The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal (...) positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition. (shrink)

This article focuses on theoretical reflections on sovereignty and constitutionalism in the context of the globalization and Europeanisation of the nation states, their politics, and legal systems. Starting from a critical assessment of the Kelsen-Schmitt polemic, the author claims that sovereignty needs to be analysed by the sociological method in order to disclose its current structural differentiation. The constitution of society may be imagined as the multitude of self-constituted and functionally differentiated social subsystems. The constitutional pluralism argument subsequently reconceptualizes sovereignty (...) as socially differentiated and divided between specific subsystems. The EU's differentiated constitutional domain and the paradox of divided sovereignty are used as examples of profound structural and semantic changes in contemporary national and transnational societies. While the sovereign nation-state institutions have become marginalized in political structures of European societies, the self-constitutionalization of the functionally differentiated EU legal system proceeds by internalizing the concept of divided sovereignty and using it semantically as its mode of self-reference. (shrink)

The spirit of the laws is a symbol reflecting the ontological status and transcendental ideals of the system of positive law. The article analyses historical links between the romantic philosophy of the spirit of the nation (Volksgeist), which subsumed Montesquieu’s general spirit of the laws under the concept of ethnic culture, and recent politics of cultural and ethnic identity. Although criticising attempts at legalising ethnic collective identities, the article does not simply highlight the virtues of demos and the superiority of (...) civic culture against the vices of ethnos and the regressive nature of ethnic politics of identity. Instead, the author argues that the civil democratic concept of political identity is part of the more general process of social differentiation: unlike the pre-political ethnic concept of identity, it can be converted to generalised democratic procedures and thus dismantle the totalitarian claims of cultural identity politics. (shrink)

The article examines recent theories of legal and constitutional pluralism, especially their adoption of sociological perspectives and criticisms of the concept of sovereignty. The author argues that John Griffiths's original dichotomy of “weak” and “strong” pluralism has to be reassessed because “weak” jurisprudential theories contain useful sociological analyses of the internal differentiation and operations of specific legal orders, their overlapping, parallel validity and collisions in global society. Using the sociological methodology of legal pluralism theories and critically elaborating on Teubner's societal (...) constitutionalism, the author subsequently reformulates the question of sovereignty as a sociological problem of complex power operations communicated through the constitutional state's organization and reconfigured within the global legal and political framework. (shrink)

This article reinterprets the Kelsen-Schmitt debate in the context of social systems theory and rethinks its major concepts as part of legal and political self-reference and systemic differentiation. In Kelsen?s case, it is the exclusion of sovereignty from juridical logic that opens a way to the self-reference of positive law. Similarly, Schmitt constructed his concept of the political as a self-referential system of political operations protected from the social environment by the medium of power. The author argues that the process (...) of legal and political globalisation rules out the possibility of formulating substantive theories of the state associating this particular social organisation with metaphysical values and a self-validating collective identity. Kelsen and Schmitt continue to inspire current theories of non-metaphysical globalised law and politics. However, the constitutional state and sovereignty need to be reformulated as a meeting point of functionally differentiated and globalised legal and political communications and not as their ultimate end. (shrink)

‘We must newly conceive the time of law. To do so, the book calls for a more temporally attuned constitutional theory that places a principle of anti-reification at the centre of its jurisprudentia...

New Proposals for New Questions Nuevas propuestas para nuevas cuestiones In six sections, the volume deals with different questions of political philosophy. The first section focuses on democratic theories, the second on conceptual debates, discussing topics such as collective rights, the terrorist phenomenon, Libertarianism and conceptions of freedom. In a third section on contemporary debates, perspectives on sovereignity and legitimacy as well as discourse theory versus political liberalism are discussed. The volume also features essays on democracy and law, and in (...) a section entitled oJudicial construction of democracyo papers on constitutional reviews by judges in the Netherlands as well as the construction of democracy in the context of Latin-American democracies. Finally, in the last section the volume deals with the European Constitutional Treatise, analysing the arguments and examining the legitimacy crisis and the main objections displayed against this treatise. Contents I. On Democratic theory / Teoria de la democracia: Eerik Lagerspetz: The Problem of the Common Good in Democratic Theory Sergiy Maksymov: The Kantian Project of the Law Governed Society and New Democracies II. Conceptual debates / Debates conceptuales: Martin Blanchard: Recognition and the Case of Indigenous Reparations: A Habermasian Critique of Habermas Bronik Matwijkiw: The failed Model of Terrorism Susumu Morimura: The Libertarian View of Human Nature Jonathan E. Soeharno: Freedom as Second Nature. Exploring the value of Hegel's concept of Autonomous Personality for Global institutional theory Hashimoto Tsutomu: On the Concept of Positive and Negative Liberty III. Contemporary debates / Debates contemporaneos: Terhi Kiiskinen: Sovereignty Revisited: On Inalienable Constitutional Power Luiz B. Leite Araujo: A Decade of Debate: Discourse Theory versus Political Liberalism IV. Democracy and law / Democracia y derecho: Kenneth E. Himma: Does it really mather whether a Judicial Decision is morally Legitimate? The practical implications of Judicial Illegitimacy in a otherwise Legitimate State Carl Lebeck: Commitments, Rules and the limits of Constitutionalism Oliver W. Lembcke: Exception Rules? Freedom and the Order in a State of Exception Bart van Klink: Does Necessity knows no Laws? Application of Law in a State of Exception Costanza Margiotta: Ideas and Values of the oLegalo State Jiri Priban: Constitution-Making. Morality and Legal Symbolism: on Identity, Temporality and Differentiation of the legal, political and moral Systems V. Judicial construction of democracy / Construccion judicial de la democracia: Maurice Adams: Judging the Constitution: the Third Way. Some reflections on the introduction of Constitutional Review by Judges in The Netherlands Larry Alexander: What is the Problem of Judicial Review? Roberto Corona Copado: Las reglas del juego democratico. La Suprema Corte de Justicia de Mexico en la solucion de controversias entre organos del poder politico desde 1995 Jose de J. Ibarra Cardenas: La construccion judicial de la Democracia en Iberoamerica VI. Deliberation on European constitutional norm / Deliberacion sobre la nueva constitucion europea: Olaf Tans: Deliberating European Constitucional Norms. An Analysis of arguments Carla M. Zoethout: The Court and the Charter or Who Guards the Court of Justice of the EU under the new Constitution?. (shrink)

Metaphysical theories are beautiful. At the end of this book, Jiri Benovsky defends the view that metaphysical theories possess aesthetic properties and that these play a crucial role when it comes to theory evaluation and theory choice.Before we get there, the philosophical path the author proposes to follow starts with three discussions of metaphysical equivalence. Benovsky argues that there are cases of metaphysical equivalence, cases of partial metaphysical equivalence, as well as interesting cases of theories that are not equivalent. Thus, (...) claims of metaphysical equivalence can only be raised locally. The slogan is: the best way to do meta-metaphysics is to do first-level metaphysics.To do this work, Benovsky focuses on the nature of primitives and on the role they play in each of the theories involved. He emphasizes the utmost importance of primitives in the construction of metaphysical theories and in the subsequent evaluation of them.He then raises the simple but complicated question: how to make a choice between competing metaphysical theories? If two theories are equivalent, then perhaps we do not need to make a choice. But what about all the other cases of non-equivalent "equally good" theories? Benovsky uses some of the theories discussed in the first part of the book as examples and examines some traditional meta-theoretical criteria for theory choice (various kinds of simplicity, compatibility with physics, compatibility with intuitions, explanatory power, internal consistency,...) only to show that they do not allow us to make a choice.But if the standard meta-theoretical criteria cannot help us in deciding between competing non-equivalent metaphysical theories, how then shall we make that choice? This is where Benovsky argues that metaphysical theories possess aesthetic properties – grounded in non-aesthetic properties – and that these play a crucial role in theory choice and evaluation. This view, as well as all the meta-metaphysical considerations discussed throughout the book, then naturally lead the author to a form of anti-realism, and at the end of the journey he offers reasons to think better of the kind of anti-realist view he proposes to embrace. www.jiribenovsky.org. (shrink)

Pavel Materna proposed valuable explications of concept and conceptual system. After their introduction, we contrast conceptual systems with (a novel notion of) derivation systems. Derivation systems differ from conceptual systems especially in including derivation rules. This enables us to show close connections among the realms of objects, their concepts, and reasoning with concepts.

In this book, Jiri Benovsky takes a stand for a variant of panpsychism as being the best solution available to the mind-body problem. More exactly, he defends a view that can be labelled 'dual-aspect-pan-proto-psychism'. Panpsychism claims that mentality is ubiquitous to reality, and in combination with dual-aspect monism it claims that anything, from fundamental particles to rocks, trees, and human animals, has two aspects: a physical aspect and a mental aspect. In short, the view is that the nature of reality (...) is 'phental' (physical-mental). But this does not mean, according to the author, that rocks and photons think or have conscious experiences, in the sense in which human animals have experiences. This is where pan-proto-psychism enters the picture as being a better theoretical option, where the mental aspects of fundamental particles, rocks, and trees are not experiential. Many hard questions arise here. In this book, Benovsky focuses on the combination problem: in short, how do tiny mental aspects of fundamental particles combine to yield macro-phenomenal conscious experiences, such as your complex experience when you enjoy a great gastronomic meal? What makes the question even harder is that the combination problem is not just one problem, but rather a family of various combination issues and worries. Benovsky offers a general strategy to deal with these combination problems and focuses on one in particular – namely, the worry concerning the existence of subjects of experience. Indeed, if standard panpsychism were true, we would need an explanation of how tiny micro-subjects combine into a macro-subject like a human person. And if panprotopsychism is true, it has to explain how a subject of experience can arise from proto-micro-mental aspects of reality. Benovsky shows that understanding the nature of subjectivity in terms of the growingly familiar notion of mineness in combination with a reductionist/eliminativist view of the self, allows us to have a coherent picture, where this type of combination problem is avoided, without throwing the baby out with the bathwater. (shrink)

Inferencialismus idealizuje proces získání významu v komunikaci. K tomu snadno najdeme protipříklady. Zcela zde chybí nějaká, zejména pojmová analýza a také nějaké rozhodovací (meta)pravidlo pro získání významu.

In this book, Jiri Benovsky defends the view that he doesn't exist. In this book, he also defends the view that this book itself doesn't exist. But this did not prevent him to write the book, and although in Benovsky's view you don't exist either, this does not prevent you to read it. Benovsky defends a brand of non-exceptionalist eliminativism. Some eliminativists, typically focusing on ordinary material objects such as chairs and hammers, make exceptions, for instance for blue whales (that (...) is, living beings) or for persons (that is, conscious organisms). Benovsky takes one by one all types of allegedly existing objects like chairs, whales, and persons and shows that from the metaphysical point of view they are more trouble than they are worth – we are much better off without them. He thus defends an eliminativist view about ordinary objects as well as the 'no-Self' view, where he explores connections between metaphysics, phenomenology, and Buddhist thought. He then also considers the case of aesthetic objects, focusing on musical works and photographs, and shows that the claim of their non-existence solves the many problems that arise when one tries to find an appropriate ontological category for them, and that such an eliminativist view is more natural than what we might have thought. The arguments provided here are always topic-specific: each type of entity is given its own type of treatment, thus proving a varied and solid foundation for a generalized, non-exceptionalist, full-blown eliminativist worldview. (shrink)

In this paper, I argue that (non-presentist) endurantism is incompatible with the view that properties are universals. I do so by putting forward a very simple objection that forces the endurantist to embrace tropes, rather than universals. I do not claim that this is bad news for the endurantist—trope theory seems to me by all means more appealing than universals—rather, I would like to see this result as a further motivation to embrace tropes. I then also put forward a (more (...) controversial) reason to believe that at least some versions of perdurantism also require tropes rather than universals. (shrink)

This open access book is about exploring interesting borderline cases of art. It discusses the cases of gustatory and olfactory artworks, proprioceptive artworks, intellectual artworks, as well as the vague limits between painting and photography. The book focuses on the author’s research about what counts as art and what does not, as well as on the nature of these limits. Overall, the author defends a very inclusive view, 'extending' the limits of art, and he argues for its virtues. Some of (...) the limits discussed concern our senses, some concern vagueness and fuzzy boundaries between different types of works of art, some concern the amount of human intention and intervention in the process of creation of an artwork, and some concern the border between art and science. In these various ways, by understanding better such borderline cases, Benovsky suggests that we get a better grip on an understanding of the nature of art. (shrink)

We study search problems and reducibilities between them with known or potential relevance to bounded arithmetic theories. Our primary objective is to understand the sets of low complexity consequences of theories Si2 and Ti2 for a small i, ideally in a rather strong sense of characterization; or, at least, in the standard sense of axiomatization. We also strive for maximum combinatorial simplicity of the characterizations and axiomatizations, eventually sufficient to prove conjectured separation results. To this end two techniques based on (...) the Herbrand's theorem are developed. They characterize/axiomatize Σb1-consequences of Σb2-definable search problems, while the method based on the more involved concept of characterization is easier and gives more transparent results. This method yields new proofs of Buss' witnessing theorem and of the relation between PLS and Σb1, and also an axiomatization of Σb1. (shrink)

How do ordinary objects persist through time and across possible worlds ? How do they manage to have their temporal and modal properties ? These are the questions adressed in this book which is a "guided tour of theories of persistence". The book is divided in two parts. In the first, the two traditional accounts of persistence through time (endurantism and perdurantism) are combined with presentism and eternalism to yield four different views, and their variants. The resulting views are then (...) examined in turn, in order to see which combinations are appealing and which are not. It is argued that the 'worm view' variant of eternalist perdurantism is superior to the other alternatives. In the second part of the book, the same strategy is applied to the combinations of views about persistence across possible worlds (trans-world identity, counterpart theory, modal perdurants) and views about the nature of worlds, mainly modal realism and abstractionism. Not only all the traditional and well-known views, but also some more original ones, are examined and their pros and cons are carefully weighted. Here again, it is argued that perdurance seems to be the best strategy available. (shrink)

The paper deals with the problematic of concept and image as independent forms of mediating the thought. A specific role in incorporating the media of concept and image into the system of thought is played by the mediality itself, which operates as an entity mediating between heterogeneous worlds. The symbolized messages of the concept and image thus represent using the dispositive of representation between the visual and intellectual worlds. The author takes the concept as the initial form of thought, which (...) describes the object from the perspective of its being without making any propositions about it; the image, on the other hand, is taken as a sensory representation of the object. However, each of them is only a particular form of mediation. Representing a concept thus means taking the thought as a conceptual representation. (shrink)

1. Směry, osobnosti, problémy -- 2. Biograficko-bibliografický slovník.

In its jurisprudence relating to Article 267 TFEU, the Court of Justice of the European Union seems to oscillate between two different approaches. According to the jurisprudential mainstream, the preliminary ruling is an instrument of dialogue between national courts and the Court of Justice. This constant dialogue can fulfill the role assigned to the Court to ensure consistency of interpretation and application of Union law. Another line of cases, however, seems to make preliminary rulings means for individuals to ensure their (...) rights which derive from EU law. These two visions of the preliminary references recently have been opposed in discussions about a particular aspect of the preliminary procedure, which is the late withdrawal of the question referred by the national court. In fact, when the national court considered that the response of the Court of Justice was not “necessary to render judgment,” it could, at any time, including both before and after the deliberate publication, date the judgment to the parties and remove this issue. Therefore, the jurisdiction of the Court of Justice became dependent on matters of procedure (dealings between the parties, amicable agreements, etc.) that occurred in extremis before the national court, which sometimes cast doubt on a possible manipulation of the Court by the parties to the main proceedings. It became necessary to find a solution to solve this problem. The two different visions were then compared. If the preliminary ruling is conceived as an additional instrument for the rights that individuals derive from EU law, there is no need for the Court of Justice of the European Union to make a decision when the dispute is resolved before the national court and the defendant has obtained satisfaction. Conversely, if the preliminary ruling is conceived as an instrument to ensure the uniform application and interpretation of EU law, this judgment may be necessary. In fact, without deciding in abstracto, the Court in its judgement will anchor an interpretation that should be applied in all similar cases in the courts of the 27 Member States. In this case, a judgment may still be necessary, even if the dispute before the national court ended off. In order to preserve this approach, the new Rules of Procedure now contain a provision in Article 100 (1) which reads as follows: “The Court shall remain seised of a request for a preliminary ruling for as long as it is not withdrawn by the court or tribunal which made that request to the Court. The withdrawal of a request may be taken into account until notice of the date of delivery of the judgment has been served on the interest persons referred to in Article 23 of the Statute”. Thus, the late withdrawal of a request for a preliminary ruling is clearly limited in time and, even if such removal would occur in extremis, the judgment of the Court will be delivered in the interest of interpretation and uniform application of Union law. (shrink)

Consistent application of dialectical materialism leads Marxism-Leninism to the assertion that matter is infinite in its properties. However, the history of physics shows that the various levels of matter possess geometric dimensions that originate at the lowest level and continue through the others. The search for absolute natural constants — which Planck called the most pleasant task of physics — shows the conviction of the physicists that there is a limit to the parameters, a limit beyond which matter is no (...) longer divisible. (shrink)

Analogy is taken into consideration by its didactive and heuristic functions. Analogic changes are analyzed in the form of syntactic-semantic graphs. Their recognizable structural similarity corresponds to the syntax or semantics in the analogy. The concept of analogy has subjective and objective aspects. The explanation in analogies is a dynamic transition from one concept structure to another. The possibility of analogy in the world is a statement about the disposition of the world. The possibility of analogy asserts something about the (...) behaviour of the environment. Analogy is considered as a means of explanation and a dynamic method of cognition. (shrink)

In this paper, I explore several versions of the bundle theory and the substratum theory and compare them, with the surprising result that it seems to be true that they are equivalent (in a sense of 'equivalent' to be specified). In order to see whether this is correct or not, I go through several steps : first, I examine different versions of the bundle theory with tropes and compare them to the substratum theory with tropes by going through various standard (...) objections and arguing for a tu quoque in all cases. Emphasizing the theoretical role of the substratum and of the relation of compresence, I defend the claim that these views are equivalent for all theoretical purposes. I then examine two different versions of the bundle theory with universals, and show that one of them is, here again, equivalent to the substratum theory with universals, by examining how both views face the famous objection from Identity of Indiscernibles in a completely parallel way. It is only the second, quite extreme and puzzling, version of the bundle theory with universals that is not be equivalent to any other view; and the diagnosis of why this is so will show just how unpalatable the view is. Similarly, only a not-so-palatable version of the substratum theory is genuinely different from the other views; and here again it's precisely what makes it different that makes it less appealing. (shrink)

The general recognition of the existence of atoms and molecules occurred only at the beginning of the twentieth century. Many researchers contributed to this, but the ultimate proof of the molecular nature of matter that convinced even the last sceptics was the confirmation of Albert Einstein’s statistical-fluctuation theory of Brownian motion, a part of his comprehension of interdisciplinary atomism, by Jean Perrin’s experiments on colloidal gamboge particles. Einstein noticed a difference between the values of Avogadro’s constant derived from Perrin’s experiments (...) and Planck’s calculation from black-body radiation. Einstein assumed the incorrectly evaluated size of the gamboge spherules to be a culprit of the difference and asked Perrin to check the assumption with additional experiments and using the viscosity formula introduced in his own dissertation. The result was a discrepancy that neither Einstein nor Perrin settled any further. In this communication, based on the survey of developments in colloid and polymer science and their comparison with relevant experiments, an explanation of the dilemma is given that now, after more than a century, proves Einstein correct. The comparison was de facto possible during his lifetime. (shrink)