In the framework of the theory of the semiosphere elaborated by Juri Lotman in the 1980s, the notion of translation acquires a new, broadened meaning and is used to describe a general mechanism of cultural dynamics. This is a direct consequence of the understanding of the semiosphere as a “continuum of semiotic systems” of which heterogeneity and polyglotism are constitutive features. If the “smallest functioning semiotic mechanism” is not an isolated system, but always a (at least) binary system, translation (...) will play a central role in communication not only between different cultures, but also within every single culture.The article focuses on the different places of translation within the semiosphere as a system of systems and its relations to the notion of border. It argues that in Lotman’s theory, translation can function both as a homogenizing and a heterogenizing semiotic force, depending on its position at the center or the periphery of a given semiotic system. The first part of the article develops a theoretical argument on the relation between translation processes and cultural borders, which acquire different meanings and functions within Lotman’s theory of the semiosphere corresponding to differently oriented kinds of translation. The second part of the article develops a close analysis of Giacomo Leopardi’s poem “L’Infinito,” where the tension and dialogue between the different functions of the Lotmanian borders and the different kinds of cultural translation become devices for the generation of new meanings. Finally, the article briefly considers the significance of Lotman’s semiospheric understanding of the relation between borders and translation for contemporary translation and border studies. (shrink)

Virtue argumentation theory provides the best framework for accommodating the notion of an argument that is “fully satisfying” in a robust and integrated sense. The process of explicating the notion of fully satisfying arguments requires expanding the concept of arguers to include all of an argument’s participants, including judges, juries, and interested spectators. And that, in turn, requires expanding the concept of an argument itself to include its entire context.

The article compares Roland Barthes’s and Juri Lotman’s notions of ‘second-order semiological systems’ [systemes semiologique seconds] and ‘secondary modelling systems’ [вторичные моделирующие системы]. It investigates the shared presuppositions of the two theories and their important divergences from each other, explaining them in terms of the opposite strategic roles that the notions of ‘ideology’ and ‘culture’ play in the work of Barthes and Lotman, respectively. The immersion of secondary modelling systems in culture as a “system of systems” characterized by internal (...) heterogeneity, allows Lotman to evidence their positive creative potential: the result of the tensions arising from cultural systemic plurality and heterogeneity may coincide with the emergence of new, unpredictable meanings in translation. The context of Barthes’s second-order semiological systems is instead provided by highly homogeneous ideological frames that appropriate the signs of the first-order system and make them into forms for significations which confirm, reproduce and transmit previously existing information generated by hegemonic social and cultural discourses. The article shows how these differences resurface and, partially, fade away in the theories of the text that Barthes and Lotman elaborated in the 1970s. The discussion is concluded by some remarks on the possible topicality of Barthes’s and Lotman’s approaches for contemporary semiotics and the humanities in general. (shrink)

In the multidisciplinary field of memory studies, remembering and forgetting have mainly been analyzed following two ideal-typical models: memory-as-containment (exemplified by the notions of framework and site of memory) and memory-as-flow (epitomized by the notions of afterlife and mnemohistory). These two models are often presented as mutually exclusive and counterposed. Yet, in linking past with present, and when connecting different spaces and generations, memory is always the result of circulation (flow) as well as of local semiotic conditions of production and (...) use (containment). By investigating memory-making and oblivion-making in processes of interpretation, the semiotic perspective elaborated by Umberto Eco allows us to envision memory-as-containment and memory-as-flow in a combined analysis, where the twofold conception of memory – either as movement or as form – merges. The aim of this article is, then, to provide an interpretative theory of memory, and to identify and describe the methodological tools capable of implementing such an approach. The memory of the former Italian concentration camp of Fossoli will serve as an exemplary and illustrative case study. (shrink)

The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient (...) for an act to be discriminatory. If people stand to directly benefit from some act, they cannot claim discrimination on the basis of such benefit. (shrink)

Lycurgus' "Against Leocrates" has long been seen as an anomaly in the oratorical corpus by scholars of ancient rhetoric. Its extensive use of quotations from the poets and of personification are two features regularly picked out as especially odd and inexplicable by critics. This paper argues that these and other features of the speech are central to Lycurgus' attempt to persuade his jury to accept his radically un-Athenian political views. In fact, Lycurgus has rejected Athenian approaches to punishment, prosecution, and (...) politics in favor of Platonic views, which bear the taint of the elite philosophical schools. The quotation and the personification are two techniques that Lycurgus uses to craft a "new prosecutorial voice" that will overcome his audience's objections to his elitist and even Platonic political positions. I contend that the whole speech may be read as a study in how to craft a "voice" or form of oratorical self-presentation that will persuade an audience to accept heterodox political views. (shrink)

Research on an expert system regarding unemployment insurance law has pointed to the difficulties of explicitly representing temporal relations. The question has been addressed in the artificial intelligence literature with respect to planning systems and linguistic analysis. The approaches adopted do not appear to be directly transposable to legal discourse. The problem seems so far to have escaped notice amongst researchers attempting to develop legal expert systems. The paper explores in a preliminary way how lawyers use temporal concepts. It is (...) submitted that “legal time” only partly overlaps with real time. A sketch of a formalization of temporal relations in law, following J. F. Allen's approach, is presented. (shrink)

Tolerance, the mere “putting up” with disapproved behaviour and practices, is often considered a too negative and passive engagement with difference in the liberal constitutional state. In response, liberal thinkers have either discarded tolerance, or assimilated it to the moral and legal precepts of liberal justice. In contradistinction to these approaches I argue that there is something distinctive and valuable about tolerance that should not be undermined by more ambitious, rights-based models of social cooperation. I develop a conception of tolerance (...) as a complementary principle and an interim value that is neither incompatible with, nor reducible to, rights-based liberalism. Tolerance represents a particular, non-communitarian expression of the general dictum that the liberal state, having released its citizens into liberty, rests on social presuppositions it cannot itself guarantee. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or 'votes' and 'talk.' The Condorcet Jury Theorem is appealed to as a justification in terms of votes, and the Hong-Page "Diversity Trumps Ability" result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these (...) results hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of the result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

Epistemic justifications for democracy have been offered in terms of two different aspects of decision-making: voting and deliberation, or ‘votes’ and ‘talk.’ The Condorcet Jury Theorem is appealed to as a justification in terms votes, and the Hong-Page “Diversity Trumps Ability” result is appealed to as a justification in terms of deliberation. Both of these, however, are most plausibly construed as models of direct democracy, with full and direct participation across the population. In this paper, we explore how these results (...) hold up if we vary the model so as to reflect the more familiar democratic structure of a representative hierarchy. We first recount extant analytic work that shows that representation inevitably weakens the voting results of the Condorcet Jury Theorem, but we question the ability of that result to shine light on real representative systems. We then show that, when we move from votes to talk, as modeled in Hong-Page, representation holds its own and even has a slight edge. (shrink)

El artículo es uno de los resultados de la tesis denominada: El derecho administrativo desde el nuevo contexto constitucional a partir del cine colombiano: Dos mujeres y una vaca y El abrazo de la serpiente, realizada como trabajo final para la Maestría en Derecho Administrativo de la Universidad Autónoma Latinoamericana. En el artículo Cine y Derecho se plantean como dos producciones culturales de honda trascendencia en las sociedades actuales y, particularmente el cine aborda nuevas miradas sobre diversos fenómenos sociales, políticos (...) y jurídicos, que le permite evidenciar matices, lecturas y puntos de vista. Por esto el artículo tiene como objetivo repensar el Derecho Administrativo utilizando el análisis fílmico como herramienta para descifrar las conexiones entre cine y ésta disciplina jurídica. Para ello se analizan dos películas en función de visibilizar sus conexiones con el Derecho Administrativo. En Dos mujeres y una vaca se evidencia que la película constituye una interpelación desde el séptimo arte a una sociedad que no se reconoce en la memoria de la guerra que ha padecido y a un Estado que no garantiza eficazmente las seguridades vitales, derechos y propiedades de los ciudadanos. En el caso El abrazo de la serpiente la película constituye un llamado para que el Estado fomente una visión más amplia y holística de la naturaleza que reconozca la integralidad y codependencia de todos los elementos naturales en el ecosistema. Ambas películas hacen un llamado al Estado que supone generar un cambio de paradigma, transformar profunda y fundamentalmente la administración pública, orientar la vocación de servicio público al bien común. (shrink)

In Lukács: Praxis and the Absolute, Daniel Andrés López reassembles Lukács’s philosophy of praxis on a Hegelian basis, as a conceptual-historical totality, both defending him and proposing an unprecedented, immanent critique that raises problems for Marxian philosophy as a whole.

Barristers in England are obliged to follow the ‘cab rank rule’, according to which they must take any case offered to them, as long as they have time in their.

Artificial intelligence and robotic technologies have become nearly ubiquitous. In some ways, the developments have likely helped us, but in other ways sophisticated technologies set back our interests. Among the latter sort is what has been dubbed the ‘severance problem’—the idea that technologies sever our connection to the world, a connection which is necessary for us to flourish and live meaningful lives. I grant that the severance problem is a threat we should mitigate and I ask: how can we stave (...) it off? In particular, the fact that some technologies exhibit behavior that is unclear to us seems to constitute a kind of severance. Building upon contemporary work on moral responsibility, I argue for a mechanism I refer to as ‘technological answerability’, namely the capacity to recognize human demands for answers and to respond accordingly. By designing select devices—such as robotic assistants and personal AI programs—for increased answerability, we see at least one way of satisfying our demands for answers and thereby retaining our connection to a world increasingly occupied by technology. (shrink)

A reconstruction of F.W.J. Schelling's philosophy of language based on a detailed reading of §73 of Schelling's lectures on the Philosophy of Art.

This book offers a broad reconstruction of the modern notion of sovereignty, a comprehensive critique of state-inflicted violence, and a concept of non-coercive law for our contemporary world society.

This article disputes the common view that social science explanations depend on discovery of lawlike generalizations from which descriptions of social outcomes can be derived. It distinguishes between governing and phenomenal regularities, and argues that social regularities are phenomenal rather than governing. In place of nomological deductive arguments, the article maintains that social explanations depend on the discovery of causal mechanisms underlying various social processes. The metaphysical correlate of this argument is that there are no social kinds: types of social (...) entities that share a common casual constitution giving rise to strong regularities of behavior. The article turns next to a consideration of the character of social causation and argues for a microfoundational interpretation of social causation: social causal powers are embodied in the constraints and opportunities that institutions present to individual agents. Finally, it is noted that these arguments have consequences for the credibility of social predictions: it is argued that predictions in social science are generally unreliable. (shrink)

The harvesting of data about people, organizations, and things and their transformation into a form of capital is often described as a process of “accumulation by dispossession,” a pervasive loss of rights buttressed by predatory practices and legal violence. Yet this argument does not square well with the fact that enrollment into digital systems is often experienced as a much more benign process: signing up for a “free” service, responding to a “friend’s” invitation, or being encouraged to “share” content. In (...) this paper, we focus on the centrality of gifting and reciprocity to the business model and cultural imagination of digital capitalism. Relying on historical narratives and in-depth interviews with the designers and critics of digital systems, we explain the cultural genesis of these “give-to-get” relationships and analyze the socio-technical channels that structure them in practice. We suggest that the economic relation that develops as a result of a digital gift offering not only masks the structural asymmetry between giver and gifted but also permits the creation of the new commodity of personal data, obfuscates its true value, and naturalizes its private appropriation. We call this unique regime “accumulation by gift.”. (shrink)

The aggregate EIRP of an N-element antenna array is proportional to N 2. This observation illustrates an effective approach for providing deep space networks with very powerful uplinks. The increased aggregate EIRP can be employed in a number of ways, including improved emergency communications, reaching farther into deep space, increased uplink data rates, and the flexibility of simultaneously providing more than one uplink beam with the array. Furthermore, potential for cost savings also exists since the array can be formed using (...) small apertures. (shrink)

There is a broad consensus in the literature that in the section on ‘The Genus’ in theScience of Logic, Hegel argues that any living being must exist among other instances of its kind, with which it reproduces to create future generations, and out of which it was itself produced. This view is not only hard to motivate philosophically, it also seems to contradict many things Hegel says elsewhere in his system about the details of living nature, especially concerning the reality (...) of spontaneous generation. After an examination of the secondary literature on ‘The Genus’, I offer an alternative view of this section, which I call ‘the Modal Reading’. The Modal Reading sees the language of pluralities in ‘The Genus’ as really Hegel's peculiar way of articulating certain modal features of thoughts about the living: to grasp a living individual as living, we need to distinguish not only between this individual and its environment, but also between the things this individual actually does and other possibilities which it does not actualize. The Modal Reading has a logical motivation insofar as it articulates what is needed to think of a living being as living, but it also avoids saddling Hegel with the problematic entailments he is usually read as taking on in this section. A further upshot of the Modal Reading is that approaching Hegel in this way provides us with a way to see Hegel as defending a non-nominalistic alternative to essentialist accounts of living kinds. Finding a way to read ‘The Genus’ which coheres with Hegel's views elsewhere in his system thus shows Hegel to have been an especially subtle and penetrating thinker, with continuing relevance for the philosophy of biology. (shrink)

European Journal of Philosophy, Volume 29, Issue 4, Page 731-745, December 2021.

This book examines the divine nature in terms of maximal greatness. It investigates each attribute associated with maximal greatness - omnipotence, omniscience, perfect goodness, eternity, and beauty, arguing that maximal greatness is necessary and sufficient for divinity.

Western representation of countries from the Global South implies a dichotomist view of business ethics: on the one hand, universal ethics largely reproduces commonsensical views of the South as ‘less ethical’, and on the other hand, voices from the South are often conditioned to present themselves as substantially indigenous and unambiguous to be accepted as legitimate ethical subjects. We join the growing interest in bridging this gap by drawing on studies from human geography, and ask to what extent the materiality (...) of moral dilemmas bespeaks the disputed underpinning ethical values of a given space. Drawing on Henri Lefebvre’s perspective of the production of social space, we outline and apply the idea of ‘spatial ethics’ to organizations, in order to approach the entanglement between center and periphery. We analyze organizations in favelas, which are, for many authors, territories where experiences are extreme, and poverty and violence mix with vibrant culture and ingenuity. We critically approach the field of business ethics and suggest that one way of moving beyond the North–South debate is to consider that ethics cannot be transmitted or represented in empty milieus. (shrink)

Talk of harm reduction has expanded horizontally, to apply to an ever-widening range of policy domains, and vertically, becoming part of official legal and political discourse. This expansion calls for philosophical theorization. What is the best way in which to characterize harm reduction? Does it represent a distinctive ethical position? How is it best morally justified, and what are its moral limits? I distinguish two varieties of harm reduction. One of them, technocratic harm reduction, is premised on the fact of (...) non-enforceability of prohibitionist policies. The second, deliberative harm reduction, is premised on the fact of reasonable disagreement, grounded in the fact that reasonable persons disagree about a range of controversial behaviours. I argue that deliberative harm reduction better accounts for some of harm reduction’s most attractive features, and provides a plausible way of accounting for harm reductions’s justificatory grounds and limits. (shrink)

Cognitive science has much to contribute to the general scientific body of knowledge, but it is also a field rife with possibilities for providing background research that can be leveraged by artificial intelligence (AI) developers. In this introduction, we briefly explore the history of AI. We particularly focus on the relationship between AI and cognitive science and introduce this special issue that promotes the method of inspiring AI development with the results of cognitive science research.

abstract Assume that some group, A, is under a serious threat from some other group, B. The only way group A can defend itself is by using lethal force against group B, but the standard conditions for using force in self‐defence are not met. Ought group A to avoid the use of force even if this means yielding to an aggressive, evil power? Most people would resist this conclusion, yet given the violation of essential conditions for self‐defence, this resistance is (...) hard to justify. The aim of this paper is to point to an interesting yet unnoticed move made by some philosophers to find a way out of this problem, a move which relies on construing the situation at hand as a tragic dilemma. I show the attractiveness of this solution and argue that in the end it fails. (shrink)

A downward-entailing context has the property that the replacement of the predicate in the context by a stronger predicate preserves truth. So, for instance, presuppositions aside, the context after “every” in (1) where the NPI “ever” appears is downward entailing.

RésuméEn raison de la méfiance épistémique généralisée que ressentent les membres des chambres d’écho envers les étrangers, il est peu probable que de répondre à ce phénomène par un débat civil conduise à un accord ou à un compromis. De plus, une réponse civile peut contribuer au sentiment exagéré, dans la chambre d’écho, de jouir d'un haut statut épistémique, qui est précisément ce qui doit être démantelé ou diminué si un accord ou un compromis doit être rendu possible. En réponse (...) à des chambres d’écho particulièrement dangereuses et résistantes, une réponse modérément incivile peut être justifiée. (shrink)

This study introduces a music therapy project for young offenders through community collaboration and its efficacy through a mixed method. The project called Young & Great Music is carried out via collaboration among three parties, which are the educational institution, the district prosecutor’s office, and corporate sponsor, forming a tripartite networking system. In this paper, we present an efficacy evaluation of the project’s implementation with 178 adolescents involved with the juvenile justice system: 115 youth was on suspension of indictment and (...) 63 youth was under supervised probation. Quantitative and qualitative measures were collected and analyzed to examine the efficacy of the project. The music therapy program was developed for 15 sessions based on the use of music to prompt positive resources through music making and song writing. The efficacy was examined using three scales; self-concept, resilience, and stress coping skills. The paired t-test showed that there were significant improvement in all three scales respectively. In order to examine the group difference between suspended indictment and supervised probation groups, Welch–Aspin t-test was conducted due to unequal variance of the group. Results showed there was a significant group difference in self-concept and resilience. The study further examined participant’s experience of music and perceived benefits. Twenty participants had in-depth interviews about their music therapy experience which were recorded, transcribed and analyzed. Of the 109 statements derived from a qualitative content analysis of the interview transcripts, music making and song writing was repeatedly reported as helpful in gaining “new perspectives,” “courage to challenge and pursuit,” “perseverance,” and “self-acknowledgment.” The positive result of the study showed that the collaborative networking of regional and social resource to support for adolescents at-risk was successful. The results of this project are promising and suggest that other arts-based rehabilitation services and programs should be developed and implemented in juvenile justice system. For this, strategies for program sustainability for long-term facilitation are needed. (shrink)

The Anthropocene debate is one of the most ambitious scientific programmes of the past 15 or 20 years. Its main argument is that, from a geological point of view, humans are considered a major force of nature, thus implying that our current geological epoch is dominated by human activity. The Anthropocene has slowly become a contemporary meta-narrative that seeks to make sense of the ‘earth-system’ as a whole, and one whose vision of the future is dystopian rather than progressive: as (...) the exploitation of the planet’s natural resources reaches tipping point, the very prospects of the continuity of human life are being questioned. This article aims to explore the implicit notions of the human – indeed of the anthropos – that are being mobilized in the Anthropocene debate. It will proceed in two stages: first, the article will spell out the main arguments of the Anthropocene debate with a particular focus on trying to unpack its implicit ideas of the human. Second, it will use my approach to philosophical sociology to highlight some of the limitations and contradictions of the ideas of agency, reflexivity and responsibility that underpin the Anthropocene debate. (shrink)

The orthodoxy on the concept of ownership is given by Honoré's list of incidents. The idea this portrays is as ownership as a very flexible concept. The main purpose of this paper is to argue that the concept of property has much more integrity than the notion of a bundle of incidents may suggest. The Libertarian Challenge claims that redistributive theories of Justice, in so far as they impose involuntary taxes, are inconsistent with property rights, and are therefore unjustifiable. One (...) response to the libertarian challenge is to present alternative conceptions of ownership that are based on less than the complete list of incidents. These conceptions, we are told, avoid the inconsistency inherent in redistributive taxation by rejecting the incidents that are the source of the inconsistency, while retaining the moral appeal by leaving in place the core incidents and thus remaining faithful to what is primarily justifiable in property rights. Such an approach has been taken by several writers (notably, Waldron, Christman, and Fried). These different attempts to present a "truncated", "bifurcated", or "purist" concept of property invariably fail. Taxation must be an infringement of property. The upshot of this is that a justification of redistributive taxation requires a restriction of property or abandoning it altogether rather than redefining it. (shrink)

Our use of artefacts has at different moments been characterised as either replacing or impoverishing our natural human capacities, or a key part of our humanity. This article critically evaluates the conception of the natural invoked by both accounts, and highlights the degree to which engagement with material features of the environment is fundamental to all living things, the closeness of this engagement making any account that seeks to draw a clear boundary between body and artefact problematic. By doing this (...) I seek to clarify the nature of our embodied relationship with various kinds of artefacts; moving from tools to machines to digital interfaces, I consider their differing potentials to be gathered into the body schema, and thus change our embodied horizons of perception and action. While much research currently seeks to facilitate a more ‘natural’ mode of interacting with technology, I argue that such a mode of interaction does not exist outside the particularity of our relationships with specific objects. As a result, rather than trying to cater to supposedly more natural modes of action and perception, future technologies should aim to enrich our experience with new modes, inviting novel relationships that produce new kinds of sensory and other experience. (shrink)