The Territories of Human Reason is the first major study to explore the emergence of multiple situated rationalities. It focuses on the relation of the natural sciences and Christian theology, but its approach can easily be extended to other disciplines. It provides a robust intellectual framework for discussion of transdisciplinarity, which has become a major theme in many parts of the academic world. McGrath offers a major reappraisal of what it means to be 'rational' which will have significant impact (...) on older discussions of this theme. He sets out to explore the consequences of the seemingly inexorable move away from the notion of a single universal rationality towards a plurality of cultural and domain-specific methodologies and rationalities. This groundbreaking volume will provoke intense discussion and debate. (shrink)

Moral outrage is a response to the behavior of others, never one's own. It is a response to infringements or transgressions on what people perceive to be the immunities they, or others with whom they identify, can expect on the basis of their rights and privileges and what they understand to be their reasonable expectations regarding the behavior of others. A person's culturally defined social identities and the rights and privileges that go with them in relationships to which those identities (...) can be party make up the contents of that person's social persona and also constitute that person's social territory. Infringements of rights and privileges in the social and symbolic worlds in which humans live are the equivalent of encroachments on territory among animals, and moral outrage can be understood as the human expression of what we perceive as territorial behavior in animals. As emotion, outrage is affected by such clinical processes as displacement, rationalization, projection, and reaction formation. Outrage has an essential role in the maintenance of viable social groups, but it also exacerbates conflict among people who perceive one another as “others.”. (shrink)

The main aim of the article is to show that axiological and anthropological dimensions of human rights in the globalized world do not fit together. Such tension – between universally understood human rights and territorially perceived citizens’ rights – is unavoidable. By making the term “human” strictly biological people are being perceived not as members of a particular community but as members of the species. In the political paradigm these collectivities are distinguished by political rules, in the (...) biological paradigm they are perceived as natural. In this situation, from political perspective the life of the others (non-citizens) in effect ceases to be treated as a human life or as a life associated with any ethical requirements, because the normative dimension that metaphysics, religion or politics give to the notion of being human has been excluded. Hence, human rights cannot be enforced with the same effectiveness as the laws enforced in the area of state jurisdiction. They constitute an ethical norm by which the international community judges a given procedure, rather than an enforceable legal norm. In order to justify my reasoning, I will refer to the two philosophically important categories - space and border – that play an important role in understanding the processes of globalization that affect the legitimation and enforcement of human rights. (shrink)

When lethal injection was first legalized in the late 1970s, many people viewed it as safe, reliable, and humane. Today, however, lethal injection does not always perform as promised. Due to difficulties with sourcing lethal injection drugs, states are utilizing untested lethal injection protocols, with little knowledge or experience to guide them. This article argues that lethal injection reform requires regulation similar to that for human subject research, and that the practice of utilizing untested lethal injection methods comes very (...) close to falling under the federal statutory definition of “human subject research“ formulated in the Common Rule. This article argues further that even if one decides that it does not, the practice of lethal injection today is the type of conduct that the human subject research regulations were designed to correct. Moreover, society has an interest in ensuring that executions are conducted in a way that reduces pain and suffering to the lowest extent possible. As such, lethal injection ought to receive further review and oversight to ensure that it comports with reasonable notions of humanity. (shrink)

This chapter presents the text of a lecture on the anthropology in the territory of rights given at the British Academy's 2009 Radcliffe-Brown Lecture in Social Anthropology. This text discusses the transnational initiatives for Muslim women's rights and the everyday lives of some village women in Egypt and argues that anthropologists can provide critical insight into the limits and politics of global discourses on rights. It suggests that anthropologists should intervene into the worlds of power that authorise, shape, and naturalise (...) rights work and the understandings of human social life to which it gives rise. (shrink)

To take into account the growing importance of this extraterritoriality paradigm reassessing the idea of territory in literature, culture and languages, this book offers an interdisciplinary and plurilingual journey through four centuries, four continents and a dozen languages.

Instead of treating art as a unique creation that requires reason and refined taste to appreciate, Elizabeth Grosz argues that art-especially architecture, music, and painting-is born from the disruptive forces of sexual selection. She approaches art as a form of erotic expression connecting sensory richness with primal desire, and in doing so, finds that the meaning of art comes from the intensities and sensations it inspires, not just its intention and aesthetic. By regarding our most cultured human accomplishments as (...) the result of the excessive, nonfunctional forces of sexual attraction and seduction, Grosz encourages us to see art as a kind of bodily enhancement or mode of sensation enabling living bodies to experience and transform the universe. Art can be understood as a way for bodies to augment themselves and their capacity for perception and affection-a way to grow and evolve through sensation. Through this framework, which knits together the theories of Charles Darwin, Henri Bergson, Gilles Deleuze, Félix Guattari, and Jakob von Uexküll, we are able to grasp art's deep animal lineage. Grosz argues that art is not tied to the predictable and known but to new futures not contained in the present. Its animal affiliations ensure that art is intensely political and charged with the creation of new worlds and new forms of living. According to Grosz, art is the way in which life experiments with materiality, or nature, in order to bring about change. (shrink)

The 1951 Refugee Convention and its 1967 Protocol are the main legal documents governing the movement of refugee and asylum seekers across international borders. As the number of displaced persons seeking refuge has reached unprecedented numbers, states have resorted to measures to circumvent their obligations under the Convention. These range from bilateral agreements condemning refugees to their vessels at sea to the excision of certain territories from national jurisdiction. While socio-economic developments and the rise of the worldwide web have led (...) to deterritorialization of vast domains of the economy and the media which enable them to escape from state control, territorial presence, whether on terra firma or on vessels at sea which are functional surrogates for territorial sovereignty, continues to be the basis for the entitlement to human and citizens’ rights. We are facing a dual movement of deterritorialization and territorialization at once, both of which threaten the end of the 1951 Convention. This article is an exercise in non-ideal theory which, nonetheless, has implications for a seminal question in ideal democratic theory as to how to define and justify the boundaries of the demos. If the demos refers to the constitutional subject of a self-determining entity in whose name sovereignty is exercised, regimes of sovereignty, including those which govern the movement of peoples across borders, define the prerogatives as well as obligations of such sovereign entities under international law. The period ushered in by the 1951 Convention was such a sovereignty regime which today may be nearing its end. (shrink)

The Heythrop Journal, Volume 63, Issue 2, Page 317-318, March 2022.

This chapter considers the extent to which the self-determination argument, which justifies a people in exercising jurisdictional authority over territory, can be extended to justify those people in exercising control over the flow of persons and goods across borders. It considers whether preventing people from entering a state is a violation of their rights to free movement and rights to subsistence. Whatever the legitimacy of the right to control borders, it has to be understood as at best a qualified right, (...) since it has to be pursued in ways consistent with basic human rights. Richer political communities, it is argued, have obligations to ensure that basic entitlements of people to live a decent life are met, even if that does not amount to a direct argument for open borders. (shrink)

In recent works Nancy Fraser has developed a model of ?metademocracy? that promises to reconcile the competing claims of universal justice (grounded in human rights) and localized democracy (grounded in popular sovereignty). By instituting a global democratic procedure in which all enjoy participatory parity, Fraser hopes to ensure that some people are not denied standing as ?subjects of justice? simply because of their territorial location while keeping faith with the democratic commitment to autonomy and self-legislation. Despite the compelling nature (...) of this model, I argue that Fraser fails to bridge the gulf between justice and democracy because her model of metademocracy is built on the ?metanorm? of ?participatory parity?. Drawing on the work of Hannah Arendt, I claim that this foundationalist move re-asserts the priority of justice over democracy because it takes equality as a moral given rather than the ever-precarious achievement of human organization. (shrink)

Cooperation during territorial defense allows social groups of African lions to defend access to resources necessary for individual reproductive success. Some forms of cooperation will be dependent upon cognition: reciprocity places greater cognitive demands on participants than does kinship or mutualism. Lions have well-developed cognitive abilities that enable individuals to recognize and interact with others in ways that seem to enhance their inclusive fitness. Male lions appear to cooperate unconditionally, consistently responding to roaring intruders regardless of their male companions’ kinship (...) or behavior. Female lions, however, do keep track of the past behavior of their female companions, apparently using the reliability of a companion as one means of assessing the risks posed by approaching intruders. Some “laggard” females may exploit the cooperative tendencies of “leaders” during territorial encounters. Although leader females clearly recognize laggards as such, the costs of tolerating laggards may be less than the benefits leaders gain through territorial defense behavior. Thus, although lions clearly have the cognitive ability to base cooperation on reciprocity, territorial defense cooperation appears instead to be based primarily on mutual benefits to participants for both male and female lions. (shrink)

Saskia Sassen today and Jane Adams more than 100 years ago are both social scientists and public philosophers of reconstruction. Both offer defining contributions to a philosophical tradition that will be identified here as “radical pragmatism”. Sassen’s theoretical stance “before method” serves as a key to understand Addams’s locally embedded urban activist projects as a form of social scientific inquiry. Sassen introduces the concept of “territory making” as a spark of hope against rampant and destructive global trends of “expulsions”, which (...) her approach reveals. In this article this concept of “territory making” will be explored in various contexts and with particular attention to Addams’s Hull house project. It will be shown how a pragmatist brand of human imagination is critical in “territory making”. This leads to reconsidering the role of art in social transformation projects. (shrink)

_ Source: _Volume 48, Issue 1, pp 57 - 76 The aim of this article is to address the question of the anthropological difference by focusing on the intersubjective relation between the human and the animal in the context of a phenomenological analysis of violence. Following some Levinasian and Derridian insights, my goal is to analyze the structural differences between interspecific and intraspecific violence by asking how the generic phenomenon of violence is modalized across various levels: from human (...) to human, from human to animal, from animal to human, from animal to animal. I will address questions of incarnated vulnerability and altered states of affectivity, and I will relate the various forms of violence emerging in the context of the anthropological difference to the question of territoriality, arguing that violence is structurally modified in relation to particular articulations of our worldly spatiality. (shrink)

The natural communication system of chimpanzees has some unique characteristics rooted in two possible ways of producing call variants in primates. The chimpanzee call repertoire contains variants available to all group members. The transfer presupposes voluntary control and learnability. Chimpanzee vocalization (or its homologue in the common ancestor of chimpanzee and man) seems to represent a real precursor of human language.

This contribution traces the parallel development of two distinct approaches to peasant agroecological education: the peasant-to-peasant horizontal method that disseminated across Mesoamerica and the Caribbean beginning in the 1970s, and the political-agroecological training schools of combined consciousness-building and skill-formation that have been at the heart of the educational processes of member organizations of La Via Campesina since the 1990s. Applying a theoretical framework that incorporates territorial struggle, agroecology and popular education, we examine spatial and organizational aspects of each of these (...) models for peasant education and movement-building. Recognizing that the models, their respective contexts, and the dialectical relationships therein have been in constant evolution, we share findings on the movement-place as a territorial system with socio-historical subjectivity, that is, peasant movements as territorially-embedded, collective historical actors. This leads to some conclusions in moving past educational theory that has centered upon individual subjects, and approaching a conception of territory as a subject of learning processes. (shrink)

The sociocultural landscape of contemporaneity can be represented as a porous inhomogeneous space consisting of border zones. These zones, understood by P. Galison as “local coordination of beliefs and actions,” can be deployed due to already existing conditions, for example, a project may arise at a university. However, such zones do not create sustainable social configurations and infrastructures associated with new areas of knowledge. In this article, we expand the concept of trading zones and call them zones requiring local ontologies (...) that arise on the border between different knowledge and imagination systems and, in turn, require their own infrastructure. This approach supports the view on humanities not as “pre-packaged” knowledge, but as special “technique” forming local ontologies. For a humanities-as-technique to emerge, it is necessary that two or more systems of knowledge coincide in time and form an intermediate zone, on the basis of which some local ontology can unfold. Thus, for example, when combining contemporary philosophy and contemporary mathematics, new images of knowledge emerge. Humanities-as-technique are considered as the basis for the establishment of trading zones, which are understood as local ontologies. We also propose a system of concepts that can be used to describe and construct these trading zones on the territory of the humanities in a techno-oriented cultural environment. (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

This chapter explores the representation of the human body, with a particular focus on transgenesis and transgenderism, in Pedro Almodóvar’s La Ley del Deseo (Law of Desire) (1987) and La Piel que Habito (The Skin I Live In) (2011). Although released 24 years apart, both films represent the female body as a construct that mirrors the fluid reality of the postmodern era in which this body is found. Thus, as the physical space of our global habitat has become ever (...) more artificial, fragmented and unfixed so, too, the screened individual is a ‘floating and drifting self,’ a being that has become increasingly hard to define. Known for his unconventional themes and plots, Almodóvar here challenges traditional notions of what is male and female and the two concepts merge. The viewer explores a fluid corporeal and gendered territory as the once biologically male protagonists are subjected to either voluntary or forced sex change, leaving them physically transformed into a female although their thought patterns are still partly male. Gender and body are open to new interpretations as the filmmaker demonstrates how the human body (and skin), in a sexually permissive, socially and culturally less rigid era, can be surgically and bio-medically altered through a number of procedures, a process which by its end result at times reminds of a Deleuzian becoming. The screened individual is physically changeable, body and mind unfixed concepts, as one identity is left behind and another is adopted. Almodóvar’s man/woman/construct resembles what Zygmunt Bauman has called ‘denizens of’ a ‘postmodern habitat’ that ‘have a rootless and inconclusive existence.’ The argument is inserted into a Baumanian and Deleuzian framework and the fluidity of the human being is analysed from a partly postmodern perspective. (shrink)

Territorial disputes have defined modern politics, but political theorists and philosophers have said little about how to resolve such disputes fairly. Is it even possible to do so? If historical attachments or divine promises are decisive, it may not be. More significant than these largely subjective claims are the ways in which people interact with land over time. Building from this insight, Avery Kolers evaluates existing political theories and develops an attractive alternative. He presents a novel link between political legitimacy (...) and environmental stewardship, and applies these ideas in an extended and balanced discussion of the Israeli-Palestinian dispute. The result is the first systematic normative theory of territory, and an impressive example of applied philosophy. In addition to political theorists and philosophers, scholars and students of sociology, international relations, and human geography will find this book rewarding, as will anyone with wider interests in territory and justice. (shrink)

The United Nations Educational, Scientific and Cultural Organization recently declared transhumance pastoralism as an Intangible Cultural Heritage of Humanity. The notion of heritage seeks to recognize the culture behind the seasonal grazing movements along herding routes, between distant and dissimilar ecosystems. The pastoral families move with their herds from pasturelands used during the winter (winter-lands) to areas pastured during the summer (summer-lands). Whereas this is a key step towards the recognition of the cultural dimension associated to this ancient practice, a (...) relevant feature of transhumance pastoralism is its strong linkage with environmental dynamics. This activity developed in a spatiotemporal and co-evolutionary trajectory, which gave rise to a pastoral territory. A territory is the union or linkage of a meaning with a specific place, that is, the space that is appropriated and valued, both symbolically and instrumentally, by human groups. Hence, the pastoral territory represents the socio-ecological system that integrates a pastoral-based community with the natural environment that it inhabits. We propose a co-evolutionary approach to analyzing some key attributes of transhumant pastoralism, which modulate the socio-ecological interdependence. Based on a study case from Northwest Patagonia, Argentina, we identified and characterized seven attributes: (I) mobility, (II) connectivity, (III) temporal synchrony, (IV) local interdependence, (V) local ecological knowledge, (VI) adaptive capacity legacy, and (VII) mixture of land tenure. We discuss these features as examples that represent keystone socio-ecological attributes for the recognition of transhumant pastoral territories as a biocultural heritage. (shrink)

Las libertades de que disponen las personas se encuentran condicionadas por el entorno en el que cotidianamente realizan sus actividades. El territorio se constituye entonces en determinante del espacio de oportunidades entre las que cada individuo puede elegir. Esto lleva a enfatizar la importancia de examinar las capacidades humanas en entidades geográficas específicas.En el artículo se retoma el Índice de Desarrollo Humano Territorial (IDHT), medida elaborada con el propósito de aumentar la validez del IDH-PNUD para dar cuenta de las brechas (...) espaciales a escala subnacional, y se aplican al mismo algunas modificaciones a fin de lograr una aproximación actualizada y más rigurosa al panorama del desarrollo humano en las provincias argentinas.Se detallan en primer lugar los ajustes metodológicos realizados al IDHT y se presentan luego los resultados de su aplicación a las provincias argentinas, describiendo la evolución que ha experimentado el desarrollo humano en dos puntos en el tiempo (2004-2008). (shrink)

Territorial borders just like other boundaries are involved in a politics of belonging, a politics of “us” and “them”. Border management regimes are thus part of processes of othering. In this article, we use the management of borders and populations in Europe as an empirical example to make a theoretical claim about race. We introduce the notion of the phenotypic other to argue that race is a topological object, an object that is spatially and temporally folded in distributed technologies of (...) governance. To elaborate on these notions, we first examine a number of border management technologies through which both race and Europe are brought into being. More specifically we focus on how various such technologies aimed at monitoring the movement of individuals together with the management of populations have come to play crucial roles in Europe. Different border management regimes, we argue, do not only enact different versions of Europe but also different phenotypic others. We then shift the focus from border regimes to internal practices of governance, examining forensic DNA databanks to unravel articulations of race in the traffic between databases and societies. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

Labor law was traditionally a domestic project, defined on the basis of a geographic territory or a synthetic community; its norms were determined by the state and applied to employers and workers who resided within the state. Commonly, labor law is administered on a territorial basis, applies to incoming workers, and stops at the borders in respect of other states' sovereignty when capital migrates. Globalization affects the background in which labor law operates, including the increased interdependence of markets, the constitution (...) of communities that transcend national borders, and the development of institutions outside and within the nation-state, which displace the locus of regulation from the traditional state level. De-territoriality claims that territory and sovereignty should be understated within the dominion of labor law in order to correct a deep structural imbalance in labor markets. This imbalance was not created by globalization, and as long as it appeared in a consistent yet bounded manner in each and every state, labor law's project was rendered possible by territorial arrangements. With the process of globalization, the territorial solutions previously created within labor law are no longer adequate. When territoriality is adhered to, migrating workers receive partial protection, while migrating capital can easily choose its most convenient forum as a means, inter alia, of undermining labor law's protection to workers. De-territorialization seeks to restore the original intent of labor law's project, which is to level off the distinct strategies that are available to labor and capital in a globalized labor market. (shrink)

For over last 70 years, the concept of "return" attained primary focus for the national narrative of Palestinian struggle against devastating conditions, categorized as eviction from ancestral homeland, diffusion in all aspects and reconstitution of national unity. However, the very idea create fears among Israelis regarding their authority of whole Zionist enterprise, as well as demographic stability of Arab-Jewish ventures, with regards to the return of large number of Palestinians to their own places or any other part in Palestine. Discrimination (...) in opposition to Palestinians is no longer perpetrated fully by Israeli state, but common to its society, as well. Our article is an answer to the complicated question: Can refugees along with other displaced victims ever claim their right in entering Israel and Palestine, since this State includes Gaza and West Bank territories? Various articles have made an attempt to clarify the matter through some internal laws and have also interpreted the rights mentioned in ‘International Covenants on Civil and Political Rights’, particularly while clarifying the idea evolved from the typical term: 'his own country’. The article focuses on the viable first point, specifically on the claim as a right of the Diasporas return to the formerly called ‘Palestine’. Various resources are utilised for the purpose of the research. This includes books, scholarly researched articles and newspapers etc. The study is analytical in nature and based on qualitative research method. Most of the literature used for the article is Secondary. The conclusion drawn in precise manner is that the intentions are blended in repeated violations of human rights, along with ethnic and religious refining and various innumerable deficiencies, and try to become regularly involved in sensitive issues. This turned out to be disheartening for the people living there as no efforts are made for a truthful resolution. (shrink)

Drawing on an analysis of German national cybersecurity policy, this paper argues that cybersecurity has become a key site in which states mobilize science and technology to produce state power. Contributing to science and technology studies work on technoscience and statecraft, I develop the concepts of “territorialization projects” and “digital territory” to capture how the production of state power in the digital age increasingly relies on technoscientific expertise about information infrastructure, shifting tasks of government into the domain of computer scientists (...) and network engineers. The notion of territorialization projects describes states’ ongoing struggle to mobilize science and engineering in order to transform globally distributed information infrastructure into bounded national territory and invest it with patriotic meaning: making digital territory. Digital territory, in other words, is nationalized information infrastructure: it includes building and monopolizing infrastructure as well as normative ideas about nation—who is a digital citizen, and who isn’t; or what constitutes “good” and “bad” digital citizens. Nationalizing information infrastructure and placing statecraft into the hands of scientists and engineers might indicate an emerging form of “techno-nationalism”—a combination of nationalist and technocratic tendencies—raising urgent questions for STS scholarship to investigate the consequences of territorialization projects for justice, democracy, and civic life. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 594-600, July 2022. In The Shifting Border, Ayelet Shachar offers us two concrete proposals for combatting the danger posed by the shifting border, especially to those crossing borders in search of safety. One proposal suggests that human rights travel with migrants, so that agents who control the border must take responsibility for protecting their human rights at the border. A second proposal, which forms the basis of my commentary (...) below, asks that states consider alternative ways for migrants to seek protection safely. In responding to this second proposal, I make two proposals of my own that stem from Shachar's analysis: her analysis offers us the resources we need in order to expand, not only the channels available to migrants for seeking protection, but also our sense of who should be involved in controlling admission, and expanding the “who” that is involved in admission gives meaning to the concept of “moral proximity” which can help to overcome the territorial imperative that dominates the rules governing international migration, i.e., the imperative that protection travels with physical access to territory, only. (shrink)

This dissertation explores a family of theoretical models of humanitarian military intervention. A number of recent theorists, including Tesón, Caney, Buchanan, Orend, Moellendorf, and Wheeler, build their models from a perspective called ‘cosmopolitanism.’ They offer arguments based on the moral supremacy of human rights, the arbitrary character of territorial boundaries, and the duty to protect individual human beings exposed to serious and systematic violence by their own governments. I develop a model of intervention that recognizes the moral significance (...) of political self-government. To the extent that international society should countenance a ‘duty to protect’ human rights, the duty ought to be constrained by a commitment to the values of self-government. The model developed in this dissertation also recognizes the significance of international law enforcement. Insofar as we should permit a role of enforcement for international human rights, that role should be constrained by formally accepted global principles and in particular by positive obligations to prevent and punish actions regarded as international crimes. These other global values are viewed with suspicion by cosmopolitan theorists, who tend to construe them in stark contrast to the vision of global responsibility for human rights protection. But I will show how these other values emerged simultaneously with cosmopolitanism and share many of its underlying intuitions. Because self-government and law enforcement are linked politically to the cosmopolitan vision, these two distinctive global values can be utilized as tools to fortify or expand cosmopolitanism by enlarging the global sense of responsibility for human rights. The aim of this project is to explain how these other values came to be neglected by cosmopolitan theorists, and why they should not be forgotten. (shrink)

The many constraints of outer space experience challenge the human ability to coexist. Paradoxically, astronauts assert that on the international space station there are no conflicts or, at least, that they are able to manage their differences, behavioral as well as cognitive, in full respect of human rights and the imperatives of cooperative living. The question is: Why? Why in those difficult, a-terrestrial, and therefore almost unnatural conditions do human beings seem to be able to peacefully and (...) collaboratively live together? What is there beyond terrestrial boundary conditions that allows for such a result? And what can we learn from the astronauts’ experience about the effectiveness of human rights on Earth? My proposal is that the a-terrestrial dimension deeply alters the mind/body indexical framework and, in this way, disentangles the human inclination to semiosis from the cognitive and behavioral habits of categorization and territorialization inherent in the experience on Earth. If analyzed through the spectrum of an interdisciplinary approach involving anthropology, semiology, law, and human geography, I think that outer space enterprises can offer many insights into the cognitive and ethical/political hindrances to the effectiveness of human rights and their intercultural uses. Meanwhile the compulsive greed for a possessive territorialization of outer space and celestial bodies is growing by leaps and bounds. It haunts and imbues both astropolitics and space law. The astronauts’ semio-anthropological experience of human rights and cooperative coexistence seems to have been left in orbit. The future requires awareness and action by anthropologists, semioticians, cognitive scientists, geographers and lawyers, working all together in an interdisciplinary effort to move beyond approaching the experiential with a territorial mindset. The hope is that the “dark dream” of human exploitation/colonization of outer space will not turn from a political and legal speculation into a future reality. (shrink)

The paper applies phenomenological method to the analysis of perception of landscapes and other spatial formations. A spatial formation is seen as a region of space, or a territory, with its specific meaning that is experienced by the subject who views it. Husserl’s theory of meaning-formation is used to clarify how spatial formations obtain meanings that define them as landscape, home, or country. It is suggested that besides the subject’s position and the series of perceptions of objects, the decisive element (...) that determines the meaning of the specific spatial formation is what Husserl calls a “grasping sense” . It defines the gaze specific to a particular spatiality. When the “grasping sense” becomes intersubjectively valid and institutionalized, it obtains the status of a cultural form which functions as a meaning-bestowing automaton for interpreting the world for entire societies. Finally it is argued that the spatiality specific to human Umwelten serves the purpose of creating and maintaining meanings that would otherwise disappear in the flux of time.Keywords: perception of landscapes, spatial formations, phenomenological method, grasping sense, cultural form. (shrink)

Kant's Critique of Judgment seems not to be an obviously unified work. Unlike other attempts to comprehend it as a unity, which treat it as serving either practical or theoretical interests, Kristi Sweet's book posits it as examining a genuinely independent sphere of human life. In her in-depth account of Kant's Critical philosophical system, Sweet argues that the Critique addresses the question: for what may I hope? The answer is given in Kant's account of 'territory,' a region of experience (...) that both underlies and mediates between freedom and nature. Territory forms the context in which purposiveness without a purpose, the Ideal of Beauty, the sensus communis, genius and aesthetic ideas, and Kant's conception of life and proof of God are best interpreted. Encounters in this sphere are shown to refer us to a larger, more cosmic sense of a whole to which both freedom and nature belong. (shrink)

Tras la Guerra Civil el filósofo catalán Eugeni d’Ors y el filósofo español José Ortega y Gasset ofrecieron una lectura de la teoría de la relatividad de Einstein in la cual conectaron discusiones de unidad y pluralidad con sus respectivas filosofías y proyectos nacionalistas de análisis y reforma política y cultural sintetizantes. Además, frecuentes referencias a Einstein distinguen sus respectivas ideas filosóficas, sus preocupaciones territoriales y sus circunstancias personales en relación a Cataluña, España y Europa. La teoría de Einstein simbolizó (...) la conexión salvadora entre lo clásico y lo moderno, Europa y el Mediterráneo, y ciencia y filosofía. En este artículo analizo los casos inseparables de Ors en relación con el nacionalismo catalán y al proyecto que denominó Noucentisme y de Ortega en relación con el nacionalismo español y a su filosofia política articulada en La España Invertebrada. (shrink)

The South China Sea territorial dispute has been a contentious issue in the international community. In the course of 3 years, China and the Philippines had undergone arbitral proceedings over the maritime rights and entitlements in the South China Sea. As the Permanent Court of Arbitration reached its decision, this paper aims to examine the interpretation process of the Arbitral Tribunal in the judgment of the South China Sea conflict between China and the Philippines. The primary objective of the study (...) is to reconstruct or explain how the Tribunal came up with its interpretation of the written arguments presented by the parties involved and to distinguish whether such reconstruction the Tribunal has successfully interpreted or made sense of the said arguments and submissions. Doing so would necessitate a pragmatic analysis– the relevance-theoretic account of human communication and cognition. Data analyzed include written submissions and arguments as well as the legal documents used during the arbitral process. Using content analysis, the data were evaluated through applying the tool of interpretation based on the criteria set by the three conditions of the relevance theory: logical condition, pragmatic condition, and condition of optimal relevance. This paper argues that in order for the addressee of an utterance, in this case the Arbitral Tribunal, to attain a successful interpretation, it should meet these three conditions. This study found that the reconstruction of the interpretation based on the three conditions showed that the Tribunal had attained a valid and correct interpretation of the Philippines’ and China’s arguments. Furthermore, the paper asserts that implied conclusion and the contextual assumptions can be a guiding principle for the cognitive comprehension or interpretation of legal texts. (shrink)

This work suggests how much human sciences can learn from a booklet almost all cultures know, The Little Prince. It stimulates to read them in their anthropological aspects of behavior facing alterity, highlighting its value without proposing it as educational element to homogenize the different. The reflection is thus focused on the demolishing and lasting effects of European culture during its colonization of American and African people. The contribution ends with Ferraioli and De Vitoria's considerations on a society based (...) on the axiom of the free circulation of men and goods, and the legitimization of thinking given by natural law. (shrink)

The European Convention on Human Rights has been incorporated into UK domestic law. It gives many rights to patients within the National Health Service (NHS). This article explores the concept of patients’ right to privacy. It stresses that privacy is a basic human right, and that its respect by health professionals is vital for a patient’s physical, mental, emotional and spiritual well-being. I argue that health professionals can violate patients’ privacy in a variety of ways. For example: the (...) right to enjoy their property; the right to protect their medical and personal information as confidential; the right to expect treatment with dignity during intimate care; and the right to control their personal space and territory. Some preliminary evidence indicates that many health care practitioners, including nurses, are presently unaware of the articles of the Convention and the implications of the Human Rights Act 1998. In order to prevent litigation for breaches of patients’ privacy, it is advocated that universities and other educational institutions, the Government and NHS trusts should help to produce a clear educational strategy and protocols so that students and practitioners are well informed in this field. Although 41 European countries are presently the signatories of the European Convention on Human Rights, including the UK, it is important to stress that the principles discussed in this article are applicable world-wide. (shrink)

The United Nations Guiding Principles on Business and Human Rights, resulting from the work of John Ruggie and his team, largely depend on state action and corporate good will for their implementation. One increasingly popular way for states to prevent and redress violations of human rights committed by companies outside their country of registration is to adopt measures with extraterritorial implications, some of which are presented in the article, or to assert direct extraterritorial jurisdiction in specific instances. Some (...) United Nations human rights bodies and non-governmental organisations are clearly supporting the use of extraterritoriality and have argued that international human rights law places an obligation on states to embrace extraterritoriality so as to better control the activities of companies registered on their territories. In this context, the article aims to determine whether extraterritoriality is the magic potion that will help enhance corporate accountability for human rights violations committed overseas. The article explores whether such obligation exists and, beyond this, whether extraterritoriality should be further encouraged. (shrink)

This article aims to integrate discourse analysis of politically instrumental imagined identity geographies with the relational and territorial geography of the communities of praxis and interpretation that produce them. My case study is the international community of nationalist scientists who classified Europe’s biological races in the 1820s—1940s. I draw on network analysis, relational geography, historical sociology and the historical turn to problematize empirically how spatial patterns of this community’s shifting disciplinary and political coalitions, communication networks and power relations emerged, were (...) structured, persisted, changed, interacted and disappeared. I focus especially on core— periphery relations. I argue that if local historical spatial patterns affect those of later phenomena, geographies like that of European integration should be understood in the context of Europe’s complex historical cultural geography. Unlike discourse deconstruction alone, this complementary relational de-essentialization of geography can identify large-scale, enduring associations of cultural patterns as well as cultural flux and ambiguity. (shrink)

In this article, we suggest that attending to the roles of heritage and territory could help reshape local food systems in the US: first, by incorporating more producer voices and visions into the conversation; and second, by considering more deeply the characteristics of the places where food is produced. Using the Wisconsin artisanal cheese network as a case study, we have traced how artisanal producers frame their collective heritage and links to their territory. They describe a heritage that includes a (...) cultivation of embedded, “situated” agricultural knowledge(s) and a commitment to specific quality practices as well as a connection to terroir—the specific ecologies and social contexts of their farm or region. We argue that their articulation of this heritage and terroir is both an emergent, ongoing process of adapting to changing market, cultural, and geographic conditions and an effort to recover valued traditions and practices and (re)connect to specific places. (shrink)

Human Rights and Common Good collects John Finnis's wide-ranging work on central issues in political philosophy. The subjects explored include the general theory of political community and justice; the nature and role of human rights; national territory and migrants' and non-citizens' rights; the justification of punishment; and the public control of euthanasia, abortion, and marriage.

Rick Johnstone's plea for liberal federalism and a supranational mechanism for enforcing “human rights” is reminiscent of what Thomas Hobbes said about “Christian commonwealths.” Behind their appeal to universal morality and religious doctrine was the frenzied attempt to shift rule “from Christian kings and sovereign assemblies absolute in their own territories” to “one Vicar of Christ, constituted of the universal church, to be judged, condemned, or deposed, or put to death as he shall think expedient, or necessary, for the (...) common good.” Johnstone is proposing or justifying a similar shift of authority for existing sovereign states to self-appointed vicars of…. (shrink)

The foundation of the Australian colonial project lies within an ‘originary violence’, in which the state retains a vested interest in maintaining the founding order of things. Inequalities and iniquities are maintained for the purpose of sustaining the life and continuity of the state. The Australian state, founder of a violent order is called upon by the international community to conform and uphold ‘human rights’, but what does this call to conformity require, particularly when the call comes from states (...) which are also founded upon colonial violence? This article argumes that very little is required beyond the masquerade that ‘equality’ for Aboriginal peoples is an on-going project of the state. So for what purpose does the masquerade continue? (shrink)

Human by Design invites you on a journey beyond Darwin's theory of evolution, beginning with the fact that we exist as we do, even more empowered, and more connected with ourselves and the world, than scientists have believed possible. In one of the great ironies of the modern world, the science that was expected to solve life's mysteries has done just the opposite. New discoveries have led to more unanswered questions, created deeper mysteries, and brought us to the brink (...) of forbidden territory when it comes to explaining our origin and existence. These discoveries reveal the following facts: Fact 1. Our origin--Modern humans appeared suddenly on earth approximately 200,000 years ago, with the advanced brain, nervous system, and capabilities that set them apart from all other known forms of life already developed, rather than having developed slowly and gradually over a long periods of time. Fact 2. Missing physical evidence--The relationships shown on the conventional tree of human evolution are speculative connections only. While they are believed to exist, a 150-year search has failed to produce the physical evidence that confirms the relationships shown on the evolutionary family tree. Fact 3. New DNA evidence--The comparison of DNA between ancient Neanderthals, previously thought to be our ancestors, and early humans tells us thatwe did not descend from the Neanderthals. Fact 4. A rare DNA fusion--Advanced genome analysis reveals that the DNA that sets us apart from other primates, including in our advanced brain and nervous system, is the result of an ancient and precise fusion of genes occurring in a way that suggests somethingbeyondevolution made our humanness possible. Fact 5. Our extraordinary abilities--We are born with the capacity to self-heal, to self-regulate longevity, to activate an enhanced immune response, and to experience deep intuition, sympathy, empathy, and, ultimately, compassion--and to do each of these on demand. In this book, New York Timesbest-selling author and 2017 Templeton Award nominee Gregg Braden crosses the traditional boundaries of science and spirituality to answer the timeless question at the core of our existence--Who are we?--and to reveal science-based techniques that awaken our uniquely human experiences of deep intuition, precognition, advanced states of self-healing, and much more! Beyond any reasonable doubt, Human by Design reveals that we're not what we've been told, and much more than we've ever imagined. (shrink)