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

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

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

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

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

This article presents a brief general view of the recent literature and the scholarly activity in the field of philosophy of medicine in Scandinavia. The focus of attention is not on medical ethics, but on studies on topics like decision theory, medical classification, causality, causal explanations, concept formation, and on analyses of different ideals of medical science and clinical practice. A few principal works on medical ethics are mentioned by way of introduction and a brief account of a highly topical (...) debate on the legislation on artificial insemination in Sweden is given at the end. (shrink)

I would like to use this seminar to have your views on the first draft of Part I of the monograph I am currently writing about the relation between boundaries and legal order. Part I falls into four chapters. Chapter 1 contextualizes the discussion by drawing on the findings of Saskia Sassen's empirically informed contribution to the sociology of globalisation to undermine the widely shared assumption that the uncoupling of law and state exposes the inside/outside distinction as a merely contingent (...) feature of legal order. Chapter 2 is the conceptual heart of Part I: it unveils a preliminary model of legal orders, national and post-national, that explains why they are necessarily bounded in space, time, subjectivity and content. It runs through three concrete scenarios that illustrate how behaviour can deploy at least three different relations to boundaries, namely legality, illegality and a-legality. The third of these relations captures the nature of the distinction between familiar and strange worlds; it is decisive for explaining why all imaginable legal orders are perforce bounded in each of the abovementioned dimensions. Chapter 3 tests and validates this model, scrutinising its explanatory power with respect to a wide range of possible counter-examples. It discusses, amongst others, the hypothetical example of a world state; the European Union and its relation to the law of its members states; the law of a nomadic people, the Roma; the law of an indige-nous people, the U’we in Colombia; lex mercatoria; multinationals; and the law of the internet. Chapter 4 draws, finally, on these empirical results to revisit and refine the model of bounded legal order sketched out in Chapter 2. The core of this chapter is the problem of the individuation and deindividuation of legal orders. This problem had been introduced at the end of Chapter 1 as a more promising way of illuminating the relation between boundaries and legal order than the traditional theoretical approach to the concept of law, which focuses on the criteria that distinguish law from.... (shrink)

SummaryThis article addresses how and why the Dutch translation of Forbonnais's Elémens de commerce came about and the reasons for its lack of success. It explores the context in which the Utrecht printers and booksellers Spruit and Haanebrink in 1771 published a Dutch version of the first edition of the Elémens. In the preceding decades the deteriorating wealth and power of the Dutch Republic had become a major theme in the transnational debates on political economy. Recent research has established that (...) Dutch authors contributed to this debate as well, initially by propagating neutrality of trade in combination with an attempt reform the staple market system, but increasingly by arguing the necessity of another type of economy. Inspired by foreign examples, a movement of reformative patriotism emerged, advocating a more balanced economy in which international commerce stimulated mature agricultural and industrial sectors. This type of political economy could be found in Forbonnais's Elémens and may have triggered its rendering into Dutch. It was the first in a series of translations instigated by Hendrik van den Heuvel, the organiser of economic patriotism in the Dutch Republic. Spruit and Haanebrink dedicated the Dutch version of the Elémens to him and mentioned Van den Heuvel's recommendation of the French original. The fact that the intended buyers, economic patriots, were able to read the Elémens in French, may have precluded a big sale of the title, but the poor quality of the translation did not help either. However, one should not conclude that the Dutch reading public was not interested in the Elémens. In 1780 Van den Heuvel still recommended another edition in a better translation. Other sources, such as Dirk Hoola van Nooten's Dutch version of Condillac's Le commerce et le gouvernement considérés relativement l'un à l'autre, suggest that Forbonnais's ideas were acknowledged. (shrink)

In this article, I consider the interpersonal support, i.e., scaffolding, that agents provide to one another to share emotions. Moreover, the main target of this paper is to identify those scaffolds and their features that effectively function to boost, support, or enable emotional sharing interactions. To do so, I engage with the “multi-dimensional framework of environmental scaffolding” proposed by Sterelny (_Phenomenology and the Cognitive Sciences_ 9:465–481, 2010). This framework highlights various types of environmental resources, including social and interpersonal factors, that (...) serve as scaffolds for human cognitive agency. Furthermore, the model identifies the functional characteristics associated with these resources, which significantly contribute to scaffolding cognitive (and emotional) performance and skillfulness. Mainly concentrating on social interaction, I argue that individual, familiar social interaction behaviors, shared references, and shared bodily-affective and habitual patterns scaffold the interacting individuals allowing them to effectively share emotions. By examining the functional relationship between these particularly interpersonal scaffolds and shared emotions, I suggest that we can better understand the complex, situationally unfolding dynamics and the versatility of conditions that can boost emotional sharing. As a result, my analysis reveals that there are different types of social interactional scaffolds that vary in familiarity, predictability, robustness, individualization, and mutual adaptation. These features boost and trigger emotional sharing in degrees and different functions and different degrees of these functional features; therefore, different types of social interaction scaffolds are required depending on the situation to situation. (shrink)

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

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

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

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

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

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

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

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

An increasing number of people worldwide are living with chronic conditions that have an aspect of bodily fragility as part of the condition or as an effect of treatment. In this article, I explore the temporal experience of bodily fragility and the particularities of consciousness states among people with the chronic condition osteogenesis imperfecta (OI) in Denmark. My aim is threefold. First, my goal is to give an insight into life with OI, a rare and rarely studied condition. Second, I (...) shed light on bodily fragility, a theme that lives in the shadows of other analytical foci in anthropology. Third, I will contribute to the anthropological understanding of the connection among body, physical environment, and consciousness. I argue that the lifeworlds of people with OI are haunted by mental and bodily memories and fearful future scenarios, which makes the past and the future collapse into the present. (shrink)

The sexual exploitation of children in Indonesia is a serious crime that threatens the fundamental rights of children and their physical, emotional, and mental development. Cases of child sexual exploitation continue to rise, whether in the form of human trafficking, pornography, or sexual abuse, yet the response remains far from optimal. Although regulations and prevention programs are in place, the lack of coordination among law enforcement agencies and the low level of public awareness are major obstacles to resolving these cases.This (...) study employs a qualitative approach using a normative-empirical method, involving an analysis of the legal framework as well as in-depth interviews with legal practitioners and relevant stakeholders. The results indicate that although there is a strong legal foundation, policy implementation is often hindered by bureaucracy, limited human resources, and low legal awareness in society. Additionally, social stigma against victims exacerbates the situation, especially in rural areas.The study recommends an interconnected approach involving substantive law, legal structure, and legal culture as an effective solution to address the escalation of child sexual exploitation. These findings imply the need for improved inter-agency coordination, law enforcement training, and more extensive public awareness campaigns. (shrink)

The origin and the development of scientific disciplines has been a topic of reflection for several decades. The few extensive case studies support the thesis that scientific disciplines are not monolithic structures but can be characterized by distinct social, organizational and scientific–technical practices. Nonetheless, most disciplinary histories of genetics confine themselves largely to an uncontested account of the content of the discipline or occasionally institutional factors. Little attention is paid to the large number of researchers who, by their joint efforts, (...) ultimately shaped the discipline. We contribute to this aspect of disciplinary historiography by discussing the role of women researchers at the Institute for Heredity Research, founded in 1914 in Berlin under the directorship of Erwin Baur, and the sister of the John Innes Institute at Cambridge. This paper investigates how and why Baur built a highly successful research programme that relied on the efforts of his female staff, whose careers, notably Elisabeth Schiemann's, are also assessedin toto. These women undertook the necessary ‘technoscience’ and in some cases innovative work and helped increase the prestige of the institute and its director. Together they played a pivotal role in the establishment of genetics in Germany. Without them the discipline would have developed much more slowly and along a divergent path. (shrink)

One of the main features of Italian feminism of "difference," as seen from an international perspective, is its distinctly political vocation. This vocation is not only, nor especially, limited to the perimeter of a gender politics, but is to be found in the radical critique or in the rethinking of traditional political categories, in the invention of new practices, in the redefinition of the very sphere of politics and in the modes of its transformation. The Italian case, as far as (...) feminism is concerned, is also characterised by the fact that this feminist political critique has been carried on for more than three decades alongside a crisis of traditional politics. The aim of this essay is twofold: one the one hand I analyse the relationship between political crisis and a critique of politics as seen in the larger framework of the relationship between the demise of patriarchy and the end of modern politics; on the other, I examine the resources which may derive from a feminist thought and practice in the present season, which, in Italy, seems marked not only by a crisis but by the collapse of democratic politics. (shrink)