of the diagnostic search is determined by an all-important role played in its process by a priori normative (paradigmatic) knowledge, as well as by its orientation to the cognition of the single and individual. The article alsotouches upon the issue of relationship between diagnostics and research investigation. This enables the author to specify the nature of scientific work and identify the correlation of existing knowledge and innovations. (shrink)

The article analyzes the conception of a trading zone as a space of action and belief coordination. P. Galison proposed the conception based on anthropological and linguistic analogies. The article reviews the anthropological analogies aimed at building up the conception and the legitimacy of their use. The conclusion is that the analogies used are not accurate enough. If the tribes interacting in trading zones have a common history, material culture, and practices, they can hardly have significant differences. If they are (...) not in possession of all these characteristics, they are unlikely to remind us of different groups of scientists who participate in common researches. The article also contains the hypothesis that acceptance of a common habitus is a condition subject to which the scientists can arrange the mutual understanding space. It issues new challenges to the scientific community, as all people related to university education also accept the scientists’ habitus. (shrink)

Phylogenetic systematics is one of the most important analytical frameworks of modern Biology. It seems to be common knowledge that within phylogenetics, ‘groups’ must be defined based solely on the synapomorphies or on the “derived” characters that unite two or more taxa in a clade or monophyletic group. Thus, the idea of synapomorphy seems to be of fundamental influence and importance. Here I will show that the most common and straightforward understanding of synapomorphy as a shared derived character is not (...) sufficient and eventually must be rejected in favor of Nelson’s relational interpretation of such term. Arguing for this point and using three examples from previously published Apes’ genomic matrices, I explicitly demonstrate that the relationship )) with Hylobatidae as a sister taxon, may be successfully recovered by three-taxon statement analysis and three-taxon statement average consensus analysis even if all of the evident standard shared derived molecular characters of the relationship )) with Hylobatidae as a sister taxon, have been excluded from the molecular alignments. Neither conventional Maximum Parsimony nor Maximum Likelihood or Bayesian Inference can do this in such situation. Thus, our results show that the relationship )) with Hylobatidae as a sister taxon has appeared, in some way, behind standard shared derived characters: the last ones could be excluded, but the relationship remains the same. (shrink)

This paper analyzes the creative interaction between Ivan Bunin and Lev Shestov. After providing constructive feedback on observations and reflections from the preceding scholarly literature on the subject the author argues that the main point of convergence between the writer and the philosopher is their works on Leo Tolstoy. The study includes a textual analysis of the elements of Shestovian discourse that were discovered in Bunin’s essay The Liberation of Tolstoy. The author argues that the ending of The Liberation of (...) Tolstoy can be understood only in the context of existentialist discourse. Bunin's objections to the Shestov's view of Chekhov’s creative work have been studied in detail. In general, Bunin does not appear to be a “disciple” of Shestov, as he is engaged in a philosophical dialogue with him on equal terms. Existentialism is the closest philosophical tradition to Bunin’s thought than any others that arose in the twentieth century. (shrink)

The nature of abstract and concrete semantics and differences between them have remained a debated issue in psycholinguistic and cognitive studies for decades. Most of the available behavioral and neuroimaging studies reveal distinctions between these two types of semantics, typically associated with a so-called “concreteness effect.” Many attempts have been made to explain these differences using various approaches, from purely theoretical linguistic and cognitive frameworks to neuroimaging experiments. In this brief overview, we will try to provide a snapshot of these (...) diverse views and relationships between them and highlight the crucial issues preventing this problem from being solved. We will argue that one potentially beneficial way forward is to identify the neural mechanisms underpinning acquisition of the different types of semantics (e.g., by using neurostimulation techniques to establish causal relationships), which may help explain the distinctions found between the processing of concrete and abstract semantics. (shrink)

Multiple viewpoints have been expressed regarding the principle nulla poena sine lege. Some scholars advocate the inviolability of this maxim because it safeguards personal freedom—an opportunity to do everything not prohibited by law. However, its critics assert that rigid adherence to the principle nulla poena sine lege may do more harm than good. They argue that the maxim, while prohibiting judges from punishing non-criminal acts, makes it impossible for courts to deter them in a timely manner, which, in certain cases, (...) may have a detrimental effect on society. To determine the correct approach to nulla poena sine lege, the paper considers its history in continental criminal law and then analyses the principle theoretically. The examination reveals that two contradictory interests—the need to safeguard personal freedom and the need to combat lawful, yet socially harmful, acts through judicial punishment—cannot be completely ignored in practice. Therefore, the findings suggest a balancing between these interests and propose a way to achieve this compromise. (shrink)

In his reply, E. Borisov fixes the points of diversion between him and his critics and sketches the directions in which his argumentation will proceed. Among the issues mentioned are the problems of the interpretation of comparative constructions (whether they are about objects or sizes), semantic contribution of the modal operator "O" (introduced by Borisov), ways of retrospective reports of affitudes.

Name der Zeitschrift: Paragrana Jahrgang: 23 Heft: 2 Seiten: 139-146.